Pages

▼
Showing posts with label Divisional Court. Show all posts
Showing posts with label Divisional Court. Show all posts
Friday, 29 July 2022

Court of Appeal Confirms Public School Teachers are Protected from Unreasonable Search and Seizure by Section 8 of the Canadian Charter of Rights and Freedoms

›
Are public school teachers protected from unreasonable search and seizure by section 8 of the Canadian Charter of Rights and Freedoms if...
Sunday, 5 September 2021

Employees Can Sue for Constructive Dismissal Caused by Chronic Mental Stress: ON Div Ct

›
Can an employee sue for constructive dismissal if the cause of the employment relationship break down is that the employee was subjected t...
Saturday, 10 July 2021

Pointe Finale! Calculation of "Payroll" for Severance Purposes Not Limited to Just Ontario: Divisional Court

›
Section 64(1)(b) of the Ontario Employment Standards Act, 2000 requires an employer who severs an employment relationship with an employe...
Wednesday, 11 November 2020

Dismissed Construction Employee Entitled to Reasonable Notice Despite Employment Contract and ESA

›
Should courts void contractual termination provisions if such provisions have even the remote potential to, at some later point in time, ...
Monday, 28 October 2019

Accommodations of Disability Not Carved in Stone

›
Once an employee has been afforded accommodation for his disability, is the specific accommodation set in stone forever, or can an employ...
Wednesday, 3 July 2019

Frustration of Contract Can be Resolved by Summary Judgment - Does Not Require A Trial

›
Is a stated “desire” to return to work, at some point, and without more information, sufficient to rebut the medical evidence that a cont...
Friday, 28 December 2018

Simply Complying with the ESA not Enough to Rebut Common Law Presumption of Entitlement to Reasonable Notice – ON Divisional Court

›
Is the sole requirement to rebut the common law presumption of termination only upon reasonable notice that the contractual termination c...
Saturday, 31 March 2018

Divisional Court Dismisses Appeal in Case Concerning Working Notice Being Inappropriate for Employees on Disability Leave

›
On November 24, 2017, in a post titled, Working Notice Inappropriate for Employees on Disability Leave , I blogged about the decision of ...
Saturday, 20 May 2017

Divisional Court Rules that Employees May Sometimes be Required to Attend Medical Examination by Doctor of Employer’s Choosing

›
(c) istock/utah778 Is an employee required to submit to an independent medical examination, an “IME”, by a doctor of his employer’s choos...
1 comment:
Saturday, 4 February 2017

No Aggravated Damages Absent Evidence of Mental Distress: Divisional Court

›
(c) istock/MarkLevant Can a trial court award aggravated damages to an employee who claims wrongful dismissal absent a finding of actual...
Sunday, 27 November 2016

Unrelated Employers Do Not Create Continuous Employment

›
Taking on the employees of another business can create unexpected financial obligations for employers. For example, this blog has previou...
Monday, 21 November 2016

Div Court Finds No Frustration of Contract after 29-Month Disability Leave; Upholds Awards of Human Rights Damages and “Punitive” Costs

›
(c) istock/Hailshadow Some decisions are just textbooks on employment law. They are ‘must read’ decisions for anyone looking to practice...
Saturday, 28 May 2016

Divisional Court endorses Wunderman, Rejects Ford v Keegan

›
If an employment contract’s termination provision has the potential to violate the Ontario Employment Standards Act, 2000 , but is legal...
Saturday, 14 May 2016

Employee "On Probation" Terminated Without Cause after Five Months of Employment Not Entitled to Any Notice: Div Court

›
What is the legal effect of being “on probation”? While this blog has looked at the issue of an employee being employed pursuant to a wri...
1 comment: