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British Columbia, Canada Appeal Court Rejects Employer’s Frustration Defence in Circumstances Connected to COVID-19

In Aldergrove Duty Free Shop Ltd. v. MacCallum, 2024 BCCA 28, the Court of Appeal for British Columbia (BCCA) dismissed an employer’s appeal when it agreed with the lower court that the employer could not use the frustration...more

Ontario, Canada Court Decides Wrongfully Dismissed Employee’s Rejection of Offer of Comparable Employment Amounts to Failure to...

In Gannon v. Kinsdale Carriers, 2024 ONSC 1060, the Ontario Superior Court of Justice denied common law reasonable notice to an employee who was wrongfully dismissed from her employment on the basis that she failed to...more

20 Key Developments in Canadian Labour and Employment Law in 2023

In 2023, Canada saw significant statutory and case law developments in labour and employment law. This Insight provides an overview of notable 2023 developments, with links to more detailed articles and commentary....more

Ontario, Canada Introduces Bill 79, Working for Workers Act, 2023 for First Reading

On March 20, 2023, Ontario introduced Bill 79, Working for Workers Act, 2023 for First Reading. Bill 79 contains amendments to the province’s Employment Standards Act, 2000 (ESA), Occupational Health and Safety Act (OHSA),...more

Alberta, Canada Court of Appeal Decides CERB Payments Should Not Be Deducted from Damages for Wrongful Dismissal

The Alberta Court of Appeal (ABCA) recently addressed an increasingly common question—whether financial support provided under the Canadian Emergency Response Benefit (CERB) program to workers directly affected by COVID-19...more

25 Key Developments in Canadian Labour and Employment Law in 2022

In 2022, Canada saw significant statutory and case law developments in labour and employment law, some of which related to COVID-19. This Insight provides an overview of key 2022 developments, with links to more detailed...more

Alberta, Canada’s Human Rights Tribunal Awards $50,000 to Employee Whose Employment Was Terminated After Claiming Sexual...

In McCharles v Jaco Line Contractors Ltd., 2022 AHRC 115, an employee alleged that her employer discriminated against her on the basis of gender contrary to the Alberta Human Rights Act (AHRA) when it terminated her...more

Ontario, Canada Court of Appeal Sets Aside Judgment Reducing Employee’s Reasonable Notice Period for Failure to Mitigate

In Lake v. La Presse, 2022 ONCA 742, the only issue on appeal was whether the lower court erred in reducing the employee’s wrongful dismissal damages for failure to mitigate. The Ontario Court of Appeal (OCA) set aside the...more

Ontario, Canada Court Determines Plaintiff Employee (Not Independent Contractor) Wrongfully Terminated by Common Employers

In a wrongful dismissal action against four corporate defendants that were part of a family business, the plaintiff claimed the defendants were common employers, that he was their employee prior to his dismissal, and was...more

Alberta Court of Appeal Finds Employee Must Express Lack of Consent to Employer’s Unilateral Reduction of Compensation Quickly to...

Kosteckyj v Paramount Resources Ltd, 2022 ABCA 230 is an important Alberta Court of Appeal (ABCA) decision relating to constructive dismissal, as it assesses the timing of an employee’s objection to an employer’s unilateral...more

Alberta, Canada: Court Uses Oppression Remedy to Hold Corporate Directors Personally Liable for Wrongful Dismissal Damages

In Wisser v CEM International Management Consultants Ltd, 2022 ABQB 414 (CEM International), the court used the oppression remedy to hold directors of a corporation personally liable for damages for wrongful dismissal after...more

Ontario, Canada: Availability of Deemed IDEL Ended on July 30, 2022 But Unpaid and Paid IDEL Still Available to Eligible Employees

Deemed IDEL No Longer Available - In May of 2020, Ontario filed O. Reg. 228/20, which provided that a non-unionized employee who did not perform their job duties during the “COVID-19 period” because their work hours were...more

Alberta Court of Appeal Decides Employees Entitled to Common Law Reasonable Notice Because Termination Clause Ambiguous

In Bryant v Parkland School Division, 2022 ABCA 220, the Court of Appeal for Alberta (ABCA) allowed an appeal from a summary dismissal by the Court of Queen’s Bench of Alberta (ABQB) in Bryant v Parkland School Division, 2021...more

Ontario: Requirements for Mandatory Policies,Training, Postings and Information Sheets - (For Employers with Ontario Employees...

