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.

The Havoc Of The "Standard" Release In Employment Law And Human Rights

Releases are agreements where one party agrees to release another party from an actual or potential liability. Releases are used frequently in the settlement of employment law and human rights disputes.

Canada Employment

BR

Bow River Law

Five Employer Wins And Counting: Is The Tide Turning?

In a shift from the prevailing trend of employee-friendly case law regarding the interpretation of employment and compensation agreements, Canadian courts have recently issued a series of rulings in favour of employers.

Canada Employment

BC

Blake, Cassels & Graydon LLP

Unreasonable Conduct Before The Tribunal Can Result In Costs

This decision concerns judicial review of a costs award by the British Columbia Human Rights Tribunal, under section 37(4) of the B.C. Human Rights Code.

Canada Employment

RG

Roper Greyell LLP – Employment and Labour Lawyers

Out Of Office, Out Of Work: When Off-Duty Conduct Costs Employees Their Jobs

In a time when personal lives are frequently broadcast online and the boundaries between work and personal time are increasingly blurred, the question arises...

Canada Employment

AH

Alexander Holburn Beaudin + Lang LLP

Career Employee Dismissed For Just Cause

Canada Employment

RG

Roper Greyell LLP – Employment and Labour Lawyers

Mandatory Mediation Is Here: What It Means For Ontario Employers

Canada Employment

WH

Williams HR Law

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

Canada Employment

WH

Williams HR Law

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

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

BC Hydro Doubles Down: 2025 Call For Power Continues Clean Energy Push

ML

McMillan LLP

Investment Opportunities In Canada: The Best Businesses To Start And Invest In.

Canada Immigration

S

Sobirovs Law Firm

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

MP

Moodys Private Client Law LLP

Webinar: 2025 Global In-House Counsel Survey Report: Unique Insights Into The Global In-House Counsel Profession

Worldwide Law Practice

IC

In-House Counsel Worldwide

Powering Innovation: Updates On New And Clean Technology Interconnection Issues In Alberta And Ontario

C

Cassels

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

When facing last-minute procedural challenges in employment law cases, it's essential to have experienced legal counsel who can act quickly to protect your rights.

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

In District of Sparwoood v. CUPE, Local 2968 (P. Schafer Dismissal) (February 28, 2025), Arbitrator Ken Saunders upheld the just cause discharge of an employee who had been absent from work for over three years...

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

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

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

In a recent decision, an Alberta arbitration board has ordered a unionized hospital employee to be reinstated with back pay after the employee was terminated for cause for alleged misconduct.

Canada Employment

F

Fasken

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

A continuation in our U.S. tariff effect series, a national analysis of the impact of tariffs on Canadian employers. For more information, check out BLG's Tariffs and Trade Resource Centre.

Canada Employment

BL

Borden Ladner Gervais LLP

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

Canada Employment

WL

WeirFoulds LLP

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

For a business, the loss of key employees to a competitor can be devastating. While departing employees may not take their employer's confidential documentation...

Canada Employment

GR

Gardiner Roberts LLP

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

In a significant employment law ruling, the Ontario Superior Court of Justice in Hannan v. Scouts Canada, 2024 ONSC 5361, addressed the issue of procedural fairness in the dismissal of volunteers.

Canada Employment

C

CCPartners

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

The recent decision of the B.C. Supreme Court in Thompson v. Revolution Resource Recovery Inc., 2025 BCSC 8 is notable with respect to three issues: (i) the impact of age on reasonable notice determinations...

Canada Employment

RG

Roper Greyell LLP – Employment and Labour Lawyers

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

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

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

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

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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

2016 Q2 HR-Law Webinar Part 4: Random Drug And Alcohol Testing (Video Content)

SL

Stringer LLP

Workplace Investigations

TM

Torkin Manes LLP

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