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Court Decides that Long Term Disability Benefits can be Pursued Despite Failure to File a Formal Claim

When an illness or disability strikes which may render it difficult to continue working, employees often feel concerned and anxious about how they are going to make ends meet during such a strenuous time. While some public initiatives have been put in place (such as CPP Disability and WSIB Benefits) to provide assistance to workers, …

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Why Hire an Employment Lawyer?

An employment lawyer mainly assists individuals not covered by a union or collective agreement whereas a labour lawyer primarily deals with unionized employees. Employment lawyers help their clients with understanding, advising, and litigating work-related issues in non-unionized workplace, which include but are not limited to termination, workplace harassment, disability-related issues, wage related-issues, and workplace safety.  An employment …

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Understanding Ontario’s new Bill 27: Working for Workers Act 2021

On Nov. 30, 2021, Bill 27: Working for Workers Act, 2021, was passed. Once this bill receives royal assent, it will become law in Ontario. We anticipate that this will happen before the end of the year. The bill introduces a number of significant changes that both employers and employees should be aware of. The …

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Can My Employer Reduce My Wages in Ontario?

In Ontario, there is no general rule forbidding an employer from proposing a pay cut. However, an employer that unilaterally imposes a pay cut on an employee puts itself at risk of a constructive dismissal claim. In addition, substantially altering an employee’s compensation without their consent may amount to a fundamental breach of contract and …

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At Will Employment Canada: Know Your Rights

The concept of at-will employment does not exist in Canada. Unless one signs a fixed-term contract, most employment in Canada is considered to be for an indefinite period, and can only be terminated by the employer upon giving reasonable notice or pay in lieu thereof. At-will employment and at-will clauses in employment contracts are illegal …

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Updated Guidance on ROE Codes for Non-Compliance with Workplace Vaccination Policies

Just as life seems like it is returning to normal, COVID-19 Mandatory Vaccination Policies in the workplace have created new hurdles.  On October 15, 2021, the Ministry of Employment and Social Development Canada (“The Ministry”) provided an update that suggests that the refusal to vaccinate may result in the denial of employment insurance benefits for …

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If You Are Unvaccinated, Can Your Employer Terminate You For Cause?

Throughout Canada, many employers are choosing to implement mandatory vaccination policies. For those that are federally regulated, employers are bound by the directives of the Federal Government to ensure that such policies are implemented by October 30, 2021. If you fail to disclose your vaccination status and/or you are not fully vaccinated, you will be …

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What is the Meaning of “Totally Disabled”?

“Totally disabled” is a legal term with a special meaning. Generally, the definition of “totally disabled” in Long Term Disability policies is: If the employee is unable to perform substantially all their essential and material job duties, they are said to be “totally disabled”. “Totally disabled” does not mean the employee ia completely incapacitated and …

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