Limitation Period Applicable to a Claim for Indemnification

What is the limitation period applicable to a claim for indemnification, where the right to indemnification is contained within an employment contract? According to a recent decision from the Honourable Justice Heidi Polowin, Canaccord Capital Corporation v. Roscoe, 2012 ONSC 5714 (CanLII), two years from the date upon which the employer is found liable to a third-party plaintiff.

[EDIT: The Superior Court decision was overturned by the Court of Appeal for Ontario on June 7, 2013. For a summary of that decision see: Employers Must Sue for Indemnification Within Two Years: ONCA.]

The case raises the issue of the rights of third parties and the ability to add third parties after the expiry of limitation dates, especially those set out in section 18 of the 2002 Limitations Act.

Being Reprimanded for Having a Disability Stinks

Can you be fired for farting? The question may sound childish and silly, but the answer can be serious.

Are New Parents Entitled to Accommodation?

Do employers owe a duty to accommodate parents returning from parental leave?

School District Learns Lesson in Accommodation

The duty to accommodate can be one of the most frustrating and confusing issues for employers. The Supreme Court of Canada’s recent decision, Moore v. British Columbia (Education), 2012 SCC 61 (CanLII) offers some guidance on scope of the duty to accommodate, particularly where that accommodation comes at a significant cost.

Too Attractive for Employment

Can you legally fire an employee for being ‘too attractive?’ If you’re an employer in Iowa it would appear that the answer is yes.

Following on the heels of Debrahlee Lorenzana and Lauren Odes, Melissa Nelson becomes the latest victim of being “too attractive” for employment.

Top Five Cases of Importance to Ontario Employment Lawyers

December is often a month for list making, whether it be gifts one wants from Santa Claus (yours truly very nerdishly celebrated his receipt of an original copy of the 1960 Ontario Weekly Notes earlier this month), or Top X lists of Y things. In the spirit of the latter, here are my Top Five Cases of Importance to Ontario Employment Lawyers.

Right to a Fair Opportunity on Probation

Christmas is time where some industries, such as retail, become exceptionally busy. In order to meet customer demand employers take on extra, seasonal staff. While some employers are upfront about the nature of the employment relationship, others inform potential employees that they will be employed on a trial, or "probationary" basis, and if things ‘work out’ they may be hired on full-time.

This blog has previously considered the issue of what it means to be on a “probationary period” at Ontario law in the post Probationary Periods and Notice . This post will look at employers’ rights to terminate employees on probation and employees’ rights to be afforded a fair opportunity to demonstrate their talents.