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.

When The Label Doesn’t Stick: Misclassification And Forum Selection

The Ontario Court of Appeal has ruled that a company founder who signed an independent contractor agreement was actually an employee under provincial law, invalidating an English forum selection clause.

Canada Employment

C

CCPartners

Court Of Appeal Enforces Termination Clauses With “Any Time” And “For Any Reason” Language

The Ontario Court of Appeal has issued a landmark decision clarifying when termination clauses in employment contracts are enforceable, particularly addressing whether phrases like "at any time" or "for any reason" invalidate such provisions.

Canada Employment

SL

Stringer LLP

Vesting Doesn’t Stop At The Door: Ontario Court Of Appeal Awards $4.7M In RSU Damages In Wigdor v. Facebook Canada Ltd.

August continues to be a busy month for the Court of Appeal of Ontario with another significant decision for Ontario employers and employees.[1] In Wigdor v Facebook Canada Ltd., the Court of Appeal provided clarification...

Canada Employment

WL

WeirFoulds LLP

Ontario Court Of Appeal Pulls Back From Technical Attacks On Termination Clauses

The Ontario Court of Appeal has upheld termination clauses using "at any time" and "for any reason" language, signaling a shift away from technical attacks on employment contract provisions. How does this decision affect the enforceability of termination clauses and what does it mean for employers drafting employment agreements?

Canada Employment

LM

Littler Mendelson

Death Threats Do Not Automatically Justify Dismissal: BC Arbitrator Reinstates Long-Service Employee

Canada Employment

F

Fasken

A Common-Sense Approach: Ontario Court Of Appeal Brings Clarity To The Enforcement Of Employment Contract Terminations

Canada Employment

AB

Aird & Berlis LLP

Ontario Court Of Appeal Upholds Termination Clauses

Canada Employment

RG

Roper Greyell LLP – Employment and Labour Lawyers

When “at Any Time” Doesn’t Mean “any Time”: A Welcome Dose Of Common Sense

Canada Employment

SL

Siskinds LLP

Ontario Court Of Appeal Brings Clarity To Enforceable Termination Clauses

Canada Employment

C

Cassels

Positive News For Employers: ONCA Rules On “At Any Time” Termination Clauses

Canada Employment

ML

McMillan LLP

The Dufault Debate Is Over: Court Of Appeal Upholds “at Any Time” And “for Any Reason” Termination Language

Canada Employment

MT

Miller Thomson LLP

Poursuites En Santé Et Sécurité Au Travail – La Cour Suprême Clarifie Le Cadre Lié Aux Délais

Canada Employment

FF

Fasken (French)

When No Reasons Are Good Reasons: What Employers Need To Know About Terminating Non-Unionized Employees Without Cause

Canada Employment

ML

McMillan LLP

Worker Classification To After-Acquired Cause: Key Employment Law Lessons From Salina v. Investors Group

Canada Employment

MT

McCarthy Tétrault LLP

Remote Work As An Accommodation: What’s Reasonable In 2026?

Canada Employment

PH

Piccolo Heath

49% Of Canadian Visitor Visas Get Refused — Here's Why (And What To Do) (Video)

Canada Immigration

Gs

Green and Spiegel

Supreme Court Of Canada Denies Leave In Wolastoqey Nation’s Aboriginal Title Claim

Canada Litigation

C

Cassels

From Case To Practice: What Makes A Workplace Harassment Investigation “Appropriate In The Circumstances?”

Canada Employment

RT

RT Workplace Training & Consulting Inc.

Duty To Inquire About Disabilities: Key Lessons From A Recent Ontario Human Rights Decision

Canada Employment

F

Fasken

Managing Operational Risk In Manufacturing Through Workplace Investigations

Ontario manufacturing leaders often view workplace investigations as purely legal obligations, but they serve a more critical function: managing operational risk before issues escalate into costly disruptions. Early investigations can identify problems like harassment or safety violations that initially appear as production slowdowns or increased absenteeism, protecting both workforce stability and operational continuity.

Canada Employment

LL

Lerners LLP

Can You Terminate An Employee Who Is On A Leave?

