Court of Appeal Finds in Favour of Uber Drivers

We reviewed in a prior post how an arbitration clause can be potentially used by a company to require employment disputes be submitted to an arbitrator for determination as opposed to a civil court. One benefit to an employer is that such a clause may prevent class action proceedings. We then noted the case of […]

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Severance Clauses & Demands for a Release

A recent decision of the Ontario Superior Court has again reviewed the wording of the employer’s severance term in an employment agreement.[1] This issue has been discussed in a prior post. Employer Could Not Insist on a Release Apart from the issues which nullified the severance term, the Court interestingly commented upon the employer’s conduct, presuming […]

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The Time Clock on Lawsuits

Every legal claim has a time period or “limitation period” within which the claim must be filed. If this time clock is not met, the lawsuit will be dismissed. The employer need not show prejudice or some inability to defend the claim due to the passing of time. General Guide The general rule for wrongful […]

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Contracting Out of Wrongful Dismissal Awards

It is clear that an employment contract can be used by a company to “contract-out” of the common law, or judge made law, legal rights of an employee on termination of employment. The Employment Standards Act There is a fundamental rule which the company must follow to allow it to use such an argument to […]

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