Summary Hill v. 1359768 Ontario Inc. (B&B Towing), 2026 ONCA 577 offers practical guidance for employers responding to an employee’s return from disability leave and assessing damages where workplace tools and equipment are alleged to be compensable benefits. The ONCA confirmed that frustration of an employment contract based on disability requires clear evidence that the […]
Summary In Wigdor v Facebook Canada Ltd., 2026 ONCA 572, the Ontario Court of Appeal (the “ONCA”) confirmed that employment agreement language may violate the Ontario Employment Standards Act, 2000 (the “ESA”) if it purports to forfeit the continued payment of equity-based compensation upon employment termination. This decision highlights that employers should exercise caution when […]
Summary The Ontario Court of Appeal has released its highly anticipated decision in respect of the appeal of two employment law decisions from last year, namely Baker v. Van Dolder’s Home Team Inc., 2025 ONSC 952 (“Baker”), and Li v. Wayfair Canada ULC., 2025 ONSC 2959 (“Li”), that dealt with, among other things, the enforceability […]
Summary The Ontario Divisional Court’s recent decision in Sharpe v. CTS Canadian College, 2026 ONSC 1138, serves as an important reminder that, although administrative tribunals are afforded considerable deference in managing their own proceedings, efforts to promote efficiency cannot come at the expense of procedural fairness. After more than a decade of litigation before the Human Rights Tribunal of Ontario (the “Tribunal”), the Court set aside the Tribunal’s decision dismissing an employee’s complaint alleging discrimination on the basis of disability. […]
Summary In a recent decision, an Ontario Court dismissed claims for wrongful dismissal and other damages brought by a long-haul truck driver whose employment was terminated because his employer found that he violated its drug and alcohol policy. In rejecting these claims, the Court affirms the importance of clearly communicating workplace policies and procedures, as […]
Summary In Khatib v GoEasy Ltd, 2026 ONSC 3513, the Ontario Superior Court adopted a novel approach to wrongful dismissal damages by awarding compensation for equity-based incentives that would not have fully vested until after the reasonable notice period. This departs from the established judicial approach in Ontario, which has limited damages for wrongful dismissal […]
Overview As we previously wrote about here, the Enhancing Digital Security and Trust Act, 2024 introduced new regulatory frameworks for Ontario public sector employers with respect to topics like artificial intelligence systems, cyber security, school boards’ collection of digital information of youth under age 18, and more. On July 1, 2026, two new regulations […]
Summary A recent decision from the Alberta Court of Appeal provides helpful guidance on the employee’s duty to mitigate in the context of a constructive dismissal and commentary on the consideration of whether an employee has, in fact, mitigated their damages. This article explores the Court’s reasoning and offers key takeaways for employers navigating similar […]
Summary A recent Ontario Small Claims Court decision serves as an important reminder that a probationary period does not necessarily provide an employer with the unfettered ability to terminate an employee without consequence – especially if they have not been provided with a reasonable opportunity to demonstrate their suitability. This decision also provides helpful guidance […]
Summary On June 15, 2026, the federal government introduced Bill C-36, An Act to enact the Protecting Privacy and Consumer Data Act, to amend the Personal Information Protection and Electronic Documents Act and to make amendments to other Acts (“Bill C-36”). If passed, Bill C-36 would enact the new Protecting Privacy and Consumer Data Act […]
Summary Employers’ use of temporary help agencies (“THAs”) to supplement their workforce is common across Ontario, offering flexibility in staffing, outsourcing of certain administrative burdens, and potentially limiting employment-related liabilities. However, both THAs and their client employers can face significant legal exposure based on shared, joint, and/or common obligations. Notably, these obligations can have substantial […]
A monthly bulletin specifically designed to help employers stay up-to-date on the latest global workplace trends. For the most recent global employment law updates from L&E Global, please visit Employment Law Tracker – June 2026