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Insight
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August 12, 2019

Ontario, Canada: Courts Continue to Recognize Intermediate Category of Worker

Recent case law on the distinction between an employee and independent contractor for wrongful dismissal purposes would suggest that even if the court does not find the individual to be an employee, it might nonetheless apply an intermediate status.

Insight
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August 12, 2019

Ontario, Canada: Enforcing Noncompetition and Nonsolicitation Clauses

When are noncompetition and nonsolicitation clauses enforceable in Canada? A recent Ontario decision examined these clauses in the context of an employment agreement.

Insight
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August 6, 2019

Ontario, Canada: Appellate Court Decides Employee Rights to Shares on Termination Governed by Shareholders’ Agreement

In a recent case, the Court of Appeal for Ontario decided that an employee’s right to purchase shares of his employer’s parent corporation under a Shareholders’ Agreement would be governed by that agreement, including upon termination of his employment.

Insight
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July 31, 2019

Highest Court in Canada Says Substance, not Form, will Determine Independent Contractor or Employee Status

A recent Supreme Court of Canada decision considered whether a franchisee who entered into a franchise agreement with a franchisor was an employee or an independent contractor.

Insight
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July 23, 2019

Canada: Massive Overhaul of the Canada Labour Code Pending

A massive overhaul of the Canada Labour Code (CLC) is pending, with significant amendments coming into force on September 1, 2019, just prior to the Canadian federal election in October.

Global Guide Quarterly
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July 17, 2019

Littler Global Guide - Canada - Q2 2019

Quarterly employment law updates from Canada

ASAP
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July 2, 2019

Ontario, Canada: Employers Can’t Require Applicants to Be Permanently Eligible to Work

In a recent decision still reverberating with Canadian employers, the Human Rights Tribunal of Ontario struck down an employer's practice of requiring job applicants to be permanently eligible to work in Canada.

Insight
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June 28, 2019

Ontario, Canada: Absent Exceptional Circumstances, 24 Months is “High End” of Reasonable Notice Award for Certain Managers & Adverse Unilateral Changes to Bonus Plans Must Be Communicated

The Ontario Court of Appeal reduced a notice period award to a separated employee, which had exceeded the normal "cap," and also held that the employer could not enforce a termination provision in a bonus plan due to lack of meaningful employee notice.

Insight
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June 25, 2019

Ontario, Canada: Professional Service Employer’s Use of Different Corporate Structures in Employment Agreements Does Not Negate Uninterrupted Service in the Calculation of Reasonable Notice

A decision of the Court of Appeal for Ontario confirms that the use by a professional service employer of different corporate structures to enter into employment agreements with employees will not interrupt the length of their service.

Littler Report
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June 24, 2019

Ontario, Canada Mandatory Policies, Training and Postings—Are You In Compliance?

Employers with employees in Ontario often ask about legislative requirements under various employment statutes, including mandatory policies, training and postings. This updated article presents this information in a single publication.

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