Mark Repath

Employment and Commercial Lawyer at Van Kralingen & Keenberg LLP (@vk_llp). Cottage person. Dog person. People person. In that order.

[IsraelFoulonWongLLP @IsraelFoulonLLP]

We're hiring!

[Mark Repath @mrepath]

Ontario civil jury notice struck due to the principle of proportionality. A brief summary and the decision can be found here:

@vk_llp @MKeenberg

https://t.co/Pkua5cOBXz

[Bell Let's Talk @Bell_LetsTalk]

It’s Bell Let’s Talk Day! Check out how these celebrities look after their own mental health and join the conversation. For each video view, Bell donates an additional 5¢ to Canadian mental health initiatives. #BellLetsTalk

[Mark Repath @mrepath]

@SeanBawden On the issue of ESA sev. pay: if an ee can get past the first hurdle (i.e. there’s a finding the er “dismissed” them), could the altered terms be “an offer of reasonable alternative employment”, disentitling the ee to ESA sev. pay pursuant to para. 4, s. 9(1) of O. Reg. 228/01?

[Mark Repath @mrepath]

@SeanBawden @RudnerLaw I'm not convinced the SAA is not an employment agreement, but I take your point.

[Mark Repath @mrepath]

@SeanBawden @RudnerLaw I don't have the benefit of the entire SAA, but the plaintiff's entitlement to stock awards appears to be tied completely to his status as an employee. Para. 1 also indicates the stock awards are for "an employee's impact on team, business and customer results over the last year"

[Mark Repath @mrepath]

@RudnerLaw (2/2) unaware of the provisions (para. 72 of the trial decision). With the CoA overturning this finding, the termination provisions ought to be examined against the ESA. I believe they are offside, as there is no allowance for stock awards to vest during the stat. notice period.

[Mark Repath @mrepath]

@RudnerLaw What's interesting to me is that the Trial Judge expressly states he did not examine the issue of whether the termination provisions of the Stock Award Agreements were void under the ESA. His Honour found that step to be unnecessary given his finding that the plaintiff was (1/2)

[Williams HR Law @williamshrlaw]

During this suspension, employees may return to work if they provide proof of full vaccination. If suspended employees do not provide proof of full vaccination by December 13, 2021, their employment will be terminated for cause due to non-compliance with the vaccine policy.

[Williams HR Law @williamshrlaw]

The @CityofToronto announced an update to their mandatory vaccination policy. The updated policy states that employees who do not provide proof of full vaccination against #COVID19 by November 1, 2021 will face a six-week suspension without pay. https://t.co/lXYsInrYJ7

[Doug Ford @fordnation]

As we fight the 4th wave of COVID-19, we need all hands on deck to ensure that workers & businesses have what they need to stay safe. Our government is providing businesses with new tools and educational resources to protect workers & people.

Learn more: https://t.co/O3r5B6tWBr

[Mark Repath @mrepath]

Ontario business owners: if you're open during COVID-19, you're required to have a safety plan - in writing. The Ministry of Labour has released an online tool that should be a helpful resource for you on this front.
https://t.co/9CBHiZwpIZ

[Mark Repath @mrepath]

When you discover the online Index to Ontario's Rules of Civil Procedure is now hyperlinked...
@douglasdowney #civpro

[Dr. Jennifer Kwan @jkwan_md]

Ontario #COVID19 Recent Cases & Outcomes by Vaccination Status
(June 12/21-July 10/21, age 12+)

95.7% of cases, 97.4% of hospitalizations, 99.5% of ICU admissions, & 95.8% of deaths occurred in unvaccinated or partially vax'd individuals.

#VaccinesWork
Details/sources below🧵⬇️

[Auston Matthews @AM34]

Together, we can make a difference. You are never alone. #BellLetsTalk

[Mark Repath @mrepath]

@alanhbird @CWALK1967 Can we table this debate until Christmas dinner?

[Alan Bird @alanhbird]

I’ve only been mad, really mad twice in the last 12 months. Both times caused by @Rogers Please retweet if this sounds familiar. It’s the only way they will listen. #BringRealCompetition

[Mark Repath @mrepath]

4/4: I am curious though as to why the employee did not, at the very least, claim and/or receive his 8 weeks of ESA termination pay (and perhaps 20+ weeks of severance pay).

[Mark Repath @mrepath]

1/4: A dismissed employee typically has a duty to take reasonable steps to attempt to mitigate damages being claimed for constructive dismissal. This is (usually) done by searching for comparable employment. In a recent case, the ONSC found that a constructively

[Mark Repath @mrepath]

3/4: have been entitled to at common law was reduced to only 1 month - the time between his dismissal and his failure to consider/accept the offer of re-employment.