JTC Litigation | Workplace Law

An employment law boutique asserting and protecting the legal rights of employees, businesses, and non-profits in workplace disputes.

[JTC Litigation | Workplace Law @jtclitigation]

ADR clause in employment contract does not govern terminated employee's equity dispute based on a separate equity agreement that indicates Deleware as the jurisdiction.

Friel v. HUB International Limited, 2026 ONCA 313
Case: https://t.co/Hv4wzVrk28

[JTC Litigation | Workplace Law @jtclitigation]

SCJ awards an additional 14 months of common law notice -- not aggavated or punitive damages -- because of the employer's conduct in its termination for willful misconduct. Global notice award was 33 months.

Wilsher v. Olympic Wholesale, 2026 ONSC 3620
https://t.co/l8XTxBkCso

[JTC Litigation | Workplace Law @jtclitigation]

Our office will be closed on Monday, October 14th. Wishing our followers a restful long weekend.

[JTC Litigation | Workplace Law @jtclitigation]

Please note our office will be closed on the 26th, 27th, 30th and January 2, 2023.

Happy Holidays from Jennifer and staff!

[JTC Litigation | Workplace Law @jtclitigation]

ER cancellation of EE's vehicle and vehicle allowance, which EE enjoyed for 7 years, marked a significant change to his employment and constituted constructive dismissal.

Quesnelle v. Camus Hydronics Ltd., 2022 ONSC 6156

Link: https://t.co/89jvosrlKG

[JTC Litigation | Workplace Law @jtclitigation]

ONCA rules "salary" includes discretionary annual performance-based bonus, overturns trial judge's finding.

Nader v. University Health Network, 2022 ONCA 856

Link: https://t.co/xUKMQw8STx

[JTC Litigation | Workplace Law @jtclitigation]

Federal Court holds that unjust dismissal adjudicators under the CLC cannot order an ER to reinstate an unlawfully dismissed EE to a different position other than the one the EE held.

Miawpukek First Nation v. Howse, 2022 FC 1501

Link https://t.co/2Kt9eifCGb

[JTC Litigation | Workplace Law @jtclitigation]

No claim for vicarious liability against an ER regarding a claim for sexual harassment alleged by an EE against a colleague, as there is no recognized tort of sexual harassment.

Incognito v. Skyservice Business Aviation Inc., 2022 ONSC 1795
Link: https://t.co/epRvivbgE2

[JTC Litigation | Workplace Law @jtclitigation]

No just cause for surreptitious recordings. No written policy on recording conversations + EE had a right to be wary due to power imbalance and alleged ER was unilaterally altering his employment terms & disciplining him.

Rooney v GSL Chevrolet Cadillac Ltd, 2022 ABKB 813

[Law Times @LawTimes]

McMaster’s co-counsel George Avraam says the court’s decision sets the framework for other employers, particularly universities and colleges, to have a mandatory vaccine policy.

https://t.co/f1uZhFh6Dm

[Superior Court of Justice (ON) @SCJOntario_en]

Filing through Civil Submissions Online, Family Submissions Online or Small Claims Court Submissions Online?

1/3

[JTC Litigation | Workplace Law @jtclitigation]

TDSB's mandatory vaccination policy upheld in arbitration and found that it does not violate s. 7 of the Charter.

Decision:

https://t.co/1KHOZaDFKK

[Superior Court of Justice (ON) @SCJOntario_en]

Divisional Court – Revised notice contains new processes for determining mode of hearing (in person or virtual). Also contains CaseLines updates and procedures for Landlord and Tenant Board appeals.

Link here: https://t.co/xmPQ3k0Yf6

[JTC Litigation | Workplace Law @jtclitigation]

This new amendment to the ESA does not limit an employer's ability to use information collected through electronic monitoring of its employees.

Read Bill 88 here:
b088ra_e.pdf (https://t.co/OchERfpBbN) https://t.co/ZigmuhLgig

[JTC Litigation | Workplace Law @jtclitigation]

Last week, Bill 88, received Royal Assent.

Part of this Bill amends the ESA. Now, all Ontario employers who have 25+ employees as of January 1, 2022 will have until October 11 to create a written electronic monitoring policy.

[JTC Litigation | Workplace Law @jtclitigation]

This policy must confirm whether employees are electronically monitored and, if so, how and in what circumstances they are monitored. It also must indicate the purposes for which the information obtained may be used.

[Superior Court of Justice (ON) @SCJOntario_en]

The Court’s Participant Information form has been updated. It now replaces counsel slips. It continues to be required in hearings using CaseLines and can be used in other in-person, hybrid and virtual hearings.

You may find it under “Other Documents”: https://t.co/J5geKw0njm

[JTC Litigation | Workplace Law @jtclitigation]

Surreptitious recordings a factor in just cause termination.

Shalagin v Mercer Celgar Limited Partnership, 2022 BCSC 112

https://t.co/trqNMmYNAx

[Monte McNaughton @MonteMcNaughton]

"We're rewarding businesses that keep their workers safe...and putting $1.5 billion back into the economy almost overnight which will create more jobs and lead to higher paycheques for workers.”

https://t.co/mne8fSvZuM