Update on Termination Clauses from the Court of Appeal

Termination clauses or notice provisions in employment agreements are an area of employment law that continues to develop at a rapid pace.  These provisions attempt to limit the amount of notice, or pay in lieu thereof, that an employee might be entitled to upon dismissal.  My previous article on this topic can be found here. … Continue reading Update on Termination Clauses from the Court of Appeal

What Am I Entitled To In A Wrongful Dismissal Claim?

Most of the time, when a client comes to see me about a wrongful dismissal, the client tells me, "I only want what I am entitled to."  However, most of the time, the client does not really know what he or she is entitled to in damages or compensation.  The Court of Appeal's decision in … Continue reading What Am I Entitled To In A Wrongful Dismissal Claim?

Publicly Placing A Person In False Light

The COVID-19 pandemic forced millions across the province to work or study from home.  In order to use videoconferencing or virtual classrooms, a stable internet connection is needed.  While the internet has become an indispensable tool for most Ontarians, we are all well-aware of how it can also be used to harm others. The law … Continue reading Publicly Placing A Person In False Light

COVID-19: Legislative Changes to Constructive Dismissal

As of May 29, 2020, the Ontario government has altered the law on constructive dismissal. In Farber v. Royal Trust Co., the Supreme Court of Canada describes a constructive dismissal as “a fundamental or substantial change to an employee’s contract of employment.” In its subsequent decision in Potter v. New Brunswick Legal Aid Services, the Supreme Court further explains … Continue reading COVID-19: Legislative Changes to Constructive Dismissal

How Long Can I Wait To Look For A New Job?

Every employee suing for wrongful or constructive dismissal is required to mitigate his or her losses by taking reasonable steps to search for new work. This duty to mitigate is a topic that I have written about on several occasions.  You can find links to these articles here and here. A question that I am … Continue reading How Long Can I Wait To Look For A New Job?

COVID-19 Response

Despite these unprecedented and challenging times, we want to assure you that, as an essential service, our office remains open to serve you.To respond to your needs, we are available by phone (905-427-4077 x29), e-mail (jrobles@reillyandpartners.com), as well as videoconference (Zoom and WebEx). As part of our efforts to practice social or physical distancing and help stop the … Continue reading COVID-19 Response

Update: Can I Change My Mind After I Quit?

Last year, I wrote about an Ontario Superior Court of Justice decision that dealt with the issue as to whether or not an employee can rescind a resignation. A link to that decision can be found here. The Court of Appeal recently reversed that lower court decision in English v. Manulife Financial Corporation. The following … Continue reading Update: Can I Change My Mind After I Quit?

Revisiting the Tort of Harassment

In a previous article, I wrote about the development of the tort of harassment. A link to this article can be found here. However, earlier this year, the Court of Appeal reversed the lower court's decision and concluded that there is no basis at this time to recognize a new cause of action based on harassment. … Continue reading Revisiting the Tort of Harassment

Can You Sue Your Former Employer For Giving A Negative Reference?

It is less and less common for an employee to spend his entire working career with one employer. In order to build a more impressive resumé and develop a greater skill set, it is not uncommon to find employees spending several years with one employer, then moving on to other opportunities, and repeating the process … Continue reading Can You Sue Your Former Employer For Giving A Negative Reference?

Can I Change My Mind After I Quit?

People quit or resign from their jobs for a variety of reasons.  Some decide to do so after careful consideration of the advantages and disadvantages.  For example, some leave their job for another position with a different employer.  Others decide to resign on the spur of the moment, and sometimes in the heat of the … Continue reading Can I Change My Mind After I Quit?