Ontario judge denies certification in overtime class action - individual nature of issues incapable of resolution on a common basis *

Canada - May 7 2012
In Brown v. Canadian Imperial Bank of Commerce, Justice Strathy of the Ontario Superior Court of Justice examined the plaintiff’s motion to certify the proceeding as a class action under the Class Proceedings Act, 1992 on behalf of a class of employees of the defendants Canadian Imperial Bank of Commerce and CIBC World Markets Inc.

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Ministry of Labour announces safety blitz for March 2012 *

Canada - March 9 2012
The Ministry of Labour has announced the targeted safety blitz for the month of March 2012.

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Court finds a failure to mitigate by employee refusing an offer of employment on the same terms from new owners of a purchased business *

Canada - February 7 2012
In the recent Court of Appeal for British Columbia (BCCA) case of Silva v. Leippi, the Court upheld the trial decision that a wrongfully dismissed employee was not entitled to damages.

Co-authors: Tiffany Wong.

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A termination under statute is a termination for all purposes *

Canada - January 16 2012
In Elsegood v. Cambridge Spring Service (2001) Ltd., the Ontario Court of Appeal examined whether termination due to length of lay-off under the Employment Standards Act, 2000 also qualifies as termination at common law.

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Alberta Court of Appeal finds restrictive covenants are not enforceable against a wrongly dismissed employee, considers "consideration" *

Canada - November 14 2011
In Globex Foreign Exchange Corp. v. Kelcher, the Alberta Court of Appeal released a decision with several important implications for employers.

Co-authors: Gary T. Clarke, Michael D. Smith.

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