Open for Business

Stringer LLP remains open for business and here to help our clients manage during these challenging times.

Unionizing Foodora - Labour Laws Adapt to the Gig Economy?

Canadian Union of Postal Workers and the couriers at mobile food ordering app, Foodora, have won an important first decision in their bid to unionize.  What does this mean for the evolution of labour laws and adaptation to the gig economy?

Recent Amendments to Rule 76 Simplified Procedure

Recent amendments to Rule 76 of the Ontariohi vph加速器下载 will help to reduce legal costs and streamline the litigation process in the province. 

A wrongful dismissal time warp – When is two years really six?

Thankfully, the Ontario Court of Appeal has confirmed that employees cannot await the conclusion of criminal proceedings to judge the strength of their wrongful dismissal claim before commencing a lawsuit against their former employers.

Looks like a Duck: ONCA Returns Telecommunications Construction to Provincial Jurisdiction

A recent Ontario Court of Appeal decision serves to remind employers that the presumption of provincial jurisdiction over labour relations will only be displaced in the clearest of cases.

Immigration Issues in M&A Transactions

When immigration issues in M & A transactions are flagged promptly, timely steps can usually be taken to avoid potentially serious consequences.

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The Human Rights Tribunal of Ontario recently awarded $101,363.16, representing four years’ lost salary, and $15,000.00 for injury to dignity, feelings and self-respect to a job applicant who was denied a position after lying about his ability to work legally in Canada on a permanent basis.  

Embracing the #MeToo Movement

#MeToo has quickly caught wind as a widespread movement that sheds light on the prevalence of sexual assault and harassment, particularly in the workplace. As a result of the movement, society’s attitudes towards workplace sexual harassment have started to change; but, has this impacted how courts and tribunals approach sexual harassment cases?

Register Now for our Annual Conference

Registration is now open for our 33rd Annual Employers' Conference.  Reserve your seat now.

No “Passing the Torch”: Only Unions and Employers (Not Grievors) May Bring Judicial Review Applications

The Divisional Court recently confirmed that employees unhappy with their union’s handling of a grievance or the result, will not be afforded the opportunity to attack an unfavorable arbitration decision by initiating judicial review proceedings.

Alleged Multi-Million Dollar Employee Benefits Fraud at Baycrest Hospital

Ryan Conlin quoted in the National Post and speaks with 快喵ⅴpn破解版 and hi vph加速器下载 re Multi-million dollar employee benefits fraud allegedly involving 150 Baycrest Hospital employees.

Frank Portman Appointed to Advocates' Society Labour and Employment Practice Group

We are pleased to announce that Frank Portman has been appointed as a member-at-large to the Advocates' Society Labour and Employment Practice Group.

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Can a Corporate Director face a Personal Injury Suit for a Workplace Accident? Alberta Court of Appeal Says Yes!

The fundamental principle of workers’ compensation across Canada is that workers who suffer an injury “in the course of employment” give up their right to sue their employer and others in tort, in exchange for access to the no fault workers’ compensation benefit system.  However, there are exceptions to this principle, which may expose uninsured workplace parties to significant liability, including directors, as a recent case from the Alberta Court of Appeal shows.

Think You Suffered Family Status Discrimination? First Things First – Were You Employed in Ontario or B.C.?

The law governing family status discrimination under human rights legislation is unsettled and varies from jurisdiction to jurisdiction.  A new decision from the British Columbia Court of Appeal only deepens this divide, which it appears only the Supreme Court of Canada may bridge.

Does Human Rights Legislation Apply to Job Ads on Facebook?

Technological advancements frequently outpace the law’s ability to respond to the challenges they create. With the click of a button, employers can now reach hundreds or even thousands of potential job applicants by posting advertisements on online platforms. But research suggests that this convenience is facilitating certain recruitment practices that may be discriminatory.

Has BC Court opened the door to more court claims of harassment?

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Employer’s Just Cause Assertion Backfires, Results in $1,000,000 in Liability

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Never Too Late: Court Rejects Employee’s Attempt to Avoid Liability for Theft

What options are available to an employer who, after signing a mutual release releasing an employee from liability, finds out that the employee embezzled a large amount of money?  A recent Ontario court case suggests that the employer may still be able to pursue the employee for the amounts wrongfully taken, as well as invalidate a severance agreement.

Mud in the Water: Divisional Court holds limiting language required to displace presumption of reasonable notice

A recent Divisional Court decision continues the trend of termination clauses being struck down and suggests that more termination clauses could be invalid than previously thought. 

Bill 66 Proposes Further Employer-Friendly Amendments to Workplace Laws

The Ontario government introduced Bill 66, Restoring Ontario's Competitiveness Act, 2018 on December 6, 2018. Bill 66 passed First Reading, and is set to bring about further employer-friendly amendments to the Employment Standards Act, 2000 (the “ESA”) and the Ontario Labour Relations Act (the “LRA”).

Reporting Bad Conduct to Regulator Defamed Ex-Employee

The Court of Appeal recently confirmed that an employer defamed an ex-employee when the employer filed a false report with an industry regulator.

