Miller v. AlayaCare Inc.: Lessons on Termination Clauses, Inducement, and Employer Risk
The Ontario Superior Court’s recent decision in Miller v. AlayaCare Inc. serves as a crucial reminder for employers about the enforceability of termination clauses and the potential impact of inducement in wrongful dismissal cases. Despite only six months of service, the plaintiff was awarded a 14-month notice period, highlighting the risks associated with improperly drafted employment agreements and recruitment practices.
Best practices for small business owners hiring contractors
Hiring contractors can be a cost-effective way for small businesses to manage workload fluctuations and access specialized skills. However, misclassifying employees as independent contractors can lead to significant legal and financial repercussions. We prepared the following best practices to help small business owners navigate this complex area and ensure compliance with the Employment Standards Act, 2000 (ESA).
Cautionary tale: HRTO penalizes citizenship-based wage discrimination
In L.N. v. Ray Daniel Salon & Spa, 2024 HRTO 179, the Ontario Human Rights Tribunal (HRTO) issued a significant ruling, finding that paying non-citizen workers below minimum wage is unlawful citizenship-based discrimination, highlighting the serious consequences for employers who exploit vulnerable newcomers.
Implementing Ontario's Working for Workers Four Act, 2023: what employers need to know
Ontario's Working for Workers Four Act, 2023, introduces significant changes that impact all employers. From new requirements for job postings to updated wage protection rules and enhanced benefits for injured workers, these updates demand immediate action. Discover the essential steps you need to take to ensure compliance and effectively adapt to these new regulations. Read on to stay ahead of the curve and safeguard your organization against potential pitfalls.
4 Essential legal services for artists
This blog will cover four essential legal topics that should be on every artist's radar. Whether you're an emerging talent or a seasoned professional, getting acquainted with these key legal services can spare you from a tangle of complications in the future.
No limitation period to launching a sexual assault lawsuit
While most civil suits in Ontario have a limitation period of 2 years, amendments came into force in 2016 that carved out an exception for sexual assault claims, such that there is no limitation period, giving victims more protection since many need time to come forward with their claims.
Cyber defamation fallout: toronto man faces 4.7m damages
On June 27, Tanvir Farid, a Toronto man, found himself ordered to pay $4.7 million in damages to 53 plaintiffs in a case marking Canada’s largest defamation award.
Innocent online connection turned into a nightmare of cyber stalking and online harassment?
Read on to learn more about the emerging legal protections against online harassment and what you can do to safeguard your digital well-being.
Novel tort of intrusion upon seclusion
Jones v. Tsige, a 2012 landmark decision in Canadian privacy law, set a precedent that recognizes the tort of intrusion upon seclusion. The Court's decision laid down a framework for the intrusion upon seclusion tort, identifying three crucial elements for its establishment.