Terminating an employee almost always comes with risks for employers to consider. These risks may even exist if an employee is terminated during or shortly after a legally protected leave of absence.

Canada Employment

FR

Fillmore Riley

Réorganisation administrative et cessation d’emploi au Québec : Attention à la preuve

A Quebec Superior Court decision confirms that employers must provide clear, concrete evidence linking organizational changes to job elimination when claiming administrative restructuring. The case examines what happens when termination letters reference performance concerns while the employer argues the dismissal was purely administrative.

Canada Employment

MT

McCarthy Tétrault LLP

Administrative Reorganization And Termination In Québec: Mind The Evidence

Employers relying on an administrative reorganization must demonstrate a clear and concrete link between the organizational change and the elimination of the position.

Canada Employment

MT

McCarthy Tétrault LLP

From Case To Practice: Do Respondents Have A Right To Know The Identity Of A Whistleblower/Witness?

Canada Employment

RT

RT Workplace Training & Consulting Inc.

Pregnancy Discrimination In Canada Remains An Ongoing Workplace Issue

Canada Employment

TD

Thompson Dorfman Sweatman LLP

Termination After Harassment Complaint Results In $195,000 OHSA Reprisal Damages

Canada Employment

C

CCPartners

Harassment During A Business Trip : The Administrative Labour Tribunal Upholds Dismissal

Canada Employment

SM

Stein Monast

Cannabis et postes à risque : la politique de tolérance zéro d'Air Transat passe le test de la raisonnabilité

Canada Employment

MT

McCarthy Tétrault LLP

Lawyer Spotlight: Kyle Van Schie – A Trusted Employment, Labour & Public Law Advisor And Advocate

Canada Employment

SW

Soloway Wright

The Proof Is In The Paperwork: Ontario Court Upholds Termination For After-Acquired Cause

Canada Employment

C

Cassels

Investigator Chronicles Ep. 1 Ft. Cory Boyd

Canada Employment

RT

RT Workplace Training & Consulting Inc.

A Recent Arbitration Decision Confirms That Gossip By Management Can Lead To Employer Liability

Canada Employment

SW

Soloway Wright

Workplace Arrangements – BC Court Of Appeal Affirms Constructive Dismissal Claim By Remote Worker Required To Return To The Office

Canada Employment

MT

McCarthy Tétrault LLP

The Proof Is In The Paperwork: Ontario Court Upholds Termination For After-Acquired Cause

In Birnbaum v. Dr. Chan, 2026 ONSC 2009, the Ontario Superior Court dismissed an action for wrongful dismissal and human rights damages brought by a former long-service employee against Dr. Victoria Chan (Dr. Chan) and her Respirology and Sleep Disorder Medical Clinic (the Clinic), concluding that the Clinic had after-acquired cause for termination due to the employee’s well-documented history of unauthorized, improper usage of the Clinic’s electronic medical record database.

Canada Employment

C

Cassels

Investigator Chronicles Ep. 1 Ft. Cory Boyd

Christine Thomlinson sits down with Cory Boyd, Vice President of RT Workplace Training & Consulting Inc., to explore his 25-year journey as a workplace investigator.

Canada Employment

RT

RT Workplace Training & Consulting Inc.

A Recent Arbitration Decision Confirms That Gossip By Management Can Lead To Employer Liability

It is well established in Ontario law that an employer may face liability for fostering a toxic workplace environment. Courts have typically found a poisoned work environment in cases involving harassment, repeated...

Canada Employment

SW

Soloway Wright

Workplace Arrangements – BC Court Of Appeal Affirms Constructive Dismissal Claim By Remote Worker Required To Return To The Office

The British Columbia Court of Appeal examined whether a long-standing remote work arrangement can become a binding employment term, and what happens when an employer unilaterally changes it.

Canada Employment

MT

McCarthy Tétrault LLP

Psychological Harassment: Employers Must Intervene, Even Where Reconciliation Appears To Have Occurred

Canada Employment

BB

BCF Business Law

Ontario Court Reinforces Limits On Summary Judgment For LTD Entitlement Claims: Notice Period Issues Are Fair Game

In employment litigation involving termination and long-term disability (LTD) benefits, Ontario courts continue to draw important distinctions. While questions relating to reasonable notice are often well-suited...

