Canada: Employment Litigation/ Tribunals

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.

Career Employee Dismissed For Just Cause

In the recent case of Basic v. Solid Rock Steel Fabricating Co. Ltd., 2025 BCSC 287, the B.C. Supreme Court upheld the dismissal of a 57-year old project manager with over 20 years...

Canada Employment

RG

Roper Greyell LLP – Employment and Labour Lawyers

Mandatory Mediation Is Here: What It Means For Ontario Employers

As of June 1, 2025, mediation is mandatory for all new applications filed with the Human Rights Tribunal of Ontario ("HRTO").

Canada Employment

WH

Williams HR Law

Out The Door, Not Off The Hook: Remedies For Employers When Post-Employment Confidentiality Obligations Are Breached

Ontario courts demonstrate that employers are not powerless when former employees breach confidentiality obligations or engage in retaliatory conduct.

Canada Employment

WH

Williams HR Law

Canadian HR Reporter: Worker Sues For Constructive Dismissal After Temporary Layoff

Faraz Kourangi discussed the importance of ensuring that employment contracts clearly authorize temporary layoffs, cautioning that without such contractual language and genuine employee consent, employers risk facing constructive dismissal claims under common law.

Canada Employment

WH

Williams HR Law

What Happens Off-Duty Doesn't Always Stay There: ONCA Confirms Employer's Duty To Investigate

Canada Employment

WH

Williams HR Law

Demotion After Maternity Leave Costs Employer In Constructive Dismissal Case

Canada Employment

WH

Williams HR Law

Ontario Courts Uphold Termination Clauses With "At Any Time" Language, But Dufault Still Looms Large

Canada Employment

WH

Williams HR Law

The Ontario Court Of Appeal Rules In Favour Of Employer In Upholding Termination Clause

Canada Employment

AG

Affleck Greene McMurtry LLP

Misbehaving Employees Beware: Ontario Court Cracks Down On Post-Termination Misconduct

Canada Employment

BJ

Bennett Jones LLP

Caution to Employers Drafting Employment Contracts: Words Matter

Canada Employment

KM

Koskie Minsky

Ontario Court Confirms Temporary Lay-Off Clause Is Distinct From Termination Clause

Canada Employment

BJ

Bennett Jones LLP

Constructive Dismissal Pitfalls In Employment Law: Five Key Factors For Employers

Canada Employment

BC

Blake, Cassels & Graydon LLP

Client Success Story: Last-Minute WSIAT Application Doesn't Delay Trial

Canada Employment

Wallace Smith LLP

Too Little, Too Late: Just Cause Termination For Non-Culpable Absenteeism After Employer's Repeated Requests For Medical Evidence Went Largely Unanswered

Canada Employment

RG

Roper Greyell LLP – Employment and Labour Lawyers

Appointing Someone To Make Health Care Decisions If You Become Unable To

Canada Healthcare

ML

McKercher LLP

Powering The Future: Canada's Leadership In Nuclear Energy & Small Modular Reactors

MA

MLT Aikins LLP

Remedies For Reprisal: Reinstatement And The Duty To Mitigate Under The Employment Standards Act, 2000

Canada Employment

LL

Lerners LLP

How The Income Tax Act Treats Settlements And Damage Awards For Wrongful Dismissals

RS

Rotfleisch & Samulovitch P.C.

A Big Beautiful Betrayal For US Expats. Is Renunciation Of US Citizenship Now The Best (And Only) Option?

MP

Moodys Private Client Law LLP

Ontario Court Rules That A Temporary Lay-Off Provision Is Not A "Termination" Provision

Recently, the Ontario Superior Court delivered a rare win for the employer in Taylor v. Salytics Inc., 2025 ONSC 3461.

Canada Employment

BL

Borden Ladner Gervais LLP

Termination Clause Upheld

The Ontario Court of Appeal recently upheld a termination clause that provided for the minimum standards set out in the Employment Standards Act...

Canada Employment

FR

Fogler, Rubinoff LLP

Turned Away For Being Trans: What The Bar Lucky 7 Case Tells Us About Workplace Discrimination

Trans rights are facing alarming setbacks around the world. In the United States of America, there has been a recent wave of bans targeting trans people: from restricting access to gender-affirming care...

