Employers Beware – Potential Future Violation of ESA Could Render Employment Agreement Unenforceable

23. March 2021 0
In a recent decision, the Ontario Superior Court of Justice found that a termination provision was unenforceable because it would violate Ontario’s Employment Standards Act if the employee’s role changed or the employer grew in size. Facts Chris Rutledge was a construction worker with Canaan Construction. Ontario’s employment standards legislation provides that “construction employees” are ...

Post-Employment Breach of Confidentiality Results in Significant Award

02. February 2021 0
A recent British Columbia Court of Appeal decision highlights why employers should exercise care when recruiting employees from their competitors.   Facts The plaintiff in GEA Refrigeration Canada Inc. v. Chang et al., 2020 BCCA 361 was a company that designed manufactured industrial hygienic freezers (“GEA”). GEA’s freezers had several unique design features, and GEA ...

An Unenforceable “With Cause” Termination Provision Could Sink an Entire Termination Clause

06. January 2021 0
An Ontario Court of Appeal decision from earlier this year has employers across Canada worried about the enforceability of their termination provisions. Facts The plaintiff in Waksdale v. Swegon 2020 ONCA 391, was terminated without cause after 8 months of employment. He subsequently brought an action for wrongful dismissal against his former employer and moved ...

BC Government Passes Amendments to the Workers Compensation Act

25. August 2020 0
The BC Government’s Bill 23 – 2020: Workers Compensation Amendment Act, 2020 received Royal Assent on August 14, 2020. Bill 23 follows changes to the Workers Compensation Act and WorkSafe Policy Manual and Materials in April of this year. Notable changes to the Workers Compensation Act under Bill 23 include: Increasing the maximum wage rate ...

Top Canadian Court Confirms that the Mandatory Arbitration Clause in Uber’s Driver Contracts is Unenforceable

13. July 2020 0
Uber Technologies Inc. v. Heller, 2020 SCC 16, a recent Supreme Court of Canada decision may have significant implications for individuals working in the gig economy, as well as for employers with mandatory arbitration or forum selection clauses in their contracts for service. Facts Mr. Heller, a food delivery driver with Uber Eats had sought ...

Termination with Cause: Acts of Dishonesty Provide Just Cause for Dismissal

09. June 2020 0
A recent BC Supreme Court decision demonstrates that acts of dishonesty by employees may give their employer grounds to dismiss them with cause. Facts In Movassaghi v. Harbourfront Wealth Management Inc., 2020 BCSC 579, the defendant employer, Harbourfront, was an investment consulting firm and member of the Investment Industry Regulatory Organization of Canada (“IIROC”). The ...