Articles 2023

My key message is simple: counsel should consider mediation or arbitration as early as reasonable in the process, bearing in mind the specific nature of the dispute.

A recent case underscoring the importance of ensuring termination clauses adhere to ESA minimum requirements and the need for employers to carefully consider whether to use fixed-terms when hiring employees.

The BC Court of Appeal affirms that an employee's surreptitious recordings of meetings and conversations with other employees, which were discovered post-termination in the course of litigation, constituted after-acquired just cause for dismissal.

Court backlogs worsened in 2023 thereby significantly delaying wrongful dismissal actions. While ADR processes help to reduce backlogs, Ontario does not have province-wide mandatory mediation, and most arbitration is a result of contractual termination clauses that can be challenged. One way to encourage voluntary mediation is for courts to penalize parties for failure to participate. So, how did our Courts fare in 2023 in promoting mediation and arbitration in wrongful dismissal matters?

Tips from a technology-savvy mediator on harnessing all the available tools to improve written advocacy at mediation and litigate more effectively.

Social media is a common part of most Canadians’ everyday lives. However, social media’s promise of nearly unlimited connectedness can pose problems when parties compromise their settlement agreements through their social media activity. This overview of two recent, non-judicial decisions provides labour and employment law lawyers with practical guidance on how to navigate settlement agreements in the era of social media.

Even when not mandatory, mediation can provide parties in a human rights dispute with an opportunity to creatively design a process and achieve an outcome that works for them.

The Ethical Screen: A How-to Guide provides readers with a current and concise overview of the regulations and expectations associated with an Ethical Screen. Reference to Ontario v. Chartis Insurance Company of Canada exemplifies how to avoid the consequences of an inadequate Ethical Screen.

An arbitrator upheld the termination of a unionized employee under the employer’s attendance support program for excessive absenteeism where there was no prospect of reasonable attendance.