Q&A: Suspected use of marijuana in the workplace
With medicinal marijuana already being prescribed by doctors and the upcoming legalization of recreational marijuana just around the corner, this question addresses a real concern shared by many employers across Canada.
Ava Z Moradi, JD
7 minutes read
July 6, 2018 
The double “financial” jeopardy of HRTO damages against the employer
An employer named in a Human Rights Tribunal of Ontario Application, if decided against, may be responsible for both wage loss and most likely general damages.
Kevin Sambrano, Sambrano Legal Services
4 minutes read
May 22, 2018 
The 9 top workplace posting requirements every Ontario employer must know – with the latest requirements
Employers in Ontario have to post a lot more than just the Ministry of Labour’s Employment Standards Poster in their workplaces. You may be required to have 30 or more documents and posters displayed in a location (or locations) where all your employees can see them. Employers may have posting responsibilities under the following Acts: […]
Fred Stewart
Improve internal controls over fixed assets (Part 1)
Many organizations face challenges with recording and physically safeguarding fixed assets. Organizations must also meet disclosure and other requirements when they prepare audited or other financial statements, corporate tax returns (applicable to for-profit organizations) and T3010 Registered Charity Information Returns (applicable to charitable organizations). Accounting processes and procedures must facilitate these activities.
Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons)
What happens to employment contracts when an employer sells the assets of its business?
The Court of Appeal for Ontario has confirmed that in an asset sale, a purchaser’s offer of employment to a seller’s employee can constitute consideration for changes in an employment contract — including a new termination clause.
Rudner Law, Employment / HR Law & Mediation
3 minutes read
April 6, 2018
Claiming constructive dismissal as an independent contractor
Can independent contractors claim damages for constructive dismissal? In a decision released March 7, 2018 by the Ontario Superior Court of Justice, Barresi v Jones Lang LaSalle Real Estate Services, Inc., 2018 ONSC 837, the answer to that question was essentially yes. Facts The case concerned a commercial real estate broker, Barresi, who was retained […]
Occasional Contributors
17 minutes read
March 20, 2018 Employee forfeits $115,000.00 in bonuses by resigning; active employment clause valid
A bonus policy may state that employees who are eligible for bonuses must also be actively employed to receive their bonus payments. That is, employers may institute an “active employment clause”. Courts will uphold valid active employment clauses, as demonstrated by Bois v. MD Physician Services Inc., 2017 ONCA 857 (CanLII). MD Physician Services Inc. […]
Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons)
Family Day February 19: Which provinces have a day off with pay?
In Alberta, Manitoba, Nova Scotia, Ontario, Prince Edward Island, Saskatchewan and New Brunswick, Family Day is recognized as a public (statutory) holiday and employees get the day off with pay, if eligible. Each year, these provinces celebrate Family Day on the third Monday in February. In 2018, Monday, February 19 is Family Day.
Marie-Yosie Saint-Cyr, LL.B. Managing Editor
Before the duty to accommodate, the duty to inquire
If the duty to accommodate is a well-known concept, the duty to inquire is a fuzzy notion. The principle is that an employee seeking accommodation for a disability is under a duty to disclose sufficient information to her employer to enable it fulfill its duty to accommodate.
De Bousquet PC Barristers and Solicitors
