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Family Status Discrimination

Family Status Discrimination

General
Section 5 of the Ontario Human Rights Code (the “Code”) protects from discrimination and harassment in the workplace, including on the basis of family status.
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Human Rights and Discrimination in Employment Law

Human Rights and Discrimination in Employment Law

Employment Law
This article will explore what constitutes workplace discrimination, the relevant human rights legislation, the prohibited grounds of discrimination, the legal test for establishing a “prima facie” case for discrimination and some defences that are available for respondents.
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Defamation in the Workplace

Defamation in the Workplace

Employment Law
Defamation, as a legal concept, requires three things to be established on a balance of probabilities before a comment is considered defamatory.
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Duty to Accommodate in Employment Law and Undue Hardship

Duty to Accommodate in Employment Law and Undue Hardship

Employment Law
Employers have a duty to accommodate their employees. In Ontario there is legislative recognition of this duty under s.11(2), 17(2) and 24(2). The duty as stated in the Syndicat case is intended to “ensure that an employee who is able to work can do so”
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Severance Pay for Terminated Executives

Severance Pay for Terminated Executives

Severance Packages & Pay Lawyer
If you have been an employee for a company in a senior role, you may be entitled to much more substantial compensation on a without-cause termination than what your employer is currently offering you.
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Termination With and Without Cause

Termination With and Without Cause

Employment Contracts Severance Packages & Pay Lawyer
An employer does not need a good reason, or any reason at all, to terminate an employment relationship. However, the obligations of the employer and what is owed to the employee after termination depends on whether an employee was terminated “with cause” or “without cause.”
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Katz et al v Clarke: The Duty to Accommodate, Frustration of Contract and Termination

Katz et al v Clarke: The Duty to Accommodate, Frustration of Contract and Termination

Severance Packages & Pay Lawyer
The Ontario Divisional Court has upheld that the employer may terminate an employee with a disability when there is undisputed medical evidence that an employee will be unable to fulfill the essential obligations of the employment relationship for the foreseeable future and there are no accommodations that would allow the employee to work.
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Severance Pay: What is it and Who gets it?

Severance Pay: What is it and Who gets it?

Severance Packages & Pay Lawyer
What is Severance Pay? In Ontario, the term “severance pay” could refer to two different things: Common law severance pay,...
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Examples of Wrongful Dismissal

Examples of Wrongful Dismissal

General Wrongful Dismissal
Wrongful Dismissal is where an employer has dismissed an employee, but the termination breaches either the terms of the contract...
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New Law About Overtime Pay

New Law About Overtime Pay

Employment Law
Bill 66 is a new bill in Ontario that will have very real consequences for employees. In particular, there are...
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Sexual Harassment

Sexual Harassment

Sexual harassment
Sexual harassment is an unfortunately reality in today’s society, and workplaces are not immune. However, everyone has the right to...
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Largest Monetary Award for Constructively Dismissed Employee

Largest Monetary Award for Constructively Dismissed Employee

Employment Law
The Superior Court of Justice awarded $1.3 million to a constructively dismissed employee who was on a fixed-term contract. This...
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Entitlement to a Pro-Rated Bonus

Entitlement to a Pro-Rated Bonus

Employment Law
In the recent case Andros v Colliers Macaulay Nicolls Inc., 2019 ONCA 679, the Ontario Court of Appeal discusses entitlement...
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Andros v Colliers Macaulay Nicolls Inc., 2019 ONCA 679:  Interpretation of Termination Clauses

Andros v Colliers Macaulay Nicolls Inc., 2019 ONCA 679: Interpretation of Termination Clauses

Employment Law
In Andros, the Ontario Court of Appeal discussed the interpretation of a termination clause. There were discussions regarding ambiguity within...
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Confidentiality Provisions in Settlement Agreements

Confidentiality Provisions in Settlement Agreements

Employment Law
Settlement privilege applies during settlement negotiations and could potentially extend to completed settlement agreements (Sable Offshore Energy Inc. v Ameron...
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Calculating Severance Pay in Ontario 

Calculating Severance Pay in Ontario 

Severance Packages & Pay Lawyer
Being terminated from work is a stressful experience for anybody. Emotions run high as you have to figure out your...
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“Equal Pay for Equal Work” in Ontario

“Equal Pay for Equal Work” in Ontario

Severance Packages & Pay Lawyer
You may have heard the phrase “equal pay for equal work”. In Ontario, this means that an employer cannot pay...
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Terminated for Just Cause

Terminated for Just Cause

Employment Law
In Ontario, an employer can terminate an employee for “just cause”, meaning they have a legitimate reason to dismiss them...
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Keenan v. Canac

Keenan v. Canac

Employment Law
The ONCA dismissed the appeal of the Appellant (Defendant) in the case of Keenan v. Canac Kitchens, 2016 ONCA 79....
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Independent Contractor v. Employee

Independent Contractor v. Employee

employee or dependent contractor Employment Contracts
What’s the Difference? Businesses use a variety of different workers for varying purposes. Employees may be hired for indefinite or...
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Can An Employee Be Incorporated?

Can An Employee Be Incorporated?

Employment Law
What is a Personal Services Business? A person services business (PSB) is a business operating as a corporation that provides...
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Dependent Contractor v. Employees

Dependent Contractor v. Employees

employee or dependent contractor Employment Contracts
What is a Dependent Contractor? A workers relationship generally falls into one of three classifications: employee, dependent contractor or independent...
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How to Contest a Wrongful Dismissal

How to Contest a Wrongful Dismissal

Employment Law Wrongful Dismissal
Employers in Canada are bound under both federal and provincial legislation to provide reasonable notice or pay in lieu of...
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Review of most recent updates to Labour and Employment Law under BILL 66 in Ontario

Review of most recent updates to Labour and Employment Law under BILL 66 in Ontario

Employment Law
Bill 66 is a new bill that was introduced in Ontario on December 6, 2018. Its official name is the...
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Employment status: difference between EMPLOYEE and CONTRACTOR

Employment status: difference between EMPLOYEE and CONTRACTOR

employee or dependent contractor
If you have recently been terminated from your job, there is no doubt you will have questions. For example, you...
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Watch Mr. Ball making a winning argument before the entire Supreme Court of Canada​

Watch Mr. Ball making a winning argument before the entire Supreme Court of Canada​

General
​A Toronto company is inviting legal trouble with an ad specifically seeking female applicants because the job involves receptionist work,...
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Global News November. 23, 2015

Global News November. 23, 2015

General
​A Toronto company is inviting legal trouble with an ad specifically seeking female applicants because the job involves receptionist work,...
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ITWC Talks Published on July 24, 2014

ITWC Talks Published on July 24, 2014

General
Rafael Ruffolo sits down with Stacey Ball, an employment lawyer with Ball & Associates.
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