Monkhouse Law

Employment lawyers at Monkhouse Law specialize in Employment Law, Human Rights Law, and Disability Insurance Law. We serve employees, independent contractors and employers, and strive to get optimal results for every client through skilled advocacy and research on each matter. We have successfully represented clients before all levels of court in Ontario, including the Superior Court, the Divisional Appeals Court, and the Court of Appeal as well as the Supreme Court of Canada.

What Are An Employee’s Minimum Entitlements Under The Ontario Employment Standards Act?

Under the Employment Standards Act (ESA), there are three key minimum entitlements an employee is entitled to in the event of termination without cause: 1) notice of termination or pay in lieu thereof, 2) benefit continuation and 3) severance pay. Those entitlements compose your severance package. a) What is notice of termination or pay in […]

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The Canadian Emergency Wage Subsidy Debate: Look Across the Pond For Options

The COVID-19 crisis has spawned an interesting array of emergency schemes by governments to provide assistance to those who have lost employment as a result of the downturns. It is instructive to consider the similarities and differences. The United Kingdom has enacted direct support to workers and it could be a good source of inspiration

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Ontario Suspends Limitation Periods: Time for Virtual Mediations

More time to file your employment claims: Ontario uses emergency powers to suspend legal limitation periods and lawyers turn to virtual mediations. As of March 17, 2020, the Ontario government declared an emergency under the Emergency Management and Civil Protection Act and the court system has been shut down to minimize the risk of exposure to

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Government Support for Employees during the COVID-19 Pandemic: Employment Insurance, Temporary and Long Term Support

The content of this post is constantly updated and it presents the most recent information as of June 26, 2020. On March 18, 2020, Prime Minister Justin Trudeau announced new economic measures to help stabilize the economy during this difficult period. Following the announcement, on March 25, 2019, the federal COVID-19 Emergency Response Act  (the “CERA”)

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Ontario Employees: Unpaid Job-Protected Emergency Leave Available to Those Affected by COVID-19 (Updated Sept 16, 2021)

The content of this post is constantly updated and it presents the most recent information as of September 16, 2021. On March 17, 2020, the Ontario government declared an emergency under s 7.0.1 (1) the Emergency Management and Civil Protection Act. On June 24 2020, Ontario extended the declaration of emergency until July 15, 2020. On

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Temporary Layoffs in Ontario Due to COVID-19 and Employee Rights

The information in this blog post is current to September 16, 2021. The COVID-19 pandemic and its associated economic impact have created many significant challenges for both employers and employees in Ontario. Ontario made a declaration of emergency on March 17, 2020 and has ordered a shutdown of several sectors of the economy. Many employers

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Ontario Employees Rights During the Coronavirus School Shutdown, Illness and Quarantine

On March 12, 2020, the Ontario government announced that public schools will be closed in an attempt to stop the spread of coronavirus COVID-19.  While our young ones are excited by the prospect, parents are scrambling to find alternatives. Lots of difficult questions arise including: Will I lose my job if I have to stay

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Private High School Settles Class Action by Teachers Misclassified as Independent Contractors

The difficulty of landing full time teaching jobs at the big school boards has created a large pool of underemployed qualified teachers and a ready supply of staff to take on short-term teaching gigs on a contractual basis. In many fields, more university graduates are produced than the economy needs. In recent years, over 40

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Non-Competition and Non-Solicitation Clauses 101 (Updated October 28, 2021)

Non-compete and non-solicitation agreements are clauses that attempt to limit a former employee’s ability to work with a competitor and/or solicit former clients for a specific duration of time.  In most cases, these types of clauses are found within a written employment agreement. However, for fiduciary employees such as senior executives or those with specialized

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Bonus or No Bonus During the Notice Period (Updated Nov 23, 2020)

In the October 2020, the Supreme Court of Canada clarified, in the case of Matthews v Ocean Nutrition Canada, that when awarded common law notice for termination, employees must be put in the position they would have been had they been working during the notice period, which may include being compensated for bonuses they would

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