SCC Denies Leave to Appeal from Ontario Decision Voiding More Employment Termination Clauses
In Ontario, one invalid termination clause in an employment contract will now render all of the contract’s termination provisions void.
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employment law
Modern Cleaning Concept v Comité Paritaire: Franchisee, Employee or Both?
Can franchisees be legally considered employees of a franchisor? Prior to Modern Cleaning Concept v Comité Paritaire, 2019 SCC 28 [Modern Cleaning], we may have thought this possibility would be precluded by the business-to-business quality inherent to a franchise. However, in Modern Cleaning, the Supreme Court of Canada (“Court” or “SCC”) interprets Québec legislation to […]
West Fraser Mills Ltd. v BC (Workers’ Compensation Appeal Tribunal) : Recognizing the Complexities of Workplace Safety
Courts have forever grappled with defining the legal scope of liability between various parties in society. The Supreme Court of Canada (“SCC” or the “Court”) released a decision in West Fraser Mills Ltd v BC (Workers’ Compensation Appeal Tribunal), 2018 SCC 22 [West Fraser], which upheld a claim of workers compensation against a non-employer.
Models Needed: Reviewing Prostitution Laws Since Canada v. Bedford
Nearly three years after the Supreme Court (“the Court”) issued its ground-breaking judgment in Canada (Attorney General) v. Bedford, 2013 SCC 72 [Bedford] and two years since the federal government passed Bill C-36, the Canadian polity remains mired in philosophic, moral, and political debate surrounding the acceptability of sex work. The Protection of Communities and […]
Employment Contract Can Be Unenforceable Even If It Complies with the ESA for the particular employee in the particular circumstances
In the recent decision in Garreton v Complete Innovations Inc., 2016 ONSC 1178 [Garreton], the Ontario Superior Court of Justice disagreed with the recent line of reasoning that the contract of employment, particularly the termination provision must conform to provincial employment standards legislation for the "particular employee, in the particular circumstances." Instead, the Divisional Court upheld […]
Employer is Entitled to Dismiss a Probationary Employee Without Notice and Without Giving Reasons
A recent decision of the Divisional Court in Nagribianko v Select Wine Merchants Ltd., 2016 ONSC 490 [Nagribianko v Select], appears to be somewhat of a set back to the evolving policy of the common law to provide greater fairness to those who are working toward becoming permanent employees. The Divisional Court held that during […]
Keenan v Canac Kitchens: A Victory for Precarious Workers in Ontario
Being laid off close to the age of retirement can be quite a devastating experience. It is all the more devastating when you have worked for the same company for three decades and your skills may not reflect current job market needs. Add to this the fact that, because of your employment contract, you are […]
Eligibility for Full Pension is Not a Relevant Factor in Calculating Termination Notice Entitlement: Ontario Court of Appeal Rules
In Arnone v Best Theratronics Ltd, 2015 ONCA 63 [Arnone], the Ontario Court of Appeal revisited the issue of damages calculation in wrongful dismissal cases. The decision confirms that courts must continue to apply the analysis from Bardal v The Globe and Mail, 24 DLR (2d) 140 (Ont HC) [Bardal] to determine what constitutes reasonable notice […]
Remedy Drug Store Co Inc v Farnham: Repudiation is a Particularly Exceptional Remedy
Introduction Remedy Drug Store Co Inc v Farnham, 2015 ONCA 576, is centered on a dispute over whether the parties reached a settlement agreement arising out of the breakdown of an employment relationship. The Ontario Court of Appeal reaffirmed its attitude to settlements: "it is in everyone's interest that litigation be concluded by the parties' […]