Canada Employment

C

CCPartners

Court Of Appeal Clarifies Law On Mitigating Damages In Wrongful Dismissal Claims

The Ontario Court of Appeal has established new clarity on employer obligations in wrongful dismissal cases, addressing both the burden of proof for mitigation efforts and the treatment of income earned during notice periods. This ruling in Williamson v Brandt Tractor Inc. resolves critical questions about when employers must demonstrate available comparable employment and how courts should handle mitigation income from lower-paying positions.

Canada Employment

FR

Fogler, Rubinoff LLP

Anonymous Complaints And The Duty To Investigate In Ontario Workplaces

Without an identified complainant, the usual investigative sequence becomes less straightforward. Questions arise immediately: whether credibility can be meaningfully assessed...

Canada Employment

LL

Lerners LLP

Ontario Court Of Appeal Confirms: All Earnings During The Notice Period Reduce Wrongful Dismissal Damages

In Williamson v. Brandt Tractor Inc., 2026 ONCA 272, the Ontario Court of Appeal (“ONCA”) partly allowed an employer’s appeal, reducing the damages awarded to a wrongfully dismissed employee upon determining...

Canada Employment

C

CCPartners

You’re Talking About Me, Right? When Employees Oppose Their Union

Canada Employment

AB

Aird & Berlis LLP

Misrepresentation Of Academic Qualifications Is Just Cause

Canada Employment

BL

Borden Ladner Gervais LLP

Employers Need Clear Evidence To Establish Just Cause And Post-termination Earnings From Lower Paying Jobs To Reduce Damages.

Canada Employment

RA

Robins Appleby LLP

Quand Violation N’Emporte Pas Répudiation : L’Exécution D’Une Entente De Fin D’Emploi Après Le Manquement D’Un Employé

Canada Employment

FF

Fasken (French)

Accidents "In The Course Of Work": Lessons From Three Recent Administrative Labour Tribunal Decisions

Canada Employment

F

Fasken

Délai déraisonnable dans les décisions administratives et modernisation des règles de droit applicables au mandamus

Canada Employment

MT

McCarthy Tétrault LLP

Employee Or Independent Contractor: The Distinction Matters More Than You Think

Canada Employment

LL

Lerners LLP

When Fairness Ends And Judgement Begins: What Carreau v. Canada Clarifies About Procedural Fairness In Workplace Investigations

Canada Employment

LL

Lerners LLP

Understanding Employment Jurisdiction, Contracts And Discipline In Indigenous Workplaces

Canada Employment

MA

MLT Aikins LLP

Big Title, Little Evidence – The ONCA Weighs In On Fiduciary Status And Post-Employment Duties In Titus Steel Company Limited v. Hack

Canada Employment

WL

WeirFoulds LLP

Hiring Transparency, Faster Mobility, Tougher Termination Clauses: Ontario’s 2026 Employment Landscape

Canada Employment

LL

Lerners LLP

How Far Can The Right To Strike Go? What Bill 14 Changes

Canada Employment

BB

BCF Business Law

Another Decision Upholding A Covid Vaccine Policy Has Landed – This Time It's WestJet

Canada Employment

C

CCPartners

ABKB Confirms Fiduciary Duty And Kickback Scheme Through Employee's Partner

Canada Employment

BR

Bow River Law

Okanagan College: A Win For Employers In The Labour Landscape

Canada Employment

RG

Roper Greyell LLP – Employment and Labour Lawyers

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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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Investigator Chronicles Ep. 1 Ft. Cory Boyd

RT

RT Workplace Training & Consulting Inc.

Resolving Workplace Disputes (Video)

PB

Prowse Barrette

Employment, Labour And Equalities Law Webinar Series: A Year In Review 2023 (Video)

GW

Gowling WLG

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

D

Dentons Canada LLP

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

SE

Stikeman Elliott LLP

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