Summary Section 2(d) of the Canadian Charter of Rights and Freedoms (the “Charter”) provides everyone with a fundamental freedom of association, which includes the right to participate in a strike when collective bargaining between an employer and a bargaining agent (e.g. a union) breakdown. The Ontario Court of Appeal (“ONCA”) recently considered the constitutionality of […]
Summary In a recent summary judgment decision, the Ontario Superior Court enforced a settlement agreement reached by email between Starbucks and a former employee, and dismissed the former employee’s claim for wrongful dismissal. In Stribling v Starbucks Coffee Canada Inc, 2026 ONSC 1030 (“Stribling”), the Court held that a clear offer, followed by an unequivocal […]
Summary Mandatory retirement was eliminated in Ontario with the passage of Bill 211 in 2006; however, many employment-related benefits continue to draw distinctions based on age, typically using the age of 65 as the line of demarcation. In a recent decision from the Human Rights Tribunal of Ontario, Gauthier v Corporation of the Township of […]
Summary The Workplace Safety and Insurance Appeals Tribunal (“Tribunal”) has confirmed that employee stress resulting from the employer’s discovery of the employee’s own criminal misconduct cannot be disguised as a compensable workplace injury or a recurrence of a prior Post-Traumatic Stress Disorder (“PTSD”) entitlement. Background Facts A correctional officer (the “Worker”), appealed the denial […]
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