Latest Articles

The information contained below is not legal advice and is for informational purposes only.

Legal Review of Remote Work Agreements

I was hired as a remote worker. Do I have to start working from the office?

Employers generally have the right to decide whether employees work in-office or remotely. However, in some cases, an employer’s unilateral and fundamental change to an employee’s terms

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Gavel and legal documents on a table

Court Awards Human Rights Damages of $125,000 in Workplace Sexual Harassment Case

In Stride v. Syra Group et al., 2024 ONSC 2169, the Plaintiff, Stride, was an employee of Syra Group Holdings (“Syra”). She brought an action for wrongful dismissal and breach of the Human Rights Code. Syra is an Ontario Corporation that owns several apartment buildings in the GTA.

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Legal Consultation on Parental and Medical Leave Rights

Ontario Introduces Working for Workers Bill 6

Ontario has recently introduced new legislation which seeks to amend leave provisions under the Employment Standards Act, 2000 (“ESA”). For example, the proposed Bill seeks to amend the ESA to provide up to 16 weeks of unpaid leave where there is a placement of a child “into an employee’s custody, care and control for the first time for the purposes of adoption”…

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Legal Consultation on Parental and Medical Leave Rights

HRTO Dismisses Sexual Harassment Claim because it was Brought 19 Years after the Alleged Sexual Misconduct Occurred

In Ontario, there is a limitation period for civil legal matters. The Ontario Limitations Act 2002 provides that legal claims of a civil nature must be brought within a two-year period. In 2016 however, the Limitations Act was amended such that sexual assault claims…

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Wrongful-Dismissal

Exceptional Circumstances lead to Wrongful Dismissal Award of 27 Months

In Milwid v. IBM Canada Ltd. the Ontario Court of Appeal upheld a decision in which an employee was awarded 27 months’ notice for wrongful dismissal. This is a notable decision, as the Court confirmed that exceptional circumstances justified an award greater than the usual cap of 24 months.  ….

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Recognize-Harassment

Alberta Courts Recognize Harassment as an Independent Cause of Action

In Alberta Health Services v. Johnston, 2023 ABKB 209, the Court recognized harassment as an independent cause of action. Now Albertans who have been subject to harassment are able to bring a civil action against their harassers. 

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Backpay-and-Recall

Alberta Court Rules That Refusal to Return to Work Did Not Constitute a Failure to Mitigate Loss of Employment

In recent appeal decision, Northern Air Charter (PR) Inc v Dunbar, 2023 ABKB 171, released by the Court of King’s Bench of Alberta, Justice A. Woolley upheld a trial judge’s decision to award the plaintiff wrongful dismissal damages. Contrary to Northern Air’s assertion, Dunbar was not laid off but instead terminated. Northern Air’s attempt to recall him to work and Mr. Dunbar’s refusal did not constitute a failure to mitigate in the circumstances. 

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Forced-Unpaid-Leave-for-Refusing-to-Comply-with-Mandatory-Vaccination-Policy-is-Not-a-Constructive-Dismissal

BC Court: Forced Unpaid Leave for Refusing to Comply with Mandatory Vaccination Policy is Not a Constructive Dismissal

Recently the British Columbia Supreme Court ruled on the reasonability of an unpaid leave of absence for failing to comply with a mandatory vaccination policy. In Parmar v. Tribe Management Inc., 2022 BCSC 1675, the employee, Ms. Parmar had reservations about vaccination and did not qualify for an exemption (medical or religious). In December 2021 the employer placed her on an unpaid leave of absence for approximately 3 months. Parmar did not agree and demanded reinstatement, or she would treat the unpaid leave as a

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Alberta-Court-of-Appeal

Alberta Court of Appeal: Employees Must Act Promptly in Order to Assert a Constructive Dismissal

Constructive dismissal claims typically arise when an employer makes a unilateral and fundamental change to the employment relationship, for example, a material pay cut or demotion.

An employee who refuses the change may resign and pursue constructive dismissal damages. However
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Are You Under A Workplace Investigation? Tips From An Employment Lawyer

If you are under workplace investigation, be aware that how you handle yourself in that investigation can have significant consequences for your job and your career. These tips are to provide you with some helpful dos and don’ts in handling a workplace investigation.

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Constructive Dismissal & COVID-19 Regulations: Uncertainty Remains

As Canadian communities and businesses continue to grapple with the effects of the Covid-19 pandemic, uncertainty remains about the impact of Ontario’s Infectious Disease Emergency Leave (IDEL) regulations on constructive dismissal claims.

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Can I Collect EI On A Temporary Layoff?

The economic upheaval that began with the arrival of COVID-19 has raised important questions about job security and employment insurance benefits for many Canadians. With the onset of the pandemic, temporary layoffs and job losses arrived quickly, which affected thousands of Canadian households.

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Don’t Want To Go Back To Work At The Office? That Makes You Part Of The Majority

When the pandemic hit, the demands at work changed overnight. What will change when the pandemic is finally behind us? Prior to 2020, few could have imagined how quickly, and how dramatically, a global event could upend our traditional way of doing things, especially when it comes to office life.

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How To Calculate Termination Pay And Severance Pay In Ontario

In Ontario, when employees lose their jobs, they often aren’t sure how much compensation they are entitled to receive from their former employer. Because such events happen so rarely in a person’s career, it is unsurprising that most people aren’t familiar with the laws surrounding severance pay, termination pay and adequate notice for termination of employment.

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The Pandemic-Related Temporary Layoff: Ontario Employees And Their Legal Options

Since the onset of the pandemic, employers across Ontario have been forced to institute temporary layoffs for extended periods. In many cases, employees have been temporarily laid off for several months with no clear or immediate end date in sight.

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How Much Is An Employment Lawyer?

When you’re in need of assistance, it’s always best practice to consult a professional. If you have an issue with the law related to an employment issue, it is generally wise to consult with an employment lawyer.

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Wrongful Dismissal Lawsuits In Ontario: Changes Are Coming

Secretly Recorded Conversations In The Workplace

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