When Does the Limitation Period Begin for a Wrongful Dismissal Case in Ontario?

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How long do you have to start a case for wrongful dismissal in Ontario? Perhaps more importantly, when does the limitation period begin to run for a wrongful dismissal action – at the time notice of termination is received or on the last day worked?

That second question, when does the limitation period begin to run , was answered by the Honourable Justice Kirk W. Munroe of the Ontario Superior Court of Justice in the case of Bailey v Milo-Food & Agricultural Infrastructure & Services Inc., 2017 ONSC 1789 (CanLII).

If a Termination Provision Potentially Violates the ESA, It Is Void: ONCA

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“If a [termination] provision’s application potentially violates the ESA at any date after hiring, it is void.”

In a very short endorsement released by the Court of Appeal for Ontario on April 5, 2017, Covenoho v. Pendylum Ltd., 2017 ONCA 284, Ontario’s top court confirmed what many of Ontario’s employment lawyers having been saying for years now: a poorly drafted employment agreement is going to prove costly.

Labour Pains Turns Five: Lessons Learned

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On April 1, 2012, I published my first post to what was then called “Sean Bawden’s Law Blog for Suddenly Unemployed.” That was five years and over 330 posts ago. Some things, such as this blog’s title, have changed. Other things, like who is behind the keyboard, have not.

As regular readers of this blog will know, from time-to-time I try to take an introspective look at how we got here. Also, in the spirit of inspiring others to do the same, here is my ‘look behind the curtain’ at what is now Labour Pains.

Failure to Pay $300,000 Bonus a Breach of Contract Only and Not a Constructive Dismissal: ONCA

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Can an employer breach a rather fundamental element of an employee’s employment contract (to the tune of over $300,000) without triggering a constructive dismissal?

In a decision released March 21, 2017, Chapman v. GPM Investment Management, 2017 ONCA 227, the Court of Appeal for Ontario said “yes.”

Is a legal ban on requiring high heeled shoes in the workplace inevitable?

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Is a legal ban on requiring high heeled shoes in the workplace inevitable? Probably.

On March 8, 2017, Dr. Andrew Weaver, Member of the Legislative Assembly of British Columbia for Oak Bay-Gordon Head (Green) introduced a Private Member’s Bill, Bill M237 — Workers Compensation Amendment Act, 2017. As the explanatory note to the bill explained, that bill would have amended the BC Workers Compensation Act, RSBC 1996, c. 492, by prohibiting employers from setting varying footwear requirements for their employees based on gender, gender expression or gender identity. Consequently, the law (if it had passed) would have made employers unable to require select employees to wear high heels.

The bill died on the order paper when the legislature rose on May 9th, ahead of the upcoming provincial election. It never really had a chance.

But, is such a ‘ban’ either coming to Ontario or inevitable? I think so.

Court of Appeal Finally Brings Much Needed Clarity to Issue of Benefits in Contractual Termination Provisions

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It’s here. On February 23, 2017, the Court of Appeal for Ontario released its much anticipated decision in Wood v. Fred Deeley Imports Ltd., 2017 ONCA 158 (CanLII).

After an initial reading of the case I tweeted, “I think we have our number one case of importance to Ontario Employment Law for 2017.” To which one observer responded, “Sean, it is only February! I will remember this tweet when you write your annual "Top 5" cases.” While I stand to be corrected in ten months, I was aware of the date when I authored that tweet.

While Wood is not quite everything that I had hoped it would be, it’s still a lot of things. It could well be the most important decision to Ontario employment law this year.

Supreme Court of Canada Denies Leave to Appeal in Oudin: But Does That Really Mean Anything?

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On February 2, 2017, the Supreme Court of Canada denied the application for leave to appeal from the judgment of the Court of Appeal for Ontario in Oudin v. Centre Francophone de Toronto, 2016 ONCA 514, dated June 28, 2016. As is customary of the Supreme Court, no reasons for the decision to deny leave were provided.

I previously blogged about the Oudin decision in the post The ONCA’s Decision in Oudin v. CFT Leaves One 'Wundering' – Is Wunderman Dead?, which was actually cited to the Supreme Court by the Applicant as one reason leave should be granted.

So what does the fact that the Supreme Court of Canada denied leave really mean for Ontario employment law?