Blogs and Articles
Dufault v. The Corporation of the Township of Ignace – Invalid “Without Cause” Termination Clause in Employment Contract
Dufault v. The Corporation of the Township of Ignace, 2024 ONSC 1029: Employers may not have “sole discretion” in terminating an employee without cause. In recent years, employers have been dealt blow after blow as Ontario Courts continue to find ways to void...
The Great Resignation: What new independent contractors should know.
“I hope this finds you well during these unprecedented times.” This is a phrase I'm sure most Canadians are sick of reading and sick of typing. During these unprecedented times, Canadian workers have taken the time to re-evaluate their needs and priorities. We are...
Employers Beware – Employment Contracts and Waksdale v. Swegon North America Inc., 2020 ONCA 391
Last year, the Ontario Court of Appeal in Waksdale v. Swegon North America Inc., 2020 ONCA 391, slapped employers across the face causing an upheaval in employment law, resulting in the possibility that your employment contract might no longer be enforceable....
COVID-19: Asking My Employees About Their Vaccination Status and Other Privacy Concerns
To begin, it is important to note that an employer cannot require an employee to be vaccinated for COVID-19. The federal and provincial governments have not made it mandatory for all people to be vaccinated; as such, an employer’s workplace policies cannot make it...
Termination of Employment: With Cause, Without Cause and Reasonable Notice
In Ontario, an employee can be dismissed in one of two ways: Termination for cause; or Termination without cause. Termination for cause When an employer terminates an employee for cause the employee will not be entitled to any compensation with regards to the...
COVID-19 and “Act of God” Force Majeure Clauses
COVID – 19 (Coronavirus) and Force Majeure or Act of God Clauses As Ontario declares a State of Emergency and begins shutting down many businesses in light of the continued spread of COVID-19 across Ontario, many companies and individuals are left asking whether or...
What happens when your spouse dies (with or without a Will).
When a spouse dies, individuals are often left unsure of their rights. Whether there is a Will and you have been left with nothing, or there was no Will and you need to ensure that you get what you deserve, there is legislation in place to protect you. 1. What...
“Personal Use” Evictions and what you need to know
Those who are currently renting in the Greater Toronto Area know that it is very challenging to find good value in this market. A study by the Canadian Mortgage and Housing Corporation (“CMHC”) shows that the vacancy rate of rental properties in the GTA is the lowest...
Employment Expenses
Employee deductions and expenses as an owner-employee. While employees at arms-length have been permitted to deduct certain employment expenses pursuant to section 8 of the Income Tax Act, the Canada Revenue Agency has taken issue with employees who are also...