Weilers LLP

The Character of the Employment

June 1, 2021 By Brian Babcock The criteria for determining the appropriate notice period for an employee dismissed without cause are well-established as including length of service; the age of the employee; the availability of similar employment; and the “character of the employment”. We see many cases in which length of service is the focus. […]

Mitigation Efforts Must Be Reasonable

May 5, 2021 By Brian Babcock Mitigation is the legal term that reflects the obligation of any Plaintiff to take all reasonable steps to reduce their loses.  This results in savings for the at fault defendants. Mitigation after termination of an employee is often an issue that the employer feels strongly about. Typically, however, most […]

Employees and the Oppression Remedy

April 30, 2021 By Brian Babcock Terminated employees generally are not “complainants” who are allowed to bring a claim for an oppression remedy under the Ontario Business Corporations Act section 248. We have written recently on the topic of the oppression remedy, and especially the need to demonstrate “reasonable expectations” which have been ignored. Before […]

Whistleblowers and Private Interests: Who do you trust?

April 30, 2021 By Brian Babcock Non-beneficiaries are not allowed to sue to enforce trusts. This includes an ex-employee of a corporate trustee. The Court of Appeal affirmed this in a judgment which reviews many essential concepts of trusts law and remedies, but should also be of interest to any employers at risk of extraordinary […]

Buyer Beware: Employment After Share Sale

April 6, 2021 By Brian Babcock Employment contracts related to commercial transactions remain employment contracts and employment law applies. You should not ignore this if you are involved in a purchase and sale transaction, or any terminations after the sale. Ontario courts continue to find in favour of employees on termination of employment issues. In […]

The Cost of Not Investigating Harassment Complaints

March 21, 2021 By Brian Babcock Failure to conduct a proper workplace investigation in response to a harassment complaint may be expensive. Ontario employers have an obligation to maintain a safe workplace under the Occupational Health and Safety Act. Harassment explicitly makes for an unsafe workplace. There is a similar obligation under the Human Rights […]

Corporations, Charter Rights, and Cruelty

March 7, 2021 By Brian Babcock A corporation may be treated like a natural being for many purposes in the law, but not when it attempts to claim the protection of the prohibition against “cruel and unusual punishment” in the Canadian Charter of Rights and Freedoms. The issue was decided by the Supreme Court of […]

Termination Clauses and Construction Workers

March 3, 2021 By Brian Babcock Ontario Courts REALLY dislike termination clauses in employment contracts which attempt to limit how much an employee may receive upon termination. I have written on this topic previously.  Another recent case is a fresh example that makes this point even more clear. The construction industry is known for its […]

Unsettling Settlements

December 23, 2020 By Nick Melchiorre Careful drafting of your settlement agreements may avoid future grief, legal expense, uncertainty and delay. Poor drafting may even make your settlement vulnerable to being reopened. If it is a settlement you reach without lawyers, this is particularly problematic; but even if you have a lawyer, they need your participation […]

Constructive Dismissal and Bonus Payments

November 30, 2020 By Brian Babcock A senior executive who is constructively dismissed is entitled to a bonus he would have earned during a period of reasonable notice, the Supreme Court of Canada has confirmed. Other portions of their ruling may also increase payments to departing employees. Some issues are left open for future cases, increasing […]