Simon published another article on First Reference Blog. The article entitled “Fresh Consideration and Employment Contracts” examines two recent cases, the Ontario Court of Appeal’s decision in Holland v. Hostopia.com Inc., 2015 ONCA 762 and a recent trial decision in Gibbons v. BB Blank Inc., 2016 CanLII 44181 on how companies can make employment contracts that are offered on hiring or a promotion binding. The key is to have the employee sign the contract before commencing his/her duties and to ensure there is fresh consideration for a new contract of employment. A link to the decision can be found here.
February 15, 2017
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…
July 18, 2017
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…
July 14, 2016
Simon Published another article entitled “Ontario Court of Appeal suggest deference to trial judge in interpretation of termination clause” in First Reference Blogs about a recent Ontario Court of Appeal decision that interpreted a termination clause and whether or not the clause rebutted the presumption of common law notice and limited the employee’s entitlements to…
March 15, 2017
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…
June 25, 2015
Simon was interviewed by National Public Radio (“NPR”) in the United States for a National Radio Segment on Uber Drivers and whether they could be considered employees, dependent contractors or employees. A link to this radio segment that was broadcast on NPR’s national morning news can be found here.
July 16, 2013
Simon published another article on First Reference Blogs with respect to the Ontario Human Rights Commission new policy on removing the “Canadian Experience Barrier”. A copy of this article can be found here.