Friday, 4 March 2022

Judge Says Non-Compete Agreements Entered into Before Coming into Force of Section 67.2 of Employment Standards Act, 2000 Still Bind Employees

What is the effect of section 67.2 of the Ontario Employment Standards Act, 2000, which generally prohibits entering into non-compete agreements after October 25, 2021, on non-competition agreements entered into before October 25, 2021?

In Parekh et al v. Schecter et al, 2022 ONSC 302, Justice Mohan D. Sharma of the Ontario Superior Court of Justice held that the Working for Workers Act, 2021, S.O. 2021, c. 35, pursuant to which section 67.2 was enabled, does not apply retrospectivity- meaning that agreements entered into before the law’s coming into force remain in full force and effect.

Sunday, 6 February 2022

The Court’s Power to Issue Injunctions Against “Persons Unknown”

Can the courts make orders against unidentified persons not named in the action or named only in proxy as "Jane Doe" and "John Doe"? Or must the persons enjoined be sued and named before an order is enforceable against them?

Those were the questions answered by the Supreme Court of Canada in the 1996 case of MacMillan Bloedel Ltd. v. Simpson, 1996 CanLII 165 (SCC), [1996] 2 SCR 1048.

Saturday, 29 January 2022

Tuesday, 18 January 2022

The Legal Effect of a Snow Day

What is the legal effect of a SNOW DAY?

As a child, the practical effect of a wicked snowstorm was the cancelation of school- a “snow day.” A free pass to do whatever one wanted. Un cadeau.

But, is an Ontario employer required to pay its employees for the day, or at least comply with the “three-hour rule” if it is unable to provide work for the employee because of storms or similar causes beyond the employer’s control that results in the stopping of work?

Thursday, 6 January 2022

Advocacy for Better Advocacy: The Right to Reply Factums in Civil Cases

Should parties on civil appeals be permitted to file “Reply Factums” without seeking leave of the court?

In Prism Resources Inc. v. Detour Gold Corporation, 2022 ONCA 4, Justice David Brown of the Court of Appeal for Ontario expressed his strong preference that they should.