Articles 2023

This article discusses the decision of the Ontario Superior Court of Justice in Fisher v. Hirtz, which ruled on the issue of ‘employee versus independent contractors’ and highlighted the common law principles for differentiating employees from independent contractors and dependent contractors.

In the recent decision Wood v. CTS of Canada Co., the Ontario Superior Court provided useful guidance to employers, unions and employees caught up in a mass termination. The Court emphasized the importance of providing proper early notice to the Ministry of Labour and securing adjustment services for affected employees.

In most cases, an employer’s liability will be based on the circumstances existing at (and at times, leading up to) the date of dismissal. Occasionally, however, an employer’s liability may be exacerbated by poor decision-making after the employee has left the building. Over the past twelve months, the Ontario Superior Court of Justice has released several decisions that provide a useful outline of how this can happen.

The law concerning restrictive covenants in Canada has been a subject of substantial judicial scrutiny as whether or not a court would consider such covenants to be enforceable will depend on the facts of each case. When drafting restrictive covenants for inclusion in an employment contract, employers should consider various guidelines/limitations provided by the courts over time such as reasonableness, territorial and time limitations etc.

An employee’s mitigation efforts remain one of the most contested, and unpredictable, issues in wrongful dismissal matters. In a helpful decision from the Ontario Superior Court, the concept of when retraining is appropriate was considered.

The line between resignation and constructive dismissal has become increasingly blurred and is a common issue of contention in employment litigation. In the recent case of Persaud v Telus Corporation, the Ontario Court of Appeal provides useful guidance regarding the effect of conduct in determining whether a resignation is actually a constructive dismissal.

In this edition of our newsletter, Njeri Damali Campbell, Technology Liaison for the Labour and Employment Section of the OBA speaks with Hermie Abraham of Advocation Law about the use of technology in her labour and employment practice.

Bill 177, once passed, will amend the Employment Standards Act, 2000 and the Occupational Health and Safety Act to introduce a new leave of absence for employees who are or have experienced domestic or sexual violence, or whose children are or have experienced domestic or sexual violence.

The Hryniak decision called for a culture shift, and this shift has been strongly felt by employment lawyers, specifically with a recent increase in the scope of what summary judgment motions have been resolved, or partially resolved, by the Courts.