Does the tort of “harassment” exist at Ontario law? And, if not, is it time for Ontario’s court to recognize the existence of such tort? The answer to both of those questions, as provided by the Court of Appeal for Ontario in Merrifield v. Canada (Attorney General), 2019 ONCA 205, is “no.”
What sort of consideration is required for an employer to make fundamental changes to the terms of an employee’s employment agreement?
In the case of Lancia v. Park Dentistry, 2018 ONSC 751, the Honourable Justice Andrew J. Goodman of the Ontario Superior Court of Justice confirmed the longstanding legal principle that a “peppercorn” will do. The court also confirmed that consideration for a new agreement is not required where the employer provides reasonable notice of the termination of the existing agreement.
When is a “discretionary” bonus to be included in the statutory definition of “wages”? According to a 2016 decision of the Ontario Superior Court of Justice, Bain v UBS, 2016 ONSC 5362 (CanLII), affirmed by the Court of Appeal for Ontario in Bain v. UBS Securities Canada Inc., 2018 ONCA 190 (CanLII), when “there were definite factors on which it was based, including performance.”
The case highlights the tension between irregular payments and the obligation to pay vacation pay.
If an employer dismisses an employee without cause, pays the employee a considerable amount for severance, and the parties sign a full and final mutual release absolving each other from any further claims, can the employer, upon discovering the fact that the employee had lied about his actions while employed, successfully sue the employee for the recovery of the severance funds?
Yes, says the Court of Appeal for Ontario in the case of York University v. Markicevic, 2018 ONCA 893 (CanLII).
Does frustration of contract for illness or injury require an act of an employer?
In Hoekstra v Rehability Occupational Therapy Inc., 2019 ONSC 562 (CanLII), Justice Alissa K. Mitchell of the Ontario Superior Court of Justice ruled that it did not.
In the same decision, the court ruled that the simple failure of the employer to pay the dismissed employee his minimum statutory entitlements on termination was not enough to trigger an award of punitive damages.
Does the inability to reliably test for cannabis create an undue hardship for employers with respect to their duty to accommodate the use of medical marijuana?
In International Brotherhood of Electrical Workers, Local 1620 v. Lower Churchill Transmission Construction Employers' Association Inc., 2019 NLSC 48 (CanLII), a judge of the Supreme Court of Newfoundland and Labrador found to be reasonable a labour arbitrator’s earlier decision that it did.
“A fiduciary who knows about wrongdoing committed against the beneficiary has a duty to tell the beneficiary.” That important lesson was the key takeaway from a decision of the Court of Appeal for Ontario upholding a termination of employment for just cause: Dunsmuir v. Royal Group, Inc., 2018 ONCA 773 (CanLII)
