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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!
- Court of Appeal Confirms Public School Teachers are Protected from Unreasonable Search and Seizure by Section 8 of the Canadian Charter of Rights and Freedoms
Are public school teachers protected from unreasonable search and seizure by section 8 of the Canadian Charter of Rights and Freedoms if the search and seizure is performed in the workplace by their employers? As stated by the Court of Appeal for Ontario in the case of Elementary Teachers Federation … Read more »
- Court of Appeal Recognizes that Employees Terminated “For Cause” May Still Be Entitled to Statutory Termination Benefits
The law concerning the rights and responsibilities of Ontario’s employers to dismiss an employee “for cause” , and the rights of employee to nonetheless receive statutory termination pay and severance pay in event of a termination “for cause” finally received such much-needed clarity in the Court of … Read more »
- How Much Time Do You Have to Sue for Unpaid Overtime?
The question of how much time one has within which to start a civil claim for unpaid wages, including unpaid overtime is actually more complicated than it sounds. In Fresco v. Canadian Imperial Bank of Commerce, 2022 ONCA 115 (CanLII), the Court of Appeal for Ontario refused to allow an employer’s a … Read more »
- Judge Says Non-Compete Agreements Entered into Before Coming into Force of Section 67.2 of Employment Standards Act, 2000 Still Bind Employees
What is the effect of section 67.2 of the Ontario Employment Standards Act, 2000, which generally prohibits entering into non-compete agreements after October 25, 2021, on non-competition agreements entered into before October 25, 2021? In Parekh et al v. Schecter et al, 2022 ONSC 302, Justice Mohan … Read more »
- The Court’s Power to Issue Injunctions Against “Persons Unknown”
Can the courts make orders against unidentified persons not named in the action or named only in proxy as “Jane Doe” and “John Doe”? Or must the persons enjoined be sued and named before an order is enforceable against them? Those were the questions answered by the Supreme Court of Canada in the 199 … Read more »