A recent decision of the Ontario Court of Appeal (ONCA) has provided clarity in the debate over the validity of termination clauses in employment contracts that are silent on continuation of benefits through the statutory notice period.…

New legislation aimed at addressing sexual violence and harassment in Ontario received Royal Assent on March 8, 2016. The Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015 (the “Act”) is part of the Ontario government’s action plan to stop sexual violence and harassment. The Act was first introduced by the Ontario Legislature as Bill 132 on October 27, 2015. Click here for a link to our earlier blog post…

On January 11, 2016, the Supreme Court of the United States (“SCOTUS“) heard oral arguments in Freidrichs v California Teachers Association. If questions from the bench are any indication of the Court’s perspective on the matter, public sector unions in the United States may be in trouble. Freidrichs considers whether California State law requiring non-union members to pay “agency fees” violates the first amendment right to freedom of speech. Agency fees are charged to cover the cost…

In this series, we have explored the costs and benefits of incorporating arbitration clauses into employment agreements, the enforceability of such clauses, and issues to consider when drafting. Let’s say you resolve a dispute under an arbitration agreement and the arbitrator has granted an award. Now what? In this post, we discuss the options for enforcing and challenging an arbitral award in Canadian courts. While we focus on enforcement and challenge of…

On October 27, 2015, the Ontario Government introduced legislation as part of its action plan to stop sexual violence and harassment. Bill 132, An Act to amend various statutes with respect to sexual violence, sexual harassment, domestic violence and related matters, presents changes to various statutes, aimed at making workplaces, university campuses, and communities safer, while recognizing the needs of survivors of sexual violence and harassment. Below are the key proposed amendments affecting employers.…