Articles 2022

A recent Ontario Superior Court decision in El Ashiri v. Pembroke Residence Ltd. has expanded the circumstances in which a director of a corporation may be liable for debts owed to employees or former employees of the corporation and the scope of that potential personal liability.

In the recent decision McIntosh vs. Legal Aid Ontario, the Ontario Superior Court confirmed that “it is now beyond question that Ontario law does recognize the right to bring a civil action for damages for the invasion of personal privacy.” The Court commented that it was necessary for individuals to have access to a remedy for violations of their privacy because of “the technological changes that have occurred over such a short period of time and in such a pervasive manner."

We are pleased to announce that Connie Reeve is the 2015 recipient of the OBA Randall Echlin Mentorship Award.

In this recent Ontario Small Claims Court decision on constructive dismissal and damages, the Court found sufficient facts to make an award of punitive damages.

A recent decision from the Ontario Superior Court of Justice proves how challenging just cause dismissals can be for employers. In this case, the Court found that an employee who punched a co-worker in the nose did not deserve the “capital punishment” in employment law – dismissal for cause.

Is “work” distinguishable from “employment”? The SCC recently answered in the affirmative – at least for one executive director. Stressing the duty of good faith and fair dealing, the Court held that a suspension with pay amounted to a constructive dismissal –sending shivers through every employer who levies an administrative suspension.

Premier Wynne's action plan to combat sexual violence and harassment entitled It’s Never Okay: An Action Plan to Stop Sexual Violence and Harassment was released this month. Employers should be ready to review their workplace harassment policies and procedures in light of any new legislation proposed and take advantage of any new guidance provided by the Province.

With Bill 168 came increased obligations on employers to provide a workplace that is free from harassment and violence. In practice, we find that a key tool for employers in effectively dealing with harassment and bullying in the workplace are policies and programs. This article discusses some suggestions for creating useful policies and programs.

The Supreme Court of Canada has just ruled on constructive dismissal, good faith dealings and administrative suspensions. The case is an important review of the law surrounding the expectations for employers in managing employees and processes to be followed in taking unilateral action including through the implementation of an administrative suspension.

Conducting investigations has become a necessary reality of the workplace. When conducted properly, an investigation can be a valuable tool in assisting employers in making decisions and reducing liability.