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Employment arrangements with different kinds of compensation are common and can present a lot of questions when it comes to a termination. In this post, we will look at how the law treats commissions. Notice Pay Readers of our blog will know by now that when an employee is terminated without cause they are entitled to notice. How much notice will depend on whether or not there is a contract, the age of the employee,…
At SpringLaw we love legal tech and consequently, a few recent cost decisions have caught our eye. In both Cass v. 1410088 Ontario Inc. (“Cass”) and Drummond v. The Cadillac Fairview Corp. Ltd. (“Drummond”) justices of the Ontario Superior Court made comments about artificial intelligence and legal research. The Cass case was a slip and fall in which the defendant prevailed. The plaintiff, who was liable for costs, argued that defendant counsel fees were…
By: Hilary Page and Lisa Stam 2018 was a whirlwind of statutory changes in the employment law world, which has perhaps overshadowed the judicial developments that have taken place in courts. In today’s post, we turn to all things case law and give our picks for the top 5 employment law cases of 2018. Amberber v. IBM Canada Ltd., 2018 ONCA 571 This one is likely to make most employment lawyers top cases of…
Happy Boxing Day everyone! Holidays and vacations are interesting topics for us employment lawyers. We have blogged about Public Holidays under the Ontario Employment Standards Act, 2000 (“ESA”) and in the past. Check out our posts on this topic here. For workplaces in Ontario, governed by provincial law, there are nine Public Holidays. These are: New Year’s Day Family Day Good Friday Victoria Day Canada Day Labour Day Thanksgiving Day Christmas Day Boxing Day…
It’s Clawbies time!  We nominate the following blogs for the 2018 Canadian Law Blog Awards. Click here for more details on #Clawbies2018 and click here for a great list of Canadian Law Blogs to add to your reading list.  We blog weekly and get plenty of inspiration and wisdom from our fellow legal blogging community. There are many to choose from, but here are 3 of our favourites: 1) Macleod Law Firm’s Navigating The Employment Law Waters – https://www.macleodlawfirm.ca/employers/blog-2/ The…
The season of the office holiday party is upon us! In addition to merriment, this time of year can bring a lot of risk for employers. A new risk this year comes in the form of Prime Minister Trudeau’s legal recreational cannabis and Premier Ford’s relaxed consumption laws. In addition to monitoring intoxication levels from alcohol consumption, employers will now be tasked with monitoring for the added risk of impairment created by cannabis. Employees can…
Throughout the year we have been blogging on the progress of Bill 203, Ontario’s Pay Transparency Act, 2018 (the Act). Check out our posts discussing the Act here and here. As of our last post in May 2018, this Act was set to come into force on January 1, 2019. Well, in the spirit of keeping things interesting, the Ford government has decided that that is not to be. Bill 57 Bill
Pre-employment police record checks have become common in our information-obsessed society. This is where the employer requires a job candidate to pass a police record check as a condition of being hired. The Police Record Checks Reform Act  (the “Act”) was designed to standardize why and when these record checks can be obtained, as opposed to leaving it up to individual police forces to figure out. As of November 1, 2018, new requirements regarding pre-employment…
Bill 47, the Ford government’s Making Ontario Open for Business Act has passed. One big change the bill makes is to the much discussed (and much used) Bill 148 amendment regarding Personal Emergency Leave. This amendment will come into force on January 1, 2019. For historical purposes, you can read all about the Bill 148 version of Personal Emergency Leave on our blog here. Under the Bill 47 version of the Employment Standards
This was the question asked in English v. Manulife Financial Corporation, 2018 ONSC 5135 (English). In this case, English, a 66-year-old employee decided to retired when her employer, Manulife Financial Corporation, announced in 2015 that they would be converting their technology and employees would be required to learn a new system. She made this decision on her own and voluntarily. English presented her resignation letter to her boss on September 22, 2016, which stated that…