Canada in Focus

Employers should prepare now for high demand of legal edibles

November 12, 2019

On October 17, 2018, the cultivation, sale, distribution and consumption of certain classes ‎‎of marijuana for recreational (i.e. non-‎medical) purposes was legalized across Canada, including fresh and dried flowers, seeds, plants and oils. Many employers have responded to the workplace concerns arising from the legalization of recreational marijuana by implementing policies that address recreational marijuana in the workplace, including with respect to possession, use, impairment and accommodation for dependency. However, just as employers are becoming…

Canada in Focus

Advance polling begins: what employers need to know before election day

By Christina Badgley & Dana F. Hooker

October 11, 2019

Advance polling for Canada’s federal election commences today, ahead of election day on Monday, October 21, 2019 (7:00 am to 7:00 pm in BC). Employers should keep in mind their obligations under the Canada Elections Act, specifically: Time off to vote Every employee who is an elector is entitled, during voting hours on polling day, to have three consecutive hours for the purpose of casting their vote and, if their hours of work do…

Canada in Focus

An employer’s guide for what NOT to do: Ruston v. Keddco Mfg. (2011) Ltd.

By Alexis Radojcic

October 7, 2019

In Ruston v. Keddco Mfg. (2011) Ltd., 2019 ONCA 125, the Ontario Court of Appeal affirmed that an employer’s improper conduct in the course of terminating an employee’s employment and during the course of the ensuing litigation warranted a $100,000 punitive damages award against the employer. The Ontario Court of Appeal upheld the $604,627.09 in damages and the $546,684.73 in substantial indemnity costs awarded to the Plaintiff. In total, Keddco Mfg. (2011) Ltd. (“Keddco”) was…

Canada in Focus

Case involving voyeuristic teacher leads to clarification of law relating to private vs. ‎public places and provides valuable lesson for employers

By Tamara Hunter & Christina Badgley

September 3, 2019

On August 27th, 2019 former Ontario school teacher Ryan Jarvis was sentenced to six months in jail and 12 months’ probation after the Supreme Court of Canada (“SCC”) convicted him of voyeurism earlier this year. Although this is a criminal decision, it is nevertheless instructive for employers as the decision clarified the law relating to private versus public places, in particular an individual’s expectation of privacy. The decision also demonstrates how workplace policies, which clearly…

Canada in Focus

‎“Times they are a-changin’” for federally regulated workplaces: significant amendments to Canada Labour ‎Code and accessibility legislation coming into effect

By Dana F. Hooker

August 30, 2019

The Federal government’s commitment to the “modernization” of employment standards applicable to federally regulated workplaces continues with the coming into force of more Canada Labour Code amendments and federal accessibility legislation. Federally regulated employers should take note. Canada Labour Code A large number of the sweeping, employee-centric changes to the Canada Labour Code enacted in late 2018 will come into effect on September 1, 2019, including amendments with respect to: (a) medical certificates and health…

Canada in Focus

Who has to prove what, when, and how? Summary judgment for wrongful dismissal in Alberta

By Malinda Yuen

August 14, 2019

After a number of open questions, Alberta Courts have continued to clarify the law of summary judgment, particularly as it applies to wrongful dismissal. In Rudichuk v. Genesis Land Development Corp, 2019 ABQB 133, the Court addresses evidence and burden of proof. The plaintiffs, Rudichuk and Scott, were executives with Genesis Land Development (“Genesis”). On termination of employment, Genesis alleged the employees had breached a non-solicitation provision contained in each of their employment agreements. The employees…

Canada in Focus

Ontario Divisional Court clarifies termination of employment contract due to frustration

By Alyssa Barbuzzi

August 6, 2019

In Katz et al. v Clarke 2019 ONSC 2188, the Ontario Divisional Court clarified an employer’s duty to accommodate an employee where there is a frustration of contract. The Divisional Court confirmed that an employer’s duty to accommodate ends when the employee is no longer able to fulfil the basic obligations associated with the employment relationship for the foreseeable future. In such circumstances, the employment contract terminates due to frustration. The facts are as follows.…

Canada in Focus

Ontario Court of Appeal provides fresh guidance on capped notice periods and post-termination bonus entitlements

By Alexis Radojcic & Titus Totan

July 31, 2019

On June 19, 2019, the Ontario Court of Appeal released its decision in Dawe v. Equitable Life Insurance ‎Company, 2019 ONCA 512 (“Dawe”), finding that:‎ only “exceptional circumstances” warrant a reasonable notice period in excess of 24 months;‎ employers can stipulate “active employment” as a precondition to the payment of bonus ‎entitlements, provided that the precondition is clearly and carefully drafted; and ‎ ‎employers must draw an employee’s attention to any precondition that purports to…

Canada in Focus

The most common mistakes made in Quebec vacation policies

By Carly Meredith

July 10, 2019

As employment counsel, we routinely work with employers to identify issues with their policies and practices as they relate to vacation (annual leave) and vacation pay under Quebec’s An act respecting labour standards (the “Act”). In this post, we identify four of the most common errors and misconceptions made by employers in order that they may review their policies and practices for compliance before taking off on their own well-deserved summer vacation. 1) Vacation must…

Canada in Focus

Canadian tax proposals target employee stock options

July 5, 2019

On June 17, 2019, Canadian Federal Finance Minister Bill Morneau released draft legislation (first announced in the Federal Budget released on March 19, 2019) that will impact on the preferential tax treatment of employee stock options. According to the Government, the policy objective for this preferential tax treatment is to help “smaller, growing companies” (such as start-ups) attract and retain talent, since these companies may not have significant profits or may have cash flow challenges…

Canada in Focus

Blog Authors

Employers should prepare now for high demand of legal edibles

Advance polling begins: what employers need to know before election day

An employer’s guide for what NOT to do: Ruston v. Keddco Mfg. (2011) Ltd.

Case involving voyeuristic teacher leads to clarification of law relating to private vs. ‎public places and provides valuable lesson for employers

‎“Times they are a-changin’” for federally regulated workplaces: significant amendments to Canada Labour ‎Code and accessibility legislation coming into effect

Who has to prove what, when, and how? Summary judgment for wrongful dismissal in Alberta

Ontario Divisional Court clarifies termination of employment contract due to frustration

Ontario Court of Appeal provides fresh guidance on capped notice periods and post-termination bonus entitlements

The most common mistakes made in Quebec vacation policies

Canadian tax proposals target employee stock options

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