JTC Litigation | Workplace Law @jtclitigation
An employment law boutique asserting and protecting the legal rights of employees, businesses, and non-profits in workplace disputes. jtclitigation.com Toronto, Ontario Joined September 2020-
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Our office will be closed on Monday, October 14th. Wishing our followers a restful long weekend.
Please note our office will be closed on the 26th, 27th, 30th and January 2, 2023. Happy Holidays from Jennifer and staff!
ER cancellation of EE's vehicle and vehicle allowance, which EE enjoyed for 7 years, marked a significant change to his employment and constituted constructive dismissal. Quesnelle v. Camus Hydronics Ltd., 2022 ONSC 6156 Link: canlii.ca/t/jsqd0
ONCA rules "salary" includes discretionary annual performance-based bonus, overturns trial judge's finding. Nader v. University Health Network, 2022 ONCA 856 Link: canlii.ca/t/jtdtf
Federal Court holds that unjust dismissal adjudicators under the CLC cannot order an ER to reinstate an unlawfully dismissed EE to a different position other than the one the EE held. Miawpukek First Nation v. Howse, 2022 FC 1501 Link canlii.ca/t/jst5m
No claim for vicarious liability against an ER regarding a claim for sexual harassment alleged by an EE against a colleague, as there is no recognized tort of sexual harassment. Incognito v. Skyservice Business Aviation Inc., 2022 ONSC 1795 Link: canlii.ca/t/jnbgf
No just cause for surreptitious recordings. No written policy on recording conversations + EE had a right to be wary due to power imbalance and alleged ER was unilaterally altering his employment terms & disciplining him. Rooney v GSL Chevrolet Cadillac Ltd, 2022 ABKB 813
McMaster’s co-counsel George Avraam says the court’s decision sets the framework for other employers, particularly universities and colleges, to have a mandatory vaccine policy. hubs.ly/Q019YbzW0
Filing through Civil Submissions Online, Family Submissions Online or Small Claims Court Submissions Online? 1/3
TDSB's mandatory vaccination policy upheld in arbitration and found that it does not violate s. 7 of the Charter. Decision: hicksmorley.com/wp-content/upl…
Divisional Court – Revised notice contains new processes for determining mode of hearing (in person or virtual). Also contains CaseLines updates and procedures for Landlord and Tenant Board appeals. Link here: ontariocourts.ca/scj/notices-an…
The Court’s Participant Information form has been updated. It now replaces counsel slips. It continues to be required in hearings using CaseLines and can be used in other in-person, hybrid and virtual hearings. You may find it under “Other Documents”: ontariocourts.ca/scj/notices-an…
Surreptitious recordings a factor in just cause termination. Shalagin v Mercer Celgar Limited Partnership, 2022 BCSC 112 canlii.ca/t/jlzsw
"We're rewarding businesses that keep their workers safe...and putting $1.5 billion back into the economy almost overnight which will create more jobs and lead to higher paycheques for workers.” torontosun.com/news/provincia…
CaseLines notice amendment (Part C., para. 7) clarifies when proof of service must be uploaded to CaseLines in civil matters: ontariocourts.ca/scj/notices-an…
AJ L. La Horey quashes three Rule 39.03 summonses to witness in respect of a forthcoming pleadings motion (seeking to incorporate after-acquired cause) deeming it a fishing expedition and an abuse of process. Harding v Fairwater Capital Corporation: canlii.ca/t/jm3cv

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