Standard Form Contracts Review Clarification Supreme Court Canada

Posted on: July 26, 2017

THE SUPREME COURT OF CANADA CLARIFIES THE STANDARD OF REVIEW FOR STANDARD FORM CONTRACTS IN LEDCOR CONSTRUCTION LTD. V. NORTHBRIDGE INDEMNITY INSURANCE CO., 2016 SCC 37. In a September 2016 decision, The Supreme Court of Canada held that Northbridge Indemnity Insurance Co. would have to pay for damages caused during window cleaning despite a clause […]

The Contractual Requirement of “Active Service” Does Not Alter or Remove An Employee’s Right to Compensation for Bonus Payments During The Reasonable Notice Period.

Posted on: December 2, 2016

The Ontario Court of Appeal recently confirmed that the contractual requirement for employees to be “actively employed” to receive their regular bonus payments or other employment benefits is not enough to displace an employee’s right to common law damages for breach of contract in wrongful termination cases. In Paquette v TeraGo Networks, 2016 ONCA 618 […]

Employers Beware: Asserting Cause for Termination When None Exists May Result in Longer Notice Periods

Posted on: September 21, 2016

In August, Justice Belobaba handed down his decision in Johar v. Best Buy Canada Ltd., 2016 ONSC 5287. []. This judgment serves as a stark reminder to employers: if you assert just cause for terminating an employee when no cause exists, you may ultimately end up on the hook for a longer notice period. The […]

Workplace Investigations Toronto – Duty of Good Faith

Posted on: August 25, 2016

The Duty of Good Faith & Workplace Investigations: Joshi v National Bank of Canada A recent decision of the Ontario Superior Court has indicated that employers may in breach of their contractual duty of good faith if they fail to provide employees with due process rights in workplace investigations. The recent decision in Joshi v […]

Police Discipline Hearings Toronto

Posted on: August 18, 2016

Higher Standard of Proof in Police Discipline Hearings While the standard of proof in criminal law is to establish facts beyond a reasonable doubt, civil courts and administrative tribunals generally require that claims be proven on a balance of probabilities.  Thanks to a recent decision of the Ontario Court of Appeal, we now know that […]

Antunes v Limen Structures Ltd, 2015 ONSC 2163: Employers beware, honesty is the best policy when making offers of employment.

Posted on: December 28, 2015

The Ontario Superior Court’s recent decision in Antunes v Limen Structures Ltd is an important caution to employers who embellish the attributes of their company or a particular position when courting future employees. This decision makes clear that the general duty of honesty in contractual performance can impact an employer’s liability for compensation in lieu […]