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Canada Labor Law Violations Employment Standards Act

Stikeman Elliott LLP

Ontario Updates: New Fines for ESA Contraventions, and Working for Workers Five Act (Bill 190) Proposed

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On May 6, 2024, the Ontario Government introduced Bill 190, the Working for Workers Five Act, 2024 (“Bill 190”), which, if passed, will provide new protections for workers, the key details of which are summarized below. The...more

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

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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

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Surreptitious Recording of Conversations with Colleagues May Justify Termination of Employment for Cause in British Columbia,...

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In Shalagin v. Mercer Celgar Limited Partnership, 2022 BCSC 112 (Mercer), the Supreme Court of British Columbia dismissed an employee’s wrongful dismissal claim and held that his surreptitious recording of conversations with...more

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Successful Dismissal for Delay Under the Class Proceedings Act: Ontario Court Examines New Automatic Dismissal Provision

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In Bourque v Insight Productions, 2022 ONSC 174, the Ontario Superior Court of Justice (the “Court”) dismissed a proposed class proceeding for delay. The decision is noteworthy as it’s the first reported decision that...more

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

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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

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