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Recent Posts
Below is a preview of the five most recent posts from the blog Labour Pains. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
- Employment Law IS Real
The Court of Appeal for Ontario’s decision in Baker v. Van Dolder’s Home Team Inc., 2026 ONCA 568 makes me want to leave the practice of law. Not just employment law, but the entire profession. While that opening is melodramatic, I have always had a penchant for theatrics. Moreover, the only way to … Read more »
- Application Best Serves Proportionality, Efficiency, and Justice in Wrongful Dismissal Case: ONSC
Applications remain an appropriate vehicle, if not the preferred approach, for the resolution of wrongful dismissal cases. In an endorsement released May 12, 2026, the Honourable Justice Marc Garson of the ONSC refused a request to convert a wrongful dismissal application into an action. In providin … Read more »
- Eyes Wide Shut – Admission of a Failure to Look for New Employment Insufficient to Prove a Failure to Mitigate
Is a dismissed employee’s admission that he didn’t even bother to look for new employment enough to prove that he failed to mitigate his damages? According to the Court of Appeal for Ontario, it is not. A dismissed employee’s duty to mitigate his or her termination entitlements remains one of the mo … Read more »
- Termination Without Cause “At Any Time” and “For Any Reason” Legally Acceptable? Maybe.
How does a court get around the pesky “any time,” “any reason” issue and find that a contractual termination provision containing such words is legally determinative of an employee’s entitlement? Simple. By failing to engage on the point. In Li v. Wayfair Canada ULC., 2025 ONSC 2959, the Honourable … Read more »
- Canadian Human Rights Commission has Primary Jurisdiction for Federal Discrimination Complaints: FCA
When an unjust dismissal complaint under the Canada Labour Code alleges discrimination, does the Canada Industrial Relations Board (the “CIRB”) have jurisdiction to hear it, or must the employee proceed through the Canadian Human Rights Commission instead? In Kaseke v. Toronto Dominion Bank, 2025 FC … Read more »