Leave to Appeal Waksdale Decision
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The highest Canadian court has just confirmed that an invalid “just cause” termination section in an employment contract will also knock out the entire termination section, including the “without cause” section. 

In our earlier blog discussing employment termination packages –Termination Entitlements: Benefits, Bonuses, and Commissions – we promised to keep you updated on 2020’s employment law decision of the year, Waksdale v. Swegon North America Inc. So here we go. 

Leave to Appeal Denied

To recap, Waksdale was a decision from the Ontario Court of Appeal that immediately put termination provisions in jeopardy. In the case, the Court of Appeal found that the employer, Swegon North America, could not rely on their properly drafted “without cause” termination provision, in a without cause termination of their employee, Benjamin Waksdale. The reason is that the  “with cause” provision in the same termination section of his contract was missing certain criteria and did not comply with Ontario’s Employment Standards Act, 2000. We wrote about the decision last summer here.  Continue Reading Waksdale: Now the Final Word on Termination Provisions – Leave to Appeal Waksdale Decision to the Supreme Court of Canada is Denied

Deidre Khayamian called to the barSpringLaw would like to congratulate Deidre Khayamian on being called to the Bar and continuing on with our firm as a 1st-year lawyer.  Deidre has a sharp legal mind,  an elegance with words, an amazing wit, and empathy and compassion for the clients she serves. We know she is going to be a fantastic lawyer and are honoured she has chosen SpringLaw as her legal home.

Deidre graduated from Queen’s University Faculty of Law and after working as a law clerk to support our litigation practice, she completed her articling program with us during 2020. She brings her many years of clerking experience at a large Bay Street firm to her legal practice, giving her a head start on running a practice, working with clients and knowing how to practically solve a legal problem.

Congratulations Deidre. We know being called during a global pandemic lacks all the fanfare you deserve, but please know that we’re cheering wildly from the back of the room! We’re so proud of you and so delighted you’re starting your career as a lawyer at SpringLaw. 

 

A Guide for Employers during COVID-19A Guide for Employers during COVID-19

This Guide sets out the key employment law issues to consider, as well as the government’s financial relief options to explore to get through this deep economic crisis.  (Last Updated January 22, 2021)

Further free resources can be found here.

Should you need legal advice on how to manage your workplace during the COVID-19 outbreak, please get in touch.

ensure your business is compliant during lockdown
Photo by Maxime on Unsplash

As we all now know, Ontario is under a state of emergency and a stay home order. If you are operating a business that is still open, you need to know what you should be doing to ensure that everyone stays safe and in compliance with the law. 

Firstly, everyone should be working from home, unless the nature of their work requires them to be on site. 

Only businesses on this list can be physically open.  Continue Reading Lockdown Rules if Your Business is Open

Emily Siu has joined SpringLawWe are so thrilled that Emily Siu has joined the SpringLaw team! Emily is in her second year of lawyering and comes from a litigation background to help grow and support our employment litigation practice.

She has appeared before the Small Claims Court and Ontario Superior Court of Justice and successfully represented domestic and international insurers at settlement conferences, mediations, hearings, private negotiations, and motions. It turns out Emily is also super skilled at tricky drafting and complex legal terms, so really, the full package.

During law school at Queen’s, Emily helped build and transform the school’s social media approach for attracting a diverse class of students, and she continues to volunteer on a not-for-profit experimental film and new media board.  She brings her creative soul to each legal problem she solves.

We’re delighted she has joined SpringLaw and can’t wait for our clients to meet her.

State of Emergency measures for employers
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Inclined to believe better days are ahead of us, most of us couldn’t wait to see the end of 2020. While we’re still getting used to writing the new year, 2021 is already off to a rough start with the best news ahead not expected until September 2021 by which time we’re told we can expect that most Canadians will have been vaccinated. 

On January 12, 2021, with public health and financial recovery still in jeopardy, the Ontario government, under the advice of the Chief Medical Officer of Health, announced its latest emergency response measures. Here are the key developments for Ontario employers. Continue Reading Ontario’s Latest Emergency Response: Key Developments for Employers

stressed out workplaceJoin SpringLaw’s Lisa Stam on Thursday, January 21st at Benchmark Benefits Solutions‘* first-ever free virtual workplace summit empowering Finance, HR, Wellness, and Community across Canada, to help us thrive in 2021.

Lisa will be discussing how to manage and protect a stressed-out workplace.

Thursday, January 21st, 12:00-2:00 pm

Click here to register today!

Expert-led discussions, breakout sessions and live networking opportunities, featuring discussions with SpringLaw’s Lisa Stam, Mark Coutts (VP, Group Savings at Benchmark Benefits), Dr. Jennifer Hendry-Lynn (Naturopathic Doctor), and Stachen Frederick (ED, Weston Frontlines Centre).  Comedic relief will be provided by Marc-Anthony Sinagoga (Comedian & Founder of Funnyman Inc.).

* Benchmark Benefits Solutions is an employee benefit and pension consulting firm, providing the ultimate in health care solutions, supporting the mental and physical well-being of Canadians.

First Reference blog top 10
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SpringLaw is a regular and long-time contributor to First Reference’s* blog First Reference Talks. We are very happy to be a member of this community of subject-matter experts and professionals, which aims to help small to medium-sized businesses stay abreast of news and discussions on Human Resources, Employment Law, Payroll and Internal Controls. 

In 2020, Covid-19 was, of course, top of mind for all employers and a topic we regularly wrote about for First Reference and our own SpringLaw blog followers.  We are thrilled to have two of our First Reference blog posts among their Top 10 most-read blog posts for 2020! Continue Reading SpringLaw’s contributions among top 10 First Reference blog posts in 2020

Ontario lockdown January 2021
Photo by Glen Carrie on Unsplash

Happy New Year to our readers! In Ontario, we begin the new year in yet another lockdown situation, which has forced many many small businesses to switch back to curbside pick-up only or, in some cases, stop operating. In southern Ontario, the lockdown will remain in effect until at least January 23, 2021. Full details of the lockdown rules can be found in O. Reg. 779/20, which came into effect on December 26, 2020.  

Staying Open? Make A Safety Plan!

For businesses that remain open and in-person, employers are required to prepare and make available a safety plan. Physical distancing and applicable capacity limits, as set out in O. Reg. 779/20 must be followed.  Continue Reading Ontario’s Latest Lockdown and a New Grant for Small Businesses