Canada Employment

RT

Rubin Thomlinson LLP

IFW May 2025 Newsletter – Recent Employer Wins: Ontario Court Of Appeal Upholds Enforceable Termination Clause, And Errors Made At Termination Did Not Constitute Bad Faith

In the recent case of Bertsch v. Datastealth Inc., 2025 ONCA 379 ["Bertsch"], the Ontario Court of Appeal (the "ONCA") upheld the lower court's decision that held a termination clause...

Canada Employment

IF

Israel Foulon Wong

When Time Theft Meets Silence: Ontario Court Backs Firing Over Timecard Misconduct

Canada Employment

C

CCPartners

Why Every Workplace Investigator Should Be A Case Law Expert And Other Lessons From A Recent Arbitration Decision

Canada Litigation

RT

Rubin Thomlinson LLP

Hospital Worker's Termination For Misconduct Overturned By Alberta Arbitration Board

Canada Employment

F

Fasken

The U.S. Tariff Effect: Renegotiating Terms Of Employment – Avoiding Constructive Dismissal Risks

Canada Employment

BL

Borden Ladner Gervais LLP

Ontario Court Of Appeal Reaffirms Waksdale: Dufault v The Corporation Of The Township Of Ignace

Canada Employment

MB

McCague Borlack LLP

British Columbia Animal Protection Officer Terminated For Violent Social Media Posts & Secret Recordings

Canada Employment

FW

Filion Wakely Thorup Angeletti LLP

Game-Changer For Employers: Ontario Court Of Appeal Backs ESA-Only Termination Clause

Canada Employment

WL

WeirFoulds LLP

Amendments To The Saskatchewan Employment Act Passed

Canada Employment

CC

CLC (Canadian Litigation Counsel)

Employment And Labour Law Insights – June 2025 (Wibenar)

Canada Employment

OH

Osler, Hoskin & Harcourt LLP

BC Supreme Court Comments On After-Acquired Cause

Canada Employment

BC

Boughton Law Corporation

Game-Changer For Employers: Ontario Court Of Appeal Backs ESA-Only Termination Clause

In a favourable decision for employers, Bertsch v Datastealth Inc., 2025 ONCA 379, the Court of Appeal for Ontario upheld the decision of the Ontario Superior Court of Justice that a termination...

Canada Employment

WL

WeirFoulds LLP

Amendments To The Saskatchewan Employment Act Passed

On May 13, 2025, the Saskatchewan Government passed The Saskatchewan Employment Amendment Act, 2024, which amends The Saskatchewan Employment Act, SS 2013, c S-15.1.

Canada Employment

CC

CLC (Canadian Litigation Counsel)

Employment And Labour Law Insights – June 2025 (Wibenar)

On Wednesday, June 25, join us for the next instalment of our quarterly Employment and Labour Law Insights webinar series. In this session, Osler's Kelly O'Ferrall, Steven Dickie, Irmak Aydemir...

Canada Employment

OH

Osler, Hoskin & Harcourt LLP

BC Supreme Court Comments On After-Acquired Cause

In Canada, when an employer terminates an employee without cause, the employee will presumptively be entitled to notice or payment in lieu of notice – which we commonly refer to as severance.

Canada Employment

BC

Boughton Law Corporation

Don't Forget The Stocks! Wrongful Dismissal Settlements And Employee Entitlements

Canada Employment

TM

Turnpenny Milne

B.C. Supreme Court Imposes Costs On Workers' Compensation Appeal Tribunal For Procedural Fairness Breaches, Deviating From The "Traditional Immunity" Enjoyed By Decision-Makers

In an unusual decision, the Supreme Court of British Columbia has awarded costs against the British Columbia Workers' Compensation Appeal Tribunal (WCAT) following a successful judicial review application.

Canada Employment

HM

Hicks Morley Hamilton Stewart Storie LLP

Labour and Employment Comparative Guide

Labour and Employment Comparative Guide for the jurisdiction of Canada, check out our comparative guides section to compare across multiple countries

Canada Employment

MT

McCarthy Tétrault LLP

Shareholder Agreements Can Limit Wrongful Dismissal Damages

What happens when a company terminates someone who is both an employee and a shareholder?

Canada Employment

CP

Cox & Palmer

Court Of Appeal Sends Expensive Message To Employer For Termination Post-Medical Leave

The recent decision of Krmpotic v. Thunder Bay Electronics Limited, 2024 ONCA 332, involves an employee with 30 years of service that was terminated the day he returned from a medical leave following back surgery.

