The Ontario Court of Appeal recently addressed the issue of when replacement benefit coverage and a bonus were payable as part of an award of damages in a wrongful dismissal action. The case of Singer v. Nordstrong Equipment Limited 2018 ONCA 364 is a useful reminder of the key legal principles. This case is a…
Simon published a blog post exploring the Ontario Court of Appeal’s recent decision in Brake v. PJ-M2R Restaurant Inc. (2017) ONCA 402. This case comment examines the Ontario Court of Appeal’s most recent decision on the issue of mitigation in wrongful dismissal. Typically, when an employee is terminated by his/her employer, he/she has a positive…
Simon published another article on First Reference Blog entitled “What are the “exceptions” to the equal pay provisions of the Employment Standards Act”. In this article, Simon reviewed amendments to the Ontario Employment Standards Act, 2000 brought about by Bill 148 to include an obligation for “equal pay for equal work” irrespective of an individual’s…
Simon published another article on First Reference Blog entitled “5 Employment Law Predictions for 2018”. In this article, Simon explored: (1) the increase in sexual harassment cases brought about, in part, by the “me too” movement; (2) the amendments to the Employment Standards Act, 2000 brought about by Bill 148 and in particular the equal…
Simon published another article on First Reference Blog entitled “Ontario Court of Appeal confirms offer of employment is consideration after an asset sale”. This blog post explores the recent decision of Krishnamoorthy v. Olympus Canada Inc., 2017 ONCA 873 whereby the Ontario Court of Appeal held that when a company is sold by way of…
Simon published another article on First Reference Blog entitled “Pregnant temporary worker files human rights complaint after termination”. This article explored the issues involved when temporary employees who are hired for short term specific tasks file complaints against the companies that have retained them. In this case, the employer was alleged to have terminated the…
Simon wrote another article on First Reference entitled “Divisional Court confirms Human Rights Code provides statutory authority to demand an Independent Medical Exam”. This blog explores the recent Ontario Divisional Court decision in Bottiglia v. Ottawa Catholic School Board 2017 ONSC 2417 where the court held that an employer could demand an Independent Medical Exam…
Simon wrote another article on First Reference entitled “Ontario considers big changes to Employment Standards Act and Labour Relations Act”. This blog considers a recent independent report commissioned by the Provincial Government to examine changes to both the Ontario Employment Standards Act, 2000 and the Labour Relations Act. A link to this blog can be…
Simon published another article on First Reference Blog entitled “Employee’s age justifies wrongful dismissal damages of 24 months”. This post explores the recent court decision in Stephanie Ozorio v Canadian Hearing Society, 2016 ONSC 5440 where the court held that the employees age of 60 and the difficulty she would face competing with younger individuals…
Simon published another article on First Reference Blog entitled, “Requesting background checks after employment starts”. In this blog post, Simon discusses the recent Ontario Superior Court decision in Covenoho v. Pendylum Inc., 2016 ONSC 4969 which held that it was not unlawful for an employer to request a criminal background check from an employee after…