Tag: Ontario

Permanent Immigration from United States to Canada

By Gilda Villaran How can an American resident become a Canadian citizen? Only permanent residents of Canada can apply. Therefore, one must start with applying for permanent resident status. There are various ways to become a permanent resident of Canada. This article will focus on those who apply in the “economic class.” For those applying […]

Tippling in the Barrel of Untruth: How Not to Handle a Termination

By Stephen Acker and Joel Henderson Four years ago in Ottawa, the Federal Canadian Government nipped a nascent spending scandal in the bud when it fired two employees of the Canadian Department of Public Works, Douglas Tipple and David Rotor. Tipple successfully grieved his termination before the Public Service Labour Relations Board, winning the largest […]

Terminating Long-Absent Employees: ‘Frustration’ Isn’t Just a Legal Term

By Gulu Punia and Kyla Stott-Jess When an employee is absent because of long-term disability, employers naturally wonder how long they must wait before the employment contract has been “frustrated.” If it has, the employment contract can be terminated. According to the recent Ontario decision of Naccarato v. Costco Wholesale Canada Ltd., however, the question […]

Don’t Get Tangled Up in Duct Tape: Lessons for Employers

By Ida Martin and Brian Smeenk The City of Mississauga was recently embarrassed by a video of two of its employees duct-taped together. They were squirming around on a table, taped by their hands, torsos, and feet. This was apparently a routine employee hazing. It was leaked to the media by an employee who had […]

Shocking Arbitration Decision in Ontario

By Donna Gallant The latest price tag for terminating an employee based on inadequate investigation and preconceived notions of guilt is $500,000. In a searing decision, an Ontario arbitrator found that the Greater Toronto Airports Authority (GTAA) failed to take reasonable steps to ascertain the truth about an employee’s medical condition before it fired her […]

Working Notice: Is It Right for You?

By Hadiya Roderique Despite signs of a recovering economy, Canadian employers are still looking for ways to downsize operations and minimize human resources expenses. One cost-effective manner is to give working notice when terminating an employee. What is working notice? Working notice is an alternative to paying out a lump sum upon dismissal. The employee […]

Junior Employees Owe Duty of Good Faith, Too

By Stephen Acker and Ariel Thomas Canadian employment law imposes a number of legal duties on employers and employees. One of the key duties is the duty of good faith. The duty of good faith requires employers and employees to act in each other’s best interests. It begins when employment does and can last until […]

Ontario Adds to Broad Canadian Harassment/Violence Laws

By Alix Herber Canada’s two largest provinces — Ontario and Quebec — now have laws requiring employers to seek to provide workplaces free of “harassment.” No longer limited to human rights-related harassment, the term is broadly defined in these laws. Further, Ontario’s new law extends beyond harassment. It, like the federal law, also will require […]

Keays vs. Honda One Year Later: Have Canadian Courts Changed Their Approach to Punitive and Bad Faith Damages?

It has been just over a year since the Supreme Court of Canada (SCC) issued its decision in Keays v. Honda Canada Inc. (Read our analysis of the court’s decision in that case). That decision mandated a change in Canadian courts’ approach to awarding damages in employment cases. Damages for bad faith conduct by the […]

Occupational Health and Safety Law May Apply to Nonworkers

A customer is hit by a car in your parking lot and is severely injured. You call 911 and a fire truck and ambulance arrive on the scene. A police officer also interviews all witnesses. This makes sense – the customer needs medical attention and the police have to investigate the incident. Surely your obligations […]