Publications
Biometrics: Guidance for Canadian Employers
The use of biometrics gives rise to numerous legal issues, many of which are clarified in some recent guidance issued by Canada’s Office of the Privacy Commissioner.
Flawed Canadian Employment Contracts: Not Blank Cheque
Terminated employees do not necessarily recover everything they claim. Indeed, many recent Canadian employment law decisions confirm that the expectations of terminated employees often need to be moderated.
Ontario Workplace Legislation Reform: The Saga Continues
Employers should review the amendments proposed by Bill 30 to ensure that they will be ready to comply with the new requirements once the Ontario legislation comes into force.
Canadian Contractors: May Actually Be Employees
Careless use of the independent contractor label can have substantial consequences for employers upon termination.
Canadian Work-Sharing: Special Measures Now In Place
In response to the recent economic hardship caused by U.S. tariffs and related issues, Canada’s federal government introduced the Special Measures for Work-Sharing Program in March 2025.
“Just Joking”: Not Every Cultural Reference is Discriminatory
A recent British Columbia Human Rights Tribunal decision provides a refreshing reminder that there still is scope in the Canadian workplace for well-intentioned humour, and it is not automatically discriminatory if people make cultural or humorous references.
Contractual Severance: Failure to Pay Means Employer Pays More
Employers should be aware of the importance of carefully reviewing employment agreement provisions prior to proceeding with a termination. Failure to pay means employers pay more.
Canadian Employment Settlements: A Deal Is A Deal
A recent Ontario decision confirms that a properly-worded broad settlement agreement will be enforceable. In Preston v Cervus Equipment Corporation, 2024 ONCA 804, the Ontario Court of Appeal closely analyzed the wording of a release signed by a dismissed executive.
Ontario Pay Transparency and Job Postings: New Rules for 2025
Ontario employers will need to review their hiring and documentation practices and procedures in order to ensure compliance with these new rules.
Workplace Investigations: No Requirement to be Perfect
A recent Ontario Superior Court of Justice decision provides helpful guidance on workplace investigations in the context of terminations for cause.
Confidentiality: Not Guaranteed in Canadian Workplace Investigations
There is a strong possibility that a court will not uphold an employer’s promise of confidentiality to its employees in the context of workplace investigations. Employers should closely review their investigation procedures and related policies and adjust their approach accordingly.
“Do Not Hire” Lists: Beware of Canadian Privacy and Disclosure Implications
A recent decision from Nunavut in Canada’s north highlights the perils associated with any such lists, which may be subject to scrutiny in legal proceedings.
Canadian Employee Claims: No Need for Physical Presence to Sue
In the case of global organizations, there may well be co-employment which straddles across international borders. This may be the case even when there is no physical presence in a particular jurisdiction.
Paying Canadian Employees in Crypto: Beware of Compliance Issues
The perils of paying employees in crypto is revealed by a recent Canadian decision.
Forum Shopping Within Canada: What Province Can I Sue You In?
Clarity in contract terms is essential - employers should ensure that forum selection clauses in employment agreements are clear and explicit.
Canadian Human Rights Complaints: Employer “Perfection” Not Required
British Columbia Human Rights Tribunal confirms the standard which employers must follow in handling complaints is “reasonableness” as opposed to perfection.
Employee Sick Notes: Soon Banned in Ontario
Ontario employers will soon no longer be allowed to ask workers for a sick note when they want to use any of their three statutory sick days mandated by Ontario’s Employment Standards Act (ESA).
Ontario Workplace Legislation: Further Amended ESA Rules in Effect and to Come–Further Sequel (s)
The following is a summary of some of the key ESA amendments as a result of Bill 149. All of these changes reinforce the importance of regularly reviewing the documents and processes which employers follow.
Canadian judge: “AI is still no substitute for professional expertise”
AI tools do not allow lawyers to contract out of their professional obligations to the court, clients and others.
Canadian Remote Workers: New Tax Guidance
The emergence of remote work in recent years has created some questions for Canadian employers on a variety of fronts, including in the area of tax compliance.