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Three recent Ontario court decisions offer employers a welcome shift and much-needed insight into the types of termination provisions that will withstand judicial scrutiny. Two of the decisions confirm that the presence of the phrase “at any time” is not necessarily fatal to the enforceability of a termination provision, while the third decision limits Dufault v. The Corporation of the Township of Ignace’s reach by refusing to extend the reasoning in Dufault to compensation agreements that are separate from the employment contract itself.

Recently, the Canadian Human Rights Act's monetary cap of $20,000 was challenged before the Federal Court in Parkdale Community Legal Services v. Canada. While the Court recognized that the damages cap has remained stagnant for 25 years, it ultimately concluded that the issue was a policy issue, and not an issue that would be appropriate for Court comment.

Two recent decisions of the Ontario Superior Court of Justice consider the consequences of parties' failure to attend examinations for discovery in the wrongful dismissal context.

A sequel to Mitchell Rose' "The Totally Not Fake Dictionary of Ontario Employment Law".

This article summarizes recent Ontario Court of Appeal decisions about the enforceability of contractual termination clauses, including Bertsch and De Castro.

Lachapelle v. St. Laurent Automotive Group Inc., 2025 ONSC 1956 appears to have been a fierce battle about a range of legal issues arising from an interesting set of facts. In addition, Justice Roger’s subsequent costs award, Lachapelle v. St. Laurent Automotive Group Inc., 2025 ONSC 2879 (released May 14), provides useful guidance on managing settlement negotiation and pre-trial conduct, particularly in the context of Simplified Procedure and Rule 49 cost consequences.

In Khanom v. Idealogic PDS Inc., 2024 ONSC 5131, the Plaintiff, whose job title is undisclosed, requested to work from home during a government-imposed stay-at-home order. The Plaintiff’s duties were primarily computer-based. The Plaintiff's request derived from concerns regarding her diabetic husband’s health, as he was particularly vulnerable to health risks posed by COVID-19. The Defendant refused the request and subsequently terminated the Plaintiff’s employment.

For most employment lawyers, mediation will be a far more common experience than trial. For most disputes, mediation is not a step on the road to trial—it is the main event. As a result, it is critical that lawyers prepare properly for mediation and take advantage of the opportunity. Alex, a litigator with Rudner Law, composed some questions that lawyers/litigators would like to hear a mediator (Stuart) answer. Below is our Q&A (which did not actually take place in a bar).

The author summarizes the key takeaways from the November 4, 2024 OBA Labour & Employment Law Section program "How to Advise Your Labour and Employment Clients in the Artificial Intelligence Age." Topics include AI regulation, AI in hiring, and AI in termination decisions.

A mediator of employment law disputes discusses why, for mediation to be effective and efficient, it is crucial for counsel to be candid and open with their mediator.

Ontario’s courts have once again proven that serious consequences ensue for employers who do not protect their employees from harassment. In Stride v. Syra Group Holdings, the court issued an award of $125,000 in human rights damages and $50,000 in moral damages for the abusive and harsh treatment the plaintiff endured.

A recent Superior Court decision serves as a crucial reminder for employers to “think carefully before assuring complainants that their complaints can and will be kept confidential,” especially if those complaints will be used to justify a termination for cause.

Recently, the Ontario Divisional Court confirmed that incidents of harassment have to be investigated even in circumstances where there was no complaint, the harassing conduct was undertaken after working hours and away from the workplace, and the victim of the conduct did not wish to file a complaint.

While many employers are already considering, or are in the process of, taking steps to address the growing adoption and use of generative AI among their employees, important legal regulatory frameworks are also in development at both the Provincial and Federal levels. For lawyers advising employer clients grappling with generative AI in the workplace, it is increasingly important to keep an eye on the regulatory developments ahead.

This article contains excerpts from The Totally Not Fake Dictionary of Ontario Employment Law. In this new, groundbreaking work, the author aims to “tell it like it is." Readers will note that most entries contain multiple definitions drawn from real life. Pick the definition that you prefer depending on who your client is presently, and your deeply held biases.

Procedural fairness is critical to conducting appropriate workplace investigations and is a central component of ensuring objectivity and propriety in the investigation process. As illustrated in this recent Federal Court decision, a failure to ensure the procedural fairness of an investigation can be fatal to its ultimate findings – or invalidate the investigation entirely. 

In a significant decision for unionized workers in Ontario, the Divisional Court confirmed that the Human Rights Tribunal of Ontario and labour arbitrators share concurrent jurisdiction to determine employment-based human rights claims arising in unionized workplaces.

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?

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.

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