Legal practice

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Remote work is here to stay, creating complexity when it’s time to end the relationship. If you’re thinking of ending a remote employee’s contract, you’ll need to check more than just their performance. Where they live, what’s in their contract,  dealing with their equipment and how you deliver the news all matter. 

1. Know the Jurisdiction
Most employment relationships in Canada are governed by local provincial or territorial law, with the remaining government by federal law. That means the Employment Standards Act (ESA) that applies depends on where the worker lives — not necessarily where your business is based. So, if your company is in Ontario but your remote employee lives in BC, BC’s ESA applies.

Continue Reading Terminating a Remote Employee 

As tensions rise between the United States and Canada (and other countries), many American businesses are reevaluating their global strategies.

The evolving U.S. trade policy, marked by tariffs, export restrictions, and geopolitical uncertainty, has pushed companies to seek more stable and accessible markets. Enter Canada: a relatively politically stable, resource-rich, and business-friendly country with a skilled workforce and strong legal framework.Continue Reading Crossing North: A Playbook for U.S. Employers

As Ontario employers gear up for summer and bring fresh talent into the workplace, many consider hiring interns to support short-term projects or provide students with real-world experience.

But beware: not every “intern” is exempt from Ontario’s Employment Standards Act (ESA). Misclassifying a worker as an unpaid intern when they are legally an employee can expose your organization to significant liability. 
Here’s what you need to know to avoid misclassification and stay on the right side of employment law.Continue Reading Summer Interns or Employees? Avoiding Misclassification in Ontario

What Employers Can and Can’t Deduct from Employee Wages in Ontario

Accurate payroll management is essential for employers in Ontario. A common question is: What can we legally deduct from an employee’s wages? The short answer—very little, unless the employee has agreed, or the law requires it.

Ontario’s Employment Standards Act, 2000 (ESA) sets strict rules on wage deductions. However, some recent Ontario Labour Relations Board (OLRB) decisions have conflicting interpretations regarding whether employers can deduct overpaid vacation pay. Because OLRB decisions are not binding on courts, the law on this issue remains unsettled.Continue Reading I Overpaid My Employee: What Now?

The threat, uncertainty and financial hardship of U.S. tariffs are causing significant disruption for Canadian businesses – shrinking profit margins, reducing demand, and forcing difficult staffing decisions.

If your business is facing economic uncertainty due to tariffs, temporary layoffs might seem like a reasonable solution. However, employment laws in Canada impose strict rules on layoffs, and missteps can result in unintended liability.Continue Reading Tariff Turmoil? Temporary Layoff Tips for Canadian Employers

Introduction

For those who navigated the corporate world during the COVID era, the concept of “work from home” is nothing new. In 2025, a new reality is beginning to emerge: the “work from anywhere” (“WFA”) Era – where employees aren’t just working remotely but are also working across borders, time zones, and tax jurisdictions. 

The WFA concept has moved from a niche perk to a mainstream policy in many industries. With employees seeking greater flexibility and companies leveraging global talent, the rise of digital nomadism and remote work across borders is accelerating. Continue Reading From Boardrooms to Beaches: The Rise of “Work-From-Anywhere” Employment in 2025

Determining appropriate common law notice periods for short-service employees remains one of the most debated topics in Ontario employment law. This is especially so when those employees are senior-ranking employees or executives. While long-service employees often expect generous notice periods, recent case law continues a long-evolving trend of courts willing to award significant notice to short-service employees. Continue Reading Common Law Notice Periods for Short-Service “Executives”: Trends from 2023-2025

Hiring workers like nannies, doulas, housekeepers, or gardeners can make life a lot easier for Ontario households, but it’s critical to understand the legalities involved. A key issue is whether the worker is an employee or an independent contractor. Misclassification can lead to financial liabilities, tax issues, and legal disputes.Continue Reading Hiring Workers for Your Household in OntarioHiring Workers for Your Household in Ontario

As the holiday season approaches, it is a good time to revisit lessons from highly pertinent employment law cases. One case that stands out is Matthews v. Ocean Nutrition Canada Ltd. (“Matthews”), which serves as a key reminder for employers regarding bonuses, commissions, and shares potentially owed to employees after termination.

Although this case was decided a few years ago, the principles remain highly relevant, particularly during the end of the year when many employers are planning reviews of compensation plans for the following year and paying out holiday bonuses. Continue Reading All I Want for Christmas Is… My Bonus (Even After Termination!)

The holiday season is a time when many employers want to show appreciation to their employees. Gift cards are a popular and convenient choice for recognizing hard work and spreading some seasonal cheer.

But employers need to be aware of the employment and tax implications of gifting gift cards, especially here in Canada. Missteps can result in unintended financial consequences for both the employer and the employee.

If you’re planning to hand out gift cards this year, here’s what you need to know.Continue Reading Keeping Gift Giving Jolly: How Employers Can Avoid Tax Surprises