The Truth Will Set You Free – A Bad Reference is Not Necessarily Defamatory

The Divisional Court recently upheld a trial decision finding that an employer did not defame a former employee when it gave him a bad reference.

Jeff Murray Certified as a Specialist in Labour Law

We are proud to announce that the Law Society of Ontario recently designated Jeff Murray as a Certified Specialist in Labour Law.

Ontario Court Confirms that Unwanted Management is not a Constructive Dismissal

A recent case from the Ontario Superior Court of Justice confirms that employers remain able to manage their workplace even when employees disagree or are unhappy with how they are managed.

Zero Tolerance Policies and Medicinal Marijuana

The Ontario Human Rights Tribunal weighs in on the legality of a “zero tolerance” policy for workplace (medicinal) marijuana consumption.

Court Disregards Release where Settlement “Unconscionable”

The Ontario Superior Court recently allowed an employee to proceed with claims against his former employer regarding long-term disability insurance, even though he had signed a release in exchange for a severance package when his employment ended. 

Ontario Court of Appeal Finds Clarity in Termination Clause

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Save the Date: 2018 Annual Employers' Conference

Mark your calendars on November 8, for our 32nd Annual Employers' Conference.

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Suspensions: Caution Required

A recent case from the Ontario Court of Appeal highlights the risks of using suspensions, particularly unpaid ones, but also provides insight as to how employers may implement them.

Superior Court Confirms that Employers can Fundamentally Change Employment Contracts with Reasonable Notice

In Lancia v. Park Dentistry, the Ontario Superior Court confirmed that employers can change the fundamental terms of an employee’s employment, without providing consideration, so long as they take appropriate steps to provide reasonable notice of the change coupled with notice that employment under current terms would terminate at the end of that notice period.

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The Ontario Superior Court recently found that sexual harassment does not necessarily “arise out of” the employment relationship, even when it is perpetrated by another employee at the workplace. As such, releases purporting to settle all claims arising out of, or in any way connected to, an employment relationship may not effectively bar subsequent sexual harassment claims. 

Unsafe on the Roads, Unsafe in the Warehouse: Workers Convicted of “Distracted” Operation

A recent case from the Ontario Court of Justice suggests that workplace policies can be a significant component in determining what constitutes unsafe conduct under the Occupational Health and Safety Act.

Court Confirms Signaling Does Not Have to Be a Worker’s Only Job

The Ontario Court of Justice was asked to determine what constitutes "not performing other work" as a signaller.

In Memory of Ted Stringer

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Then Now Next: Ontario Government To Introduce Pay Transparency Legislation

Premier Kathleen Wynne announced this morning that the Ontario government would introduce new legislation aimed at increasing pay transparency as part of a broader strategy to advance women’s economic empowerment entitled “Then Now Next: Ontario’s Strategy for Women’s Economic Empowerment”.

Shifting Sands: Ontario Court of Appeal Upholds Termination Clause

Employers, ever-weary of the next judicial pronouncement on the enforceability of specific termination clauses in employment contracts, may mark a recent decision by Ontario’s top court down on the positive side of the ledger.

Revoking Telecommute Agreement A Constructive Dismissal

The Ontario Superior Court recently found that an employee had been constructively dismissed when her employer reneged on its promise that she could work from home three days per week.

Termination Clauses: Clearly Restrictive Language Necessary for Enforceability

The Alberta Court of Appeal recently upheld a trial decision that struck a termination clause down as unenforceable.

Consideration: What’s Good for the Goose is Good for the Gander

In a unique set of circumstances, the Ontario Superior Court recently found that changes to an employment contract which benefited an employee were void because the employer did not receive consideration.

The Value of Consideration: New Employer, New Contract, New Rules

The Ontario Court of Appeal recently restored an employment termination clause that a motion judge struck down as invalid for lack of consideration.

Working Notice Inappropriate for Employees Who Cannot Work

The Ontario Superior Court recently awarded an employee on leave due to disability, damages representing the salary he would have earned had he been able to work during the working notice period set by his employer.

No Bonus Entitlement - “Active Employment” Requirement did not Violate ESA

The Ontario Court of Appeal recently denied entitlement to bonus payout to an employee who quit his job. The Court found that the language of the bonus plan, requiring “active employment” as a condition to receive a payout, did not violate the Employment Standards Act. 

Stringer LLP - Prize in Labour Law

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Change is Coming: Bill 148: Fair Workplaces, Better Jobs Act Passes Third Reading

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Ambiguity Killed the Termination Clause

The Ontario Superior Court recently struck down a termination clause in an employment agreement because of a seemingly minor ambiguity. 

Short Service Employee gets Four Months’ Pay in Lieu of Reasonable Notice

The Ontario Superior Court recently awarded four months of pay in lieu of reasonable notice to an employee with less than a year of tenure.

Preferential Treatment for Employees with Active WSIB Claims not Discriminatory

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Overtime Averaging: No Notice, No Harm, No Foul

In a recent decision, the Divisional Court refused to grant damages to a terminated employee for an employer’s failure comply with legislative requirements regarding overtime averaging. 

