Home Julius Melnitzer

Ontario court upholds employees’ right to sue for wrongful dismissal in cases of chronic stress

Ontario’s Divisional Court is affirming employees’ right to sue for wrongful and constructive dismissal in the civil courts in cases of chronic mental stress arising from workplace harassment. “That’s important because workplace compensation claims by employees suffering from mental stress as a result of harassment might increase an employer’s premiums slightly, but not nearly as […]

  • September 17, 2021 September 16, 2021
  • 09:00

Court of appeal decision highlights importance of clear pension communications

A recent Saskatchewan Court of Appeal decision illustrates the importance of clear communications from pension administrators seeking to avoid liability from lawsuits by claimants alleging they’re entitled to a plan member’s death benefits. “What it comes down to is that employers and pension plans that want to avoid lawsuits from plan members claiming to be […]

  • August 13, 2021 August 13, 2021
  • 09:01

Little legal clarity for employers dealing with pandemic-related layoffs

A trio of conflicting decisions from Ontario’s Superior Court of Justice has left employers confused about a possible onslaught of wrongful dismissal lawsuits stemming from temporary layoffs due to the coronavirus pandemic. The confusion arises because judges have come to different conclusions about Ontario’s infectious disease emergency leave regulation, which provides that temporary layoffs in […]

  • July 13, 2021 July 12, 2021
  • 09:00

Ontario court upholds arbitration clause in employment contract

An arbitration clause that doesn’t explicitly prohibit a terminated employee from making a complaint to the Ministry of Labour doesn’t offend employment standards legislation, the Ontario Superior Court has ruled. “The ruling will give comfort to employers that Ontario courts will enforce arbitration clauses,” says David Vaillancourt of Toronto’s AGM LLP, who represented Dealnet Capital […]

  • June 10, 2021 June 10, 2021
  • 15:00

New stock option regime set to take effect this July

The federal government’s recent budget confirmed its intention to proceed with the new stock option regime previously announced in its November 30, 2020, economic statement — meaning the proposed changes will likely come into force on July 1, as planned. As currently drafted, the changes impose an annual cap of $200,000 on employee stock options […]

  • April 28, 2021 April 28, 2021
  • 09:20

Mandatory coronavirus testing for unionized employees allowed: arbitrator

Arbitrator Dana Randall has ruled that unilaterally-imposed, bi-weekly testing for the novel coronavirus at a Woodstock, Ont., unionized retirement home is reasonable when weighed against the need to prevent the spread of the coronavirus. “The decision tells us that, in this particular environment, mandatory COVID-19 testing is a reasonable exercise of management right given the […]

  • March 17, 2021 March 17, 2021
  • 09:00

Federal employers shouldn’t change employment entitlements during notice period: court

A recent decision from the Ontario Superior Court suggests that federally-regulated employers will be held to the same strict rules as their provincial counterparts in ensuring that termination provisions comply with minimum employment standards. “The decision in Sager v. TFI International Inc. extends courts’ pro-employee interpretation of termination clauses in the context of minimum  standards […]

  • February 5, 2021 March 26, 2021
  • 09:00