Filion Wakely Thorup Angeletti LLP

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ONCA Decision Potentially Limits Use of Summary Judgment for Wrongful Dismissal Claims

November 9 2016 The Ontario Court of Appeal, in a decision released November 3, 2016, has indicated that summary judgment motions may not be an appropriate avenue for…

Prison Sentence for Construction Project Manager

January 21 2016 For the first time in Ontario, an individual charged under the Bill C-45 provisions of the Criminal Code (the “Code”) has been sentenced to serve…

An Agreement to Sign at a Later Date Does Not Constitute Valid Consideration

May 20 2016 In Holland v. Hostopia.com Inc., (2015 ONCA 762) (“Holland”), the Ontario Court of Appeal held that an employment agreement that was executed after…

Recent Supreme Court of Canada Decision Used to Expand Employer’s Duty of Good Faith

February 18 2016 On its face, the Supreme Court of Canada's decision in Bhasin v. Hrynew, 2014 SCC 71 ("Bhasin") does not seem particularly relevant to Canadian…

Bill 12: Ontario Passes New Legislation Protecting Employees’ Tips and Gratuities

January 28 2016 The Ontario Legislature recently passed the Protecting Employees’ Tips Act, 2015 (“Bill 12”) and it received Royal Assent on December 10, 2015. Bill…

Ontario Superior Court of Justice Upholds School Board’s Decision to Deny Permission to Remove Children from Class to Avoid “False Teachings”, Dismisses Charter Breach Claim

December 9 2016 On November 23, 2016, the Ontario Superior Court of Justice (the “Court”) released its decision in E.T. v. Hamilton-Wentworth District School Board…

Another Prison Sentence for Health and Safety Violation

November 28 2016 Earlier this year, we wrote about a project manager who received a prison sentence for his involvement in a workplace accident. The accident occurred…

ONCA Decision Potentially Limits Use of Summary Judgment for Wrongful Dismissal Claims

November 9 2016 The Ontario Court of Appeal, in a decision released November 3, 2016, has indicated that summary judgment motions may not be an appropriate avenue for…

“The Test For Discrimination Is The Same In All Cases”: Human Rights Tribunal of Ontario Expands Scope of Family Status Discrimination

November 7 2016 In a recently released decision, the Human Rights Tribunal of Ontario (the “Tribunal”) appears to have rejected the Federal Court of Appeal’s test for…

Ontario Court Finds Employment Termination Provision Limiting Notice to Specified Amounts Unenforceable Based on Failure to Expressly Exclude Entitlement to Common Law Notice

November 3 2016 In Canada, there is a common law presumption that employment may be terminated only upon the provision of reasonable notice. However, this presumption…