Court confirms: precise wording can limit severance to ESA minimums
When it comes to termination clauses, a single word can make the difference between a modest payout and a significant severance award. The Ontario Court of Appeal’s recent decision in Bertsch v. Datastealth Inc. (2025 ONCA 379) is a reminder that airtight drafting can protect employers, while unclear wording can expose them to major liability.
Mitigation in wrongful dismissal: Court of Appeal raises the bar for employers
When a long-serving employee is dismissed, the law requires them to take reasonable steps to look for new work. This is called the “duty to mitigate.” But what happens when an employer argues that the employee didn’t try hard enough? The Ontario Court of Appeal recently gave a clear answer in Pateman v. Koolatron Corporation, 2025 ONCA 224.
Ontario Small Claims Court limit increasing to $50,000 – what it means for you
Big news for individuals and small businesses seeking justice without the high costs of Superior Court: as of October 1, 2025, the monetary limit for Ontario’s Small Claims Court will increase from $35,000 to $50,000.
What happens to your rights if your employer shuts down?
When a company closes its doors, employees are often left wondering: What happens to my pay, benefits, and severance?
Who owns the patient? What happens when a professional leaves a practice
In Coscarella Dentistry Professional Corporation v. Harvey, 2025 ONCA 118, the Ontario Court of Appeal considered what happens when a professional leaves a practice and informs patients of the move.
Miller v. AlayaCare Inc: Lessons on termination clauses, inducement, and employer risk
The Ontario Superior Court’s recent decision in Miller v. AlayaCare Inc. serves as a crucial reminder for employers about the enforceability of termination clauses and the potential impact of inducement in wrongful dismissal cases. Despite only six months of service, the plaintiff was awarded a 14-month notice period, highlighting the risks associated with improperly drafted employment agreements and recruitment practices.
What to do if your insurance claim is denied
Receiving a denial letter from your insurance company can be frustrating and overwhelming, especially when you’ve been paying premiums expecting protection when you need it most. Whether it’s a life insurance policy, disability claim, home insurance, or other coverage, it’s important to know that a denied claim doesn’t always mean the end of the road.
Employers must investigate workplace harassment — even without a complaint
The Ontario Divisional Court recently made this crystal clear in Metrolinx v. Amalgamated Transit Union, Local 1587 (2024 ONSC 1900). In this case, offensive messages about female employees were shared in a private group chat outside of work. One affected employee who saw the messages did not want to file a complaint, but the employer investigated anyway.
When the matter went to court, the Divisional Court confirmed that once harassment is known to the employer, the obligation to investigate is triggered.
Best practices for small business owners hiring contractors
Hiring contractors can be a cost-effective way for small businesses to manage workload fluctuations and access specialized skills. However, misclassifying employees as independent contractors can lead to significant legal and financial repercussions. We prepared the following best practices to help small business owners navigate this complex area and ensure compliance with the Employment Standards Act, 2000 (ESA).
Cautionary tale: HRTO penalizes citizenship-based wage discrimination
In L.N. v. Ray Daniel Salon & Spa, 2024 HRTO 179, the Ontario Human Rights Tribunal (HRTO) issued a significant ruling, finding that paying non-citizen workers below minimum wage is unlawful citizenship-based discrimination, highlighting the serious consequences for employers who exploit vulnerable newcomers.
Implementing Ontario's Working for Workers Four Act, 2023: what employers need to know
Ontario's Working for Workers Four Act, 2023, introduces significant changes that impact all employers. From new requirements for job postings to updated wage protection rules and enhanced benefits for injured workers, these updates demand immediate action. Discover the essential steps you need to take to ensure compliance and effectively adapt to these new regulations. Read on to stay ahead of the curve and safeguard your organization against potential pitfalls.
Can you sue for emotional distress in Ontario?
To succeed, a plaintiff typically must show that the emotional distress is serious, prolonged, and beyond what a reasonable person would be expected to endure. Medical evidence, such as therapy records or psychological evaluations, can strengthen a case by proving that the harm is real and significant.
4 Essential legal services for artists
This blog will cover four essential legal topics that should be on every artist's radar. Whether you're an emerging talent or a seasoned professional, getting acquainted with these key legal services can spare you from a tangle of complications in the future.
No limitation period to launching a sexual assault lawsuit
While most civil suits in Ontario have a limitation period of 2 years, amendments came into force in 2016 that carved out an exception for sexual assault claims, such that there is no limitation period, giving victims more protection since many need time to come forward with their claims.
Cyber defamation fallout: toronto man faces 4.7m damages
On June 27, Tanvir Farid, a Toronto man, found himself ordered to pay $4.7 million in damages to 53 plaintiffs in a case marking Canada’s largest defamation award.
Innocent online connection turned into a nightmare of cyber stalking and online harassment?
Read on to learn more about the emerging legal protections against online harassment and what you can do to safeguard your digital well-being.
Novel tort of intrusion upon seclusion
Jones v. Tsige, a 2012 landmark decision in Canadian privacy law, set a precedent that recognizes the tort of intrusion upon seclusion. The Court's decision laid down a framework for the intrusion upon seclusion tort, identifying three crucial elements for its establishment.
Why You Should Update Your Will After Major Life Events
Many people assume that if they don’t own a house or significant assets, they don’t need a will. In reality, a will is about more than just distributing property it’s an important legal tool for managing your affairs and protecting the people you care about.
Do You Need a Will If You Don’t Own Property in Ontario?
Many people assume that if they don’t own a house or significant assets, they don’t need a will. In reality, a will is about more than just distributing property it’s an important legal tool for managing your affairs and protecting the people you care about.
Why Every Adult in Ontario Should Have a Power of Attorney — Even If You're Young and Healthy
Many people assume that if they don’t own a house or significant assets, they don’t need a will. In reality, a will is about more than just distributing property it’s an important legal tool for managing your affairs and protecting the people you care about.