Court Gives Guidance as to When OHSA Prosecutions May Lead to Jail Time

A recent Ontario appeal, helps shines much needed light on the subject of when individuals may be subject to imprisonment for health and safety offences.

Court Limits Bonus Entitlement During Notice Period

So when is an employee entitled to a bonus during the reasonable notice period? 

Court of Appeal Rules on Employers’ Obligations to Protect Employees from Harassment and Violence when they are Away from the Workplace

In a recent decision, the Ontario Court of Appeal upheld a lower court’s ruling that a citizen’s harassing behaviour toward members of city council did not fall within the ambit of the Occupational Health and Safety Act because it did not occur at the "workplace". 

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It is common practice for employers to offer departing employees, who are being terminated without cause, a separation package in exchange for a signed release from liability. But if the employee rejects the package, the employer may not be allowed to rely on the offer during any subsequent litigation. 

Can a Defendant be Charged Criminally After Pleading Guilty to OHSA Charges?

A supervisor who pleaded guilty under OH&S legislation was later charged with criminal negligence causing death.  The criminal charges were recently dismissed, but the door is theoretically still open in other cases now and in the future.

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British Columbia to Reinstate Human Rights Commission

British Columbia Premier John Horgan announced earlier this month that the province will reinstate its Human Rights Commission. 

Court Comments on when Employers can ask for an Independent Medical Examination

Ontario’s Divisional Court recently confirmed that employers have a right to ask employees to undergo an Independent Medical Examination (“IME”) in certain circumstances, to facilitate the accommodation process.

Smoked Out: Employer Convicted When Employee Smokes in Truck

Do you have a policy prohibiting your employees from smoking when they drive alone in a company vehicle?  If not, you may be breaking the law

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A recent cost decision from the Ontario Superior Court of Justice suggests that employers who successfully defend themselves from a wrongful dismissal action by asserting just cause may be entitled to recoup a significant amount of their legal costs. 

Minimizing Mitigation: Court of Appeal gives employee benefit of the doubt

A recent Ontario Court of Appeal decision dealt a blow to employers’ ability to credit employee mitigation efforts and income against wrongful dismissal damages. 

Honesty is the best policy - Court of Appeal upholds dishonest employee’s dismissal for just cause

Employers are often faced with the galling choice between asserting just cause for termination, and paying potentially large sums of money to departing employees who have been caught lying, cheating, or stealing. Just cause is a very high standard. Often, instead of relying on misconduct or performance issues, employers elect to terminate problem employees without cause. 

Bad facts make bad law (for employers): Court recognizes new tort of harassment

The Ontario Superior Court recently recognized a new tort that would allow employees to sue their employers for harassment in civil court.

Mitigating by returning to work: it depends on the circumstances

When must a dismissed employee accept an offer of alternate employment with their employer? In some circumstances, employees will be obligated to accept continued employment with the company that terminated them to mitigate their losses. A recent Court of Appeal decision reminds us, however, that an employer’s offer must meet certain conditions or else the employee may refuse to accept it. 

Is it work-related? Novel workers’ compensation decisions deal with harassment and assault

It may seem fairly obvious when a worker breaks her leg “in the course of employment”. However, injuries and illnesses related to bullying and harassment have drawn significant attention in recent years, and decisions from various workers’ compensation tribunals across the country illustrate that determining the work-relatedness of such injuries is no simple task.

Private member’s Bill seeks union-favourable amendments, without waiting for the Changing Workplaces Review

Many employers include termination clauses in employment contracts to limit their liability when dismissing employees. When employers draft generous termination provisions providing for more than statutory minimums, they must follow through on that generosity when terminating employees. Failing to do so could leave employers exposed to full liability under the common law.

Generous termination clauses: Think twice before making promises

Many employers include termination clauses in employment contracts to limit their liability when dismissing employees. When employers draft generous termination provisions providing for more than statutory minimums, they must follow through on that generosity when terminating employees. Failing to do so could leave employers exposed to full liability under the common law.

May 3 - Ryan and Jeremy to Present on Marijuana in the Workplace at WSPS Conference

Ryan Conlin and Jeremy Schwartz will be speaking on May 3 at Partners in Prevention presented by the WSPS.

Using independent contractor not a “get out of jail free” card

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Constructive dismissal? A question of interpretation

Would it be a constructive dismissal to refuse to pay an employee the third of a million dollars you owe him? Perhaps not.

March 31 - Last day for early bird registration

March 31 is the last day for early bird registration at this year's Ontario Employment Law Conference.

The Accidental Termination

A recent Ontario Court of Appeal decision highlights the importance of maintaining composure – and not venting frustrations upon employees.

Addiction without compulsion: no defence to serious misconduct using the “hybrid” approach

The law on addiction has evolved over the years in arbitral jurisprudence.  Earlier decisions treated illness as a mitigating factor on penalty.  In more recent decisions, arbitrators have treated the human rights accommodation analysis as relevant to the assessment of the gravity and culpability of misconduct itself.