Simon published another article on First Reference Blog entitled “Refusing a 50 km commute not a failure to mitigate”, where he reviewed a recent Ontario Court of Appeal decision where the court held that the Plaintiff’s decision not to explore a new job that was 50 kms away from her house did not constitute a failure to mitigate. A link to the decision can be found here.
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June 9, 2016
Simon Published another article entitled “Motion for summary judgement raises questions about efficiency of pre-trial resolution” on First Reference Blog. This case explored the common issue of assessing an employee’s common law notice period at the termination of employment and the efficiencies involved in settling the matter through voluntary negotiations or pursuing the matter by…
January 23, 2015
Simon published another article on First Reference Blog on a recent court case that examined the potential liability arising from the termination of a short service employee who alleged he was bound by a 5-year fixed term contract. The case also discusses contract formation and a copy of the article can be found here.
May 19, 2017
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…
September 9, 2013
Simon contributed another article to First Reference entitled Working Notice: A Refresher. A copy of this article 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…
August 24, 2015
Simon published another article on First Reference Blog entitled “Poor drafting leads to finding of fixed term contract” about a recent B.C. Supreme Court’s finding that an employer had agreed to a 3 year fixed term contract and owed damages for the balance of the contract for the early termination of the contract. A link…