Canada: Employment Litigation/ Tribunals

An Oregon Court of Appeals decision clarifies how statutory damages are calculated in wage deduction cases, determining whether employees can recover $200 per paycheck or per violation category. The ruling also addresses when employers can use Oregon's class action cure provision to dismiss collective claims before litigation advances.

Yes. In Dome Mine Ltd. and USW, Local 7980, 2026 CanLII 78264 (ON LA), an Ontario arbitrator upheld the termination of an employee who refused a valid post-incident drug and alcohol test.

A financial planner's wrongful dismissal case against RBC resulted in over $2.5 million in damages after the bank filed an inaccurate termination notice that destroyed her career prospects. The Ontario Superior Court found the bank's conduct vindictive and its allegations of cause unproven, raising critical questions about employer obligations when reporting terminations in the investment industry.

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?

In a recent decision, an Arbitrator considered whether a long-service employee who threatened to kill her supervisor should be reinstated. While Arbitrator Rogers found the employee's conduct constituted serious misconduct warranting significant discipline, dismissal was determined to be excessive in the circumstances.

The Ontario Court of Appeal has issued a landmark decision addressing the enforceability of employment agreement termination provisions, resolving conflicting lower court rulings in two cases involving similar termination clauses. The Court rejected the increasingly technical approach to interpreting employment agreements and instead applied modern principles of contractual interpretation to determine whether termination provisions properly limited employee entitlements to those set out in the Employment

Dans l'affaire Syndicat canadien de la fonction publique, section locale 4041 c. Air Transat, 2026 CanLII 44306 (CA SA) (la « Décision »), le tribunal d'arbitrage présidé par Me Nathalie Massicotte...

Kyle Van Schie first joined Soloway Wright as a student during law school before becoming a lawyer in the firm’s Employment, Labour & Public Law Group upon his call to the bar.

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.