Online Harms Act

On February 26, 2024 Bill C63 was introduced with its goal being the enactment of the Online Harms Act (the “Act”).  The focus of the Act is protection of children online and the creation of complaint mechanisms relating to online content.  The internet, social media and online platforms have undergone significant changes over the last ...

Falsification of Expenses and Just Cause

28. February 2024 0
Just cause dismissals are viewed as the capital punishment of the employment law world and for that reason, employers have a high bar to reach before a judge will find that they have just cause to dismiss an employee.  Dishonesty is one basis that has been found to constitute just cause, although the courts have ...

Ontario Court, in Dufault case, strikes down termination without cause section for using the phrases “sole discretion” and “at any time”

26. February 2024 0
In Dufault v. The Corporation of the Township of Ignace, 2024 ONSC 1029, the Ontario Superior Court considered a new argument regarding the validity of a termination clause, in the context of a fixed term employment contract.  The employee, Ms. Dufault, started her employment with the Township in October 2021.  She accepted a new position ...

Changes to the Canada Labour Code

01. February 2024 0
Federally regulated employees will be entitled to enhanced termination notices with the coming into force of the amendments to the Canada Labour Code on February 1, 2024.  Employers are now required to provide employees in situations of individual terminations with a graduated termination noticed based on the length of the service, which is very similar ...

New Obligations under the Workers Compensation Act

04. January 2024 0
January 1, 2024 brought changes to the Workers Compensation Act (the “Act”) including a duty to cooperate and a duty to maintain employment.  These changes impose new return to work requirements on both employers and employees following an injury with the aim to better support workers to return to the job or other suitable employment ...

BC government will expand employment protections to gig workers

18. December 2023 0
On November 30, 2023, the Labour Statutes Amendment Act, 2023 received Royal Assent.  This Act will amend the Employment Standards Act and Workers Compensation Act to include “online platform workers”.  Such workers will be defined as “a person who performs prescribed work that the person accepts through an online platform”.  Such workers are intended to ...

Employee failed to mitigate by moving to another town

13. October 2023 0
Quesnelle v. Camus Hydronics Ltd., 2022 ONSC 6156 The plaintiff, Quesnelle, commenced an action alleging constructive dismissal against his former employer, the defendant, Camus Hydronics Ltd. (“Camus”).  The judge ruled that the Quesnelle had been constructively dismissed due to the removal of benefits that made up a significant part of his overall compensation.  The judge ...

Termination limited to ESA minimum, plus bonus amount  

10. October 2023 0
Background The plaintiff, Ms. Shultz, was an employee of the defendant, Cleardent. On December 29, 2021 she made a PowerPoint presentation, to the directors of Cleardent suggesting that a new role be created for her within the company. The defendant struggled to respond. The plaintiff claimed that one of the directors suggested she had resigned, ...

Harassment recognized as a tort in Alberta

03. October 2023 0
Alberta is the first Canadian jurisdiction to recognize the tort of harassment, while Ontario and British Columbia have declined to recognize the same tort.  In the recent decision Alberta Health Services v. Johnston two issues were considered.  First the issue of whether unelected public bodies could bring suits in defamation and secondly whether to recognize ...