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 asset sale an offer of new employment by the purchaser of an existing employee is consideration for entering into a new employment contract. A link to this blog post can be found here.
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December 2018
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…
February 14, 2014
Simon published an article entitled OHRT rules the “flu” is not a “disability” attracting the protection of the Human Rights Code. A copy of the article can be found here.
September 18, 2015
Simon published another article on First Reference Blog exploring a recent Human Rights Tribunal of Ontario case where a small farm terminated two employees who wanted to take a day off work for a religious observance. The article entitled, “HRTO concludes teenage Mennonites discriminated against when fired for observing a religious holiday” can be found…
March 17, 2016
Simon published another article to First Reference entitled: Ontario Human Rights Commission released updated policy on “preventing discrimination based on Creed”. This article explores the Ontario Human Rights Commission’s recent 173 page report that offers guidance on how businesses and employers can avoid committing discrimination on the basis of creed. It is timely given the…
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…
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…