Divisional Court Reins in Early Dismissals by the Ontario Human Rights Tribunal

Summary In Bokhari v Top Medical Transportation Services, 2026 ONSC 1073, the Ontario Divisional Court set aside a decision of the Ontario Human Rights Tribunal (the “Tribunal”) that dismissed a human rights application at the jurisdictional screening stage without a hearing. The Court held that the Tribunal unreasonably applied a balance of probabilities standard and […]

Carissa Tanzola Nominated for Managing Partner of the Year at the Canadian Law Awards

We’re proud to share that our Managing Partner, Carissa Tanzola, has been recognized as an Excellence Awardee for Managing Partner of the Year at the Canadian Law Awards. Since stepping into the role in January 2025, Carissa has driven a clear, firm-wide vision: strengthening the foundation of the practice while advancing a more modern, future-ready […]

Mitigation Under the Microscope: Court Orders Employee to Produce All Mitigation Records

Summary In Handy v. M&C Investments Incorporated, 2026 ONSC 648 (“M&C Investments”), the Court ordered the plaintiff to produce a better affidavit of documents, finding that the mitigation documents originally produced were insufficient. The Court emphasized the importance of full disclosure and that mitigation is an important issue in many, if not all, wrongful dismissal […]

Guidance from Ontario’s Top Court: The Constitutional Legality of Back-to-Work Legislation

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 […]

Unsigned but Enforceable: Ontario Court Compels Employee to Honour Email Agreement

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 […]

WSIAT Confirms: Stress Arising from Employee’s Own Criminal Conduct is Not Compensable

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 […]

L&E Global Employment Law Tracker – 2026, Looking Ahead

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 –  2026, Looking Ahead.