Written by Jenna B. Smith, Associate in Fredericton As explained recently by the Ontario Court of Appeal decision Titus Steel Company Limited v. Hack, 2025 ONCA 693 (CanLII), even when a former employee breaches their post-employment obligations, the breach may not give rise to damages. Even worse, the Employer can be ordered to pay costs […]
Written by Erin Mitchell, Associate in Halifax. On June 23, 2025, we reported on our expectations for Nova Scotia’s new Mandatory Harassment Prevention Policy regulations. We are pleased to update that the long-awaited regulations were published on August 22, 2025 in the Royal Gazette Part II and will soon be added as Part 27 of […]
Originally produced for Advocates for Employers of Canada (AEC) on June 5, 2025 By AEC Federal Sector Group under insights. Written by Jessica Bungay and Jenna Smith. The Canada Labour Code (the “Code”) may soon require federally regulated employers to review the wage rates of certain employees under the Equal Treatment Wage Rate Rules. These changes would […]
Written by: Matthew K. LeBlanc What happens when a company terminates someone who is both an employee and a shareholder? In Kirke v Spartan Controls Ltd, 2025 ABCA 40 (“Spartan Controls”), the Alberta Court of Appeal reiterated the distinction between a person’s employment rights and their shareholder rights, and held that the payments owed upon […]
The duty to accommodate an employee with childcare responsibilities is not unlimited. The recent decision of Aguele v. Family Options Inc., 2024 HRTO 991[1] from the Human Rights Tribunal of Ontario (“HRTO”) provides some insight for employers responding to requests for schedule changes from employees with childcare responsibilities. Case Summary: The employer provided housing and […]
For non-unionized employees, having employment contracts in place is imperative to limit liability and uncertainty. In addition to controlling entitlements upon termination of employment, well drafted employment contracts can also limit other sources of liability for employers, which can surface even following the end of employment. It is not just the wording of the contract […]
Introduction Artificial intelligence holds the promise of delivering new waves of efficiency and productivity in the workplace, but it also carries risk for employers who don’t mitigate operational, reputational, and legal risks associated with unauthorized use. Generative AI platforms such as ChatGPT, Google Gemini, and Microsoft Copilot are free tools at the fingertips of employees. […]
A recent decision from western Canada gives employers confidence that circumstantial evidence can be relied on to justify the termination of an employee for time theft. The decision also provides support for categorizing time theft as theft in the ordinary sense of the word, for disciplinary purposes. Time theft is generally understood as the falsification […]
Another year, and more important legal developments in the employment and labour fields. Below we have summarized what we believe are the top 10 Canadian employment and labour decisions of 2023 (with an 11th thrown in for good measure) that employers should be aware of: R v Greater Sudbury (City), 2023 SCC 28 Split decision […]
GM v JG, 2023 NBKB 57 Justice Danys R.X. Delaquis Subject Matter: Parenting Orders | Jurisdiction The parties have a 5-year-old child, who was born in New York. The Applicant is a Canadian citizen living in Saint John and the Respondent is an American citizen living in New York. The child has dual citizenship. The […]