Good Faith and Employment Contracts

In a prior post, we reviewed the appeal process in the context of “the Uber arbitration” clause which is now pending. There is another case coming before the Supreme Court of Canada shortly which will very likely have a considerable impact on the interpretation of employment contracts in Canada. The Case in Issue The case […]

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Uber Mandatory Arbitration Clause Issue Heading to SCC

In a prior post, we discussed the decision of the Ontario Court of Appeal which struck down a clause in a contract between the ride-sharing company and its drivers. This “arbitration clause” required the drivers to submit any dispute to binding arbitration in the Netherlands and hence were denied the right to sue in the […]

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Right or No Right of Lay-off?

One would expect that the issue of temporary lay-off would be straightforward. After all, Ontario’s Employment Standards Act appears to allow the employer that very right. However, an  employer’s right to carry out a temporary lay-off is actually quite complicated. The Legislation The statute allows a temporary lay-off of not more than 13 weeks in […]

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Vacation Pay

Vacation Pay Most employees in Ontario know that they are, by law, entitled to at least two weeks of vacation every year. However, not many employees realize how important the vacation provisions in the Employment Standards Act (ESA) are, including provisions related to vacation pay, and how much these provisions can impact other aspects of […]

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