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.

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

The recent decision in Bougiotis v Manji, 2025 ONSC 2365 (Bougiotis), is a cautionary tale for departed employees thinking of misbehaving; and serves as an example of the relief available to employers where former employees engage in damaging conduct post-departure.

Canada Employment

BJ

Bennett Jones LLP

Caution to Employers Drafting Employment Contracts: Words Matter

Recent cases over the first half of 2025 are providing a valuable lesson for employers and employees – more of a caution to employers – when interpreting employment contracts during a dispute, including the enforceability of termination clauses.

Canada Employment

KM

Koskie Minsky

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

In Taylor v Salytics Inc., 2025 ONSC 3461 (Taylor), the Ontario Superior Court of Justice emphasized the importance of a substance-over-form analysis in the interpretation of employment agreements...

Canada Employment

BJ

Bennett Jones LLP

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

Constructive dismissal risk continues to be a key concern for Canadian employers, particularly in the context of operational changes. Courts treat a constructive dismissal as a dismissal without cause...

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

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

Canada Employment

BL

Borden Ladner Gervais LLP

Termination Clause Upheld

Canada Employment

FR

Fogler, Rubinoff LLP

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

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

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

Timing Isn't Everything: Termination Upon Return From A Protected Leave Of Absence

Canada Employment

F

Fasken

Implications Of The GENIUS Act On Stablecoins In Canada

Canada Technology

MT

Miller Thomson LLP

Wagg Motions: Reforms Needed To Stop Delays And Unnecessary Costs When Accessing Criminal Records For Civil Sexual Assault Proceedings

Canada Litigation

LL

Lerners LLP

How CRA Conducts Net Worth Audits And Enforces Gross Negligence Penalties Against Canadian Taxpayers: Lessons From Mann v. The King And Other Cases

RS

Rotfleisch & Samulovitch P.C.

A Canadian Tax Lawyer's Guide To S.51 Rollovers: What And How Shareholders Can Convert Equity Into New Shares Without Capital Gains

RS

Rotfleisch & Samulovitch P.C.

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

In Dufault v The Corporation of the Township of Ignace,1 the Ontario Court of Appeal reaffirmed the principle from Waksdale v Swegon North America Inc.

Canada Employment

MB

McCague Borlack LLP

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

A British Columbia Animal Protection Officer lost his job after posting a video of a violent off-duty altercation he had. When his employer launched an investigation, the employee also secretly recorded private...

Canada Employment

FW

Filion Wakely Thorup Angeletti LLP

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)

Canada Employment

OH

Osler, Hoskin & Harcourt LLP

BC Supreme Court Comments On After-Acquired Cause

Canada Employment

BC

Boughton Law Corporation

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

Canada Employment

TM

Turnpenny Milne

Departing Employees Ordered To Return And Destroy Confidential Information (Mondee, Inc. v. Voyzant Inc.)

Canada Employment

GR

Gardiner Roberts LLP

Procedural Fairness In Volunteer Dismissals: Lessons From Hannan v. Scouts Canada

Canada Employment

C

CCPartners

Employers Beware: B.C. Court Awards Former Employee $25,000 In Punitive Damages For Conduct In Severance Negotiations

Canada Employment

RG

Roper Greyell LLP – Employment and Labour Lawyers

Arbitration Clause In Employment Agreement Upheld Despite Related Proceeding

Canada Litigation

BM

Bishop & McKenzie

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

Canada Employment

HM

Hicks Morley Hamilton Stewart Storie LLP

Labour and Employment Comparative Guide

Canada Employment

MT

McCarthy Tétrault LLP

Shareholder Agreements Can Limit Wrongful Dismissal Damages

Canada Employment

CP

Cox & Palmer

Arbitration Clause In Employment Agreement Upheld Despite Related Proceeding

On January 19, 2025, the Court of Appeal of Alberta released its decision, Sivitilli v PesoRama Inc., 2025 ABCA 56, in which the Court upheld an arbitration clause in an employment agreement despite ongoing litigation between the same parties.

Canada Litigation

BM

Bishop & McKenzie

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

Canada Employment

G

Goulart

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

In Québec, two methods are used to determine the representative nature of a petitioning association, namely: i) counting membership cards or forms to determine the total membership of the given bargaining unit...

Canada Employment

F

Fasken

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

Au Québec, la détermination du caractère représentatif d'une association...

Canada Employment

FF

Fasken (French)

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

Dans ce dossier devant le Tribunal administratif du travail du Québec, l'employé embauché en décembre 2018 travaillait comme chef d'équipe des ventes pour l'employeur, une entreprise œuvrant dans.

Canada Employment

FF

Fasken (French)

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

On March 23, 2018, Darryl Fushtey, an employee of Codeco-Vanoco Engineering Inc. ("Codeco"), was killed in a vehicle accident while traveling to northern Alberta.

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

Employee's $76,000 Claim For Vested Stock Units Barred By Wrongful Dismissal Settlement And Release

Canada Employment

HM

Hicks Morley Hamilton Stewart Storie LLP

Ontario Court Finds Scouts Canada Long-Time Volunteer Wrongfully Dismissed

Canada Employment

CP

Carters Professional Corporation

Understanding Long-Term Disability Claims In Ontario

Canada Employment

NL

Nelligan Law

Navigating Alberta's Streamlined Trial Rules: What You Need To Know

Canada Litigation

GW

Gowling WLG

Employers: Stop Using Offer Letters

Canada Employment

C

Cassels

Hope Springs Eternal - Ontario Court Finds Termination Provisions Enforceable

Canada Employment

C

CCPartners

From Tweets To Termination: A University Professor's Controversial Online Conduct

Canada Employment

HM

Hicks Morley Hamilton Stewart Storie LLP

False Statement To The CNESST: The Court Finds A Worker Guilty Of An Offence

Canada Employment

L,

Langlois Lawyers, LLP

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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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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

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

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

SL

Stringer LLP

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