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Results: 1-10 of 333

The Partridge family status claim: Superior Court applies Johnstone test for discrimination
  • McMillan LLP
  • Canada
  • March 10 2015

In a recent bulletin, we advised readers of the Federal Court of Appeal ('FCA") decision in Johnstone v. Canadian Border Services Agency ("Johnstone"


Ontario government proposes some "strong" changes to workplace laws
  • McMillan LLP
  • Canada
  • August 19 2014

The Ontario government introduced new legislation on July 16, 2014 to amend various employment and labour statutes. The legislation, called the


Settling outside the box: Scotiabank reaches novel deal in overtime class action
  • McMillan LLP
  • Canada
  • August 25 2014

An innovative settlement agreement between the Bank of Nova Scotia ("Scotiabank") and a class of bank branch employees seeking compensation for


Dependent or independent? Some contractors may also be entitled to reasonable notice or pay in lieu of notice
  • McMillan LLP
  • Canada
  • October 1 2014

In Khan v. All-Can Express Ltd., 2014 BCSC 1429, the British Columbia Supreme Court (the "Court") recently confirmed that a contractor providing


E-cigarettes: a hazy status in the workplace
  • McMillan LLP
  • Canada
  • July 17 2014

Electronic cigarettes with nicotine ("e-cigarettes") and cartridges of nicotine solutions are widely available to consumers despite Health Canada's


Three new leaves for Ontario workers to take effect October 29, 2014
  • McMillan LLP
  • Canada
  • July 18 2014

Last August, we advised of proposed amendments to the Ontario Employment Standards Act, 2000, S.O. 2000, c. 41 ("ESA") that would establish three new


Forfeiture provisions in compensation plans not restraints of trade: employers can refuse payment to departed employees
  • McMillan LLP
  • Canada
  • February 13 2014

Executive compensation plans are often designed to both reward past performance and offer a meaningful retention incentive. In the recent decision in


Employment contracts: choice of law not same as imposing jurisdiction
  • McMillan LLP
  • Canada
  • April 24 2015

Many employers and dismissed employees incorrectly assume that the law stipulated in a contract determines where legal proceedings can be commenced


Gotta have (good) faith: wrongful dismissal and aggravated damages in George v. Cowichan Tribes
  • McMillan LLP
  • Canada
  • April 24 2015

In a recent decision of the British Columbia Supreme Court, George v. Cowichan Tribes,1 an employer was faulted both for dismissing an employee for


After-acquired cause for termination
  • McMillan LLP
  • Canada
  • November 21 2014

A salesman was fired because of his poor work performance. He claims, however, that he was a highly skilled salesman and challenges his dismissal by