Canada Employment

G

Goulart

Preferences vs. Needs: Human Rights Tribunal Finds Limits On Accommodation For Family Status

Canada Employment

G

Goulart

What Should Employers Know About Issue Estoppel?

Canada Employment

FL

Field LLP

Court Of Appeal Remains Unswayed: Dufault Decision Reaffirms Waksdale

Canada Employment

C

CCPartners

Dismissal And Criminal Charges: Avoiding Discrimination By Carefully Assessing The True Grounds Of Any Dismissal

Canada Employment

F

Fasken

A Worrying Precedent: Using Secret Ballots To Remediate Against Unionization Interference?

Canada Employment

F

Fasken

Un précédent préoccupant : le vote au scrutin secret comme remède aux entraves syndicales

Canada Employment

FF

Fasken (French)

Congédiement Et Accusations Criminelles : L'importance D'évaluer Avec Précaution Les Véritables Motifs De Congédiement Pour Éviter La Discrimination

Canada Employment

FF

Fasken (French)

When Employment Controls The Journey: Lessons From Fushtey v. WCB, 2024 ABKB 725

Canada Employment

CC

CLC (Canadian Litigation Counsel)

At Any Time, A Termination Clause May Be Found Unenforceable

Canada Employment

FR

Fogler, Rubinoff LLP

The Boundaries Of Privilege In Workplace Investigations: Lessons From Recent Jurisprudence

Canada Employment

LL

Lerners LLP

Year In Review: Our Most Popular Insights From 2024

Canada Employment

FR

Fogler, Rubinoff LLP

Prohibited Practices Under The Charter Of The French Language: The Administrative Labour Tribunal Sets The Record Straight In Kim C. Ultium Cam

Canada Law Performance

L,

Langlois Lawyers, LLP

What Not To Do When Conducting A Workplace Investigation

Canada Employment

LL

Lerners LLP

Don't Let Perfect Be The Enemy Of A Good Workplace Investigation

Canada Employment

MT

McCarthy Tétrault LLP

Bell Layoffs: Understanding Your Employment Rights

Canada Employment

ML

Monkhouse Law

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Highlighted Content

I'm Listening: BC Appeal Court Confirms That Secretly Recording Colleagues Constitutes Just Cause

Canada Employment

SE

Stikeman Elliott LLP

Strikes And Picketing In The Living Room: Anti-scab Provisions In The Age Of Telework

Canada Employment

SE

Stikeman Elliott LLP

Best Practices For Verifying Eligibility To Work In Canada: Key Takeways From Imperial Oil Limited V. Haseeb

Canada Employment

SE

Stikeman Elliott LLP

Recent Trends And Best Practices In Workplace Investigations And Terminations Of Employment (Video)

Canada Employment

SE

Stikeman Elliott LLP

CERB Appeal: Alberta Court Of Appeal Finds CERB Not Deductible From Wrongful Dismissal Damages

Canada Employment

SE

Stikeman Elliott LLP

Ontario Superior Court Reviews The Factors Applied In Determining Independent / Dependant Contractor Status

Canada Employment

SE

Stikeman Elliott LLP

It's A Deal: Ontario Superior Court Upholds Contractual Termination Provision, Departs From Recent Case Law

Canada Employment

SE

Stikeman Elliott LLP

Ontario Divisional Court Overturns WSIAT Decision, Affirms Employees Have Right To Sue After Workplace Harassment

Canada Employment

SE

Stikeman Elliott LLP

Uber Class Action Certified: Ontario Court Ruling Lays Foundation For Common Issues Trial In Independent Contractor Classification Dispute

Canada Litigation

SE

Stikeman Elliott LLP

Student Employees Have The Right To Equal Pay For Equivalent Work: Québec Court Of Appeal

Canada Employment

SE

Stikeman Elliott LLP

Latest Videos

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Navigating Workplace Investigations Part 2: More Of Your FAQs Answered (Video)

D

Dentons

Claims For "Employment Wrongful Acts": What Liability Adjusters Need To Know (Video)

SB

SBA Lawyers LLP

Recent Trends And Best Practices In Workplace Investigations And Terminations Of Employment (Video)

SE

Stikeman Elliott LLP

The Unexpected Costs Of "Contractors" – Peter Straszynski – Torkin Manes Legalpoint Video

TM

Torkin Manes LLP

2016 Q2 HR-Law Webinar Part 5: ONCA On General Damages (Video Content)

SL

Stringer LLP

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