Articles 2021

In the second of a two-part series, I interview mediators Barry Fisher, Lisa Feld, Sheri Price and Stuart Rudner regarding their top tips and trends they see in the world of virtual mediations.

In Matthews v Ocean Nutrition Canada Ltd., the Supreme Court declined to address whether the duty to perform a contract in good faith established in Bhasin v Hrynew, 2014 SCC 71 extends throughout the duration of an employment contract. The court instead provided helpful guidance regarding the test for whether an employee is entitled to damages for loss of bonus or incentive payments during a reasonable notice period.

Ending an employment relationship can be fraught with legal risks. Sometimes these risks arise even before the employee has started working for the employer. A recent decision, Kim v. BT Express Freight System, confirms that employers may be liable for damages if they revoke an accepted offer or terminate an employment relationship before the employee actually begins working.

With the onset of the COVID-19 pandemic, the labour and employment bar was forced to rapidly adapt to the world of virtual law practice. Seven months into the pandemic, Arbitrators Paula Knopf, Elaine Newman, Chris Albertyn and Robert Herman provide their insights on virtual hearings, their future post-pandemic, and tools that counsel can use to make the hearing process more efficient.

The sudden shutdown of many offices resulting from the declaration of states of emergency following the outbreak of COVID-19 in Canada meant an entire workforce was suddenly working from home. While we live in an era where most businesses are prepared and equipped for their employees to work remotely, many were left scrambling to continue "business as usual". This article outlines the key steps employers can take to address the privacy risks created by work-from-home arrangements.

A summary of the Ontario Superior Court of Justice's recent decision in Hucsko v. A.O. Smith Enterprises (2020 ONSC 1346).

In the past three years, the Ontario appellate courts released four appellate decisions affirming and clarifying the test to determine whether a worker is a dependent contractor. Thurston v. Ontario (Children’s Lawyer) is the third of four post-McKee appellate court decisions that counsel should consider when advising clients regarding contracts and termination in employment matters.

A subject often considered by our clients, a subject never considered in any detail by lawyers. With the recent pandemonium in the workplace wrought by the pandemic, the institution of the CERB, the extension of the CERB, the delay in EI benefits as a result, and the impact on so many employers and employees, have all resulted in more attention being given to this usually innocuous document