Big Changes in Small Claims: What You Need to Know
Ontario is raising the Small Claims Court monetary limit from $35,000 to $50,000 in October 2025, allowing more individuals and small businesses to resolve disputes affordably without turning to the Superior Court. While the change promises faster, more accessible justice, it also risks worsening existing delays unless the court system receives much-needed staffing and infrastructure upgrades.
Ontario Court Confirms Enforceability of ESA-Only Termination Provision
Employers and employees in Ontario have long been permitted to contract out of common law notice entitlements, provided their agreements meet or exceed statutory minimums under the Employment Standards Act, 2000 (ESA). However, in recent years, courts have closely scrutinized termination provisions, leading to increased uncertainty for employers.
The recent Ontario Superior Court of Justice decision in Bertsch v. Datastealth Inc., 2024 ONSC 5593, provides welcome clarity, reaffirming that properly drafted termination provisions will be enforced—even when they limit an employee’s entitlements to ESA minimums. The decision also demonstrates how employers can use procedural tools like Rule 21 motions to resolve contractual interpretation disputes efficiently.
Tariffs, Trade Wars, and Temporary Relief: How Work-Sharing Saved Canadian Jobs
In the wake of the ever-escalating “trade war” between the United States and Canada, Canadian industries are facing mounting economic pressures. The imposition of these tariffs highlights the vulnerability of Canadian workers to trade policy, and the direct impact of these tariffs on everyday working Canadians. As a response, the Canadian government imposed an expansion of the federal Work-Sharing Program (the “Program”) under the Employment Insurance Act.
CRA Clarifies Reporting for Employment Settlements
In 2023, the federal government broadened the scope of reportable transactions under mandatory disclosure rules, sparking considerable concern among employment lawyers about how these changes might affect settlement agreements involving general damages and the associated reporting requirements to the Canada Revenue Agency (CRA). This article provides an update on these concerns in light of the federal government's recent clarifications.
Employer Held Vicariously Liable for Employee’s Foul Mouth
An Ontario employer was vicariously liable for its male employee’s discriminatory conduct toward his female colleague and was ordered to pay damages for injury to the female employee’s injury to dignity, feelings, and self-respect.
Preferences vs. Needs: Human Rights Tribunal Finds Limits on Accommodation for Family Status
A recent decision, Aguele v. Family Options Inc. 2024 HRTO 991 (CanLII) from the Ontario Human Rights Tribunal makes it clear that the duty to accommodate employees on the basis of family status is not unlimited when it comes to scheduling hours of work.
The Role of Paralegals in Small Claims Courts in Ontario: A Cost-Effective Solution for Clients
In Ontario, the Small Claims Court is an important component of the court system, providing a simple and accessible venue for resolving disputes involving lesser sums of money. Paralegals play an important role in making this procedure more comprehensible and cost-effective.
Court of Appeal Sends Expensive Message to Employer For Termination Post-Medical Leave
The recent decision of Krmpotic v. Thunder Bay Electronics Limited, 2024 ONCA 332, involves an employee with 30 years of service that was terminated the day he returned from a medical leave following back surgery.
Another Legal Update! Ontario Tables Working for Workers Five Act, 2024 (aka Bill 190).
On May 6, 2024, the Ontario government set in motion Bill 190, the Working for Workers Five Act, which builds on the previous four “Working for Workers” Bills.
Refusal to Vaccinate Can Lead to Frustration of Contract
In Croke v. VuPoint System Ltd., 2024 ONCA 354, the Ontario Court of Appeal upheld a lower court ruling dismissing a wrongful dismissal claim by an employee who was terminated after refusing to comply with a vaccination policy.
Termination Provisions Scrutinized in Dufault Case
A recent decision of our Superior Court out of Thunder Bay has caught our attention (and the attention of most employment lawyers) as another example of the court broadening the application of the Ontario Court of Appeal’s 2020 Waksdale case.
The Side Effects of Moonlighting During Working Hours
With the increase in remote and hybrid work arrangements, employers are increasingly being faced with situations where employees have taken on “side hustles” or “side gigs.” In Dove v Destiny Media Technologies Inc., 2023 BCSC 1032, the Supreme Court of British Columbia found that an employer had “just cause” to terminate a full-time employee who worked on a side business during working hours.
Recent Updates in Ontario Employment Law
The Ontario Government tabled Bill 149, Working for Workers Four Act, 2023 (“Bill 149”) on November 14, 2023.
Employers Beware: Revisions to Hiring Policies May Be Needed
In the recent decision of Imperial Oil Limited v Haseeb, 2023 ONCA 364, the Ontario Court of Appeal restored the Ontario Human Rights Tribunal decision which found that Imperial Oil had discriminated against Muhammad Haseeb (“Haseeb”) by requiring proof of Canadian Citizenship/Permanent Residency as a condition of employment.
File Your Accessibility Compliance Report By December 31, 2023
It’s hard to believe it, but we’re already in the final quarter of 2023. Reader, if you’re anything like me, you’ll blink, and the end of the year will be here just like that. But don’t blink just yet: before we can wrap up 2023, we’ve got deadlines to meet.
Time to Revisit Your Company’s Vacation Policy…
Vacation entitlements in Ontario can be tricky because of the minimum entitlements in Ontario’s Employment Standards Act, 2000 (“ESA”) and the reality that many employers provide a greater right or benefit than the ESA minimums.
Upcoming CLC Changes Impose New Obligations on Employers
Amendments to the Canada Labour Code (the “Code”) that first received royal assent on December 13, 2018, with a to-be-determined coming into force date, are now slated to soon come into force – imposing new obligations on federally regulated employers in the process
Employers, Review Those Employment Agreements!
Since the 2020 decision in Waksdale v Swegon North America Inc., 2020 ONCA 391 (“Waksdale”), it has been more difficult for employers to argue the termination provisions in their employment agreements are enforceable.
New Licensing Regime for Temporary Help Agencies and Recruiters Now In Force
As of July 1, 2023, Ontario will require temporary help agencies (THAs) and recruiters to participate in a new licensing regime as part of the Ontario Employment Standards Act, 2000 (the “ESA”).
Inclusivity in the Workplace
In honour of Pride Month, today’s blog post addresses the unique responsibilities of employers in ensuring they make efforts to develop an inclusive workplace environment for members of the 2LGBTQIA+ community.