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Ontario Court of Appeal

Top 10 most significant employment law cases in Canada for women

In light of International Women's Day back on March 8, 2015, Legal Feeds, the Blog for Canadian Lawyer & Law Times published a list of the most significant court decisions for women in the workplace over the last 25 year, as compiled by the lawyers at Rubin Thomlinson LLP in Ontario. Here is the firm's top 10 list:  read more »

Director of company breached fiduciary duties in approving own excessive compensation package

In Unique Broadband Systems, Inc. (Re), 2014 ONCA 538, the Ontario Court of Appeal ruled that a director of a company breached his fiduciary duties in approving an excessive compensation package for himself and the other directors and that his actions were not protected by the business judgment rule.  

"To Pay Vacation Pay, Or Not Pay Vacation Pay: That Is The Question "

Two lawyers at McMillan - Paul Boshyk and George Waggott - have written an article for the firm's January 2014 labour and employment bulletin, "To Pay Vacation Pay, Or Not Pay Vacation Pay: That Is The Question".

The article addresses the obligation to compensate a dismissed employee for vacation pay over the notice period. The authors focus on the following Ontario cases:

  • Cronk v Canadian General Insurance Co., (1995), 25 OR (3d) 505 (ONCA) 
  • Garvin v Rockwell International of Canada Ltd., 1993 CarswellOnt 966 (Ct J (GD)) 
  • Emery v Royal Oak Mines Inc., 1995 CarswellOnt 456 (Ct J (GD))

Ontario appeal court discusses when a poisoned work environment can give rise to a constructive dismissal

In General Motors of Canada Limited v. Johnson, 2013 ONCA, the Ontario Court of Appeal discussed the legal test for when a poisoned work environment can give rise to a constructive dismissal. Specifically, it stated:  read more »