Can Ministry of Labour Inspectors or Officers (i.e. lay-people) offer opinion evidence? Brief Answer: Yes (probably). Introduction: In R. v. …
Sabotage: Inducing Breach of Contract in Employment
If a party, like a former employer, suggests to another to fire a certain employee, the party who tattled on …
Is Discipline Due Diligence?
In an Occupational Health and Act (“OHSA”) prosecution, the best defense is “due diligence”. In that regard, courts have held that …
Are construction employees entitled to notice of termination?
Construction employees are not entitled to termination or severance pay under the Employment Standards Act (the “Act”). Section 1 of Ontario …
Record of Employment Codes
March 25 Update: In light of the COVID-19 pandemic, the Canadian government has proposed legislation to establish a new kind …
Low Punitive Damages Awarded At Trial
In Budge v Dickie Moore Rental Inc, 2017 CanLII 468 (ON SCSM), the Ottawa Small Claims Court considered the right …
$25,000 Reasons to Mitigate your Damages
This case demonstrates the old idiom – don’t go throwing good money at bad. Here, in the recent case from the …
Are legal costs determined on an issue by issue basis?
It is well known that the losing party to a wrongful dismissal lawsuit must pay a portion of the successful party’s …
What Should I do if my Employer Stopped Paying me?
Last week, a potential client called and told me they hadn’t been paid in several months. They were employed by …
When its not clear an Employee has Resigned
When is a Resignation a Resignation? A resignation is only enforceable if an employer, who should have doubted an employee’s …