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Wednesday, January 22, 2020 @ 12:02 PM

Key employment law cases in 2019 briefcasesm2.jpg

With 2019 firmly behind us, we have reviewed the top cases of 2019 and narrowed our selection to five cases. In the first part of this two-part series, we discussed constructive dismissal in Morningstar v. Hospitality Fallsview Holdings Inc. 2019 ONWSIAT 2324 and the definition of dependent contractors in Thurston v. Ontario (Children’s Lawyer) 2019 ONCA 640. What follows are the remaining three cases. ... [read more]

Wednesday, January 22, 2020 @ 10:42 AM

Who’s afraid of big bad U.S. immigration policies? wolf_closeup_sm

The U.S. system of immigration is, right now, a story of well-intentioned players and the wolf lurking in the woods. While the media loves to focus on asylum and refugee issues, the impact of shifting U.S. immigration policies on businesses is being largely ignored on the pages of history. It’s a dangerous oversight, and one that will likely come back to bite the U.S. if policymakers are not savvy enough to see that their policies might devour what they love most — economic success and the country’s position as the home of some of the most successful businesses in the world. ... [read more]

Wednesday, January 22, 2020 @ 8:29 AM

Ahead of the game: Singapore considers international arbitration appeals Singapore_skyline_sm

Speed and finality are touted as major benefits of arbitration as a method of resolving international commercial disputes. Provided the process is considered to be fair, parties are generally expected to assume the risk of an arbitrator making a mistake on the facts or the law. ... [read more]

Tuesday, January 21, 2020 @ 12:27 PM

No clarity on early termination of fixed-term contracts | Stuart Rudner

An individual is hired to work for a company for a period of one year, perhaps as a replacement for someone on pregnancy/parental leave. Six months later, the company decides that it no longer needs them, perhaps because the employee on leave has decided to return early. If the company terminates the contract, how much notice or pay in lieu is the employee entitled to? And does the plaintiff have a duty to mitigate? We often say “it depends” but in this case, the answer may depend on where you are in the country. ... [read more]

Monday, January 20, 2020 @ 11:05 AM

Saucy tweet results in for cause termination of employee ouchtweet

Fastenal Canada terminated B.C. employee Hussien Mehaidi for expressing his outrage on Twitter for the company’s Christmas gift of Gets Sauced BBQ sauce and a company branded wooden scraper. ... [read more]

Monday, January 20, 2020 @ 9:41 AM - Last Updated: Tuesday, January 21, 2020 @ 11:15 AM

Supreme Court of Canada hits record low 40% unanimity rate in 2019; many appeals came from Quebec TLD Exclusive

The Supreme Court of Canada divided on the outcomes of appeals in 60 per cent of the cases it decided in 2019, and spoke with one voice in just one-third of its appeal judgments — a record low unanimity rate in at least 30 years, an analysis by The Lawyer’s Daily discloses. ... [read more]

Monday, January 20, 2020 @ 8:36 AM

Statutory damages in franchise disputes scales_money_sm

Statutory damages under provincial franchise legislation provide for rescission reimbursement, damages caused by misrepresentation or failure to comply with disclosure obligations, damages for breach of the duty of fair dealing and damages for breach of the right to associate. ... [read more]

Friday, January 17, 2020 @ 1:04 PM

Top Ontario employment law cases of 2019 briefcase

Last year was a year full of changes in employment law. Aside from the many legislative changes on both the provincial and federal fronts, our courts (and some administrative tribunals) created new law, affirmed existing legal concepts and overturned others. With 2019 firmly behind us, we reviewed the top cases of 2019 and narrowed our selection of the top five cases to the following, in no particular order of importance. Two cases will be addressed in this first part of a two-part series, three others in part two. ... [read more]

Friday, January 17, 2020 @ 9:12 AM

Church constitution, bylaws establish contract with congregants, court rules Anthony Colangelo sm

The Ontario Court of Appeal has allowed the appeal of congregants who were expelled from their church after a dispute with the organization’s leadership. Counsel involved in the case said the decision helps clarify the Supreme Court of Canada’s ruling in Highwood Congregation of Jehovah’s Witnesses (Judicial Committee) v. Wall 2018 SCC 26. ... [read more]

Thursday, January 16, 2020 @ 2:03 PM

Shift from shareholder to stakeholder is upon us | Helle Bank Jorgensen

World leaders will soon be gathering in Davos, Switzerland, for the World Economic Forum. This year’s conversations will focus on strategic topics, including stakeholder responsibility, climate change, inequality and the stability of the world economy — the theme of this year's meeting being “Stakeholders for a Cohesive and Sustainable World.” ... [read more]