The poster is prepared by the Minister of Labour to help ensure employers understand their minimum obligations and employees know their rights. ...more

Ontario, Canada Court Applies the Rule in Waksdale and Provides Insight on Calculating Reasonable Notice Damages

A recent wrongful dismissal opinion from the Ontario Superior Court of Justice weighed the impact of the pandemic and alleged failure to mitigate when deciding how much reasonable notice damages were owed the plaintiff. In...more

Ontario, Canada Appeal Court Decides Employment Not Continuous for Purposes of Reasonable Notice Calculation for Employee...

In Antchipalovskaia v. Guestlogix Inc., 2022 ONCA 454, the employer appealed a decision that the employee was entitled to 12 months’ notice for her dismissal without cause, which was based in part on a finding that she was...more

Alberta, Canada Human Rights Tribunal Reminds Employees They Have Duties in the Workplace Accommodation Process

In Zupcic v Saputo Foods Limited, 2022 AHRC 13 (Saputo), the Human Rights Tribunal of Alberta (Tribunal) dismissed an employee’s complaint that that she was discriminated against in employment on the ground of her physical...more

Alberta, Canada Court Deducts CERB Payments from Substantial Reasonable Notice Award to Long-term Employee

In Oostlander v Cervus Equipment Corporation, 2022 ABQB 200, the Court of Queen’s Bench of Alberta awarded 24 months’ pay in lieu of reasonable notice to a long-term heavy duty mechanic, less mitigation income. The court also...more

Alberta, Canada: Arbitrator Decides COVID-19 Pandemic is Cataclysmic Event that Did Not Trigger Entitlement to Severance Under...

In United Utility Workers’ Association of Canada v Dataco Utility Services Ltd., 2022 CanLII 13414 (AB GAA), Arbitrator John Moreau, Q.C., dismissed 11 grievances filed on behalf of 11 service technicians (Grievors) of Dataco...more

Ontario, Canada Court Concludes Secondment Agreement Was Not a Fixed-term Employment Agreement

In Nader v. University Health Network, 2022 ONSC 447, the court examined the language of a secondment agreement and concluded that the plaintiff-employee was not a fixed-term employee of the organization to which he was...more

Ontario, Canada: Working for Workers Act, 2022 Introduced and Carried at First Reading

On the heels of the passage of the Working for Workers Act, 2021, Ontario introduced Bill 88, Working for Workers Act, 2022 (Bill 88) on February 28, 2022, and carried it at First Reading....more

Ontario, Canada Court Confirms Working for Workers Act, 2021 Does Not Void Non-compete Agreements Entered into Prior to October...

Ontario’s Bill 27, Working for Workers Act, 2021 (Act), became law on December 2, 2021. Among other things, the Act amends the Employment Standards Act, 2000 to prohibit employers and prospective employers from entering into...more

24 Key Developments in Canadian Labour and Employment Law in 2021

In 2021, Canada saw significant statutory and case law developments in labour and employment law, some of which related to COVID-19.  This Insight provides an overview of key 2021 developments, with links to more detailed...more

Ontario, Canada Court Awards Employee $25,000 in Moral/Aggravated Damages Because Employer Breached Duty of Good Faith and Fair...

In Russell v. The Brick Warehouse LP, 2021 ONSC 4822 (The Brick Warehouse), on a motion for summary judgment in a wrongful dismissal action, the court awarded $25,000 in moral/aggravated damages because the employer breached...more

Ontario, Canada Court Decides Employees Laid Off During COVID-19 May Not Claim Constructive Dismissal at Common Law

Just six weeks after holding in Coutinho v. Ocular Health Centre Ltd. that Ontario Regulation 228/20 (IDEL Regulation) under the Employment Standards Act, 2000 (ESA) did not remove an employee’s common law right to claim...more

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