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Lawyer’s grievance dismissed: Performance assessment protected by qualified privilege

For lawyers, reputation is everything. A lawyer faced with false and defamatory statements about their personal performance would of course take issue with those statements. In Kohlenberg v. Canada (Attorney General) 2022 FC 906, a lawyer with the Department of Justice was accused of failing to meet expectations. The lawyer considered those statements defamatory, but …

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Monkhouse Law Successful Appeal in Medcan Class Action

The class action lawyers at Monkhouse Law celebrated a victory when, on September 19 2022, their appeal of a dismissed certification motion was allowed. At issue was the certification of a class proceeding against Medcan Health Management Inc. for unpaid vacation pay and public holiday pay on variable compensation such as commissions and bonuses.  In …

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Contract

Ontario Superior Court affirms deference applies to contract interpretation

In Mammoet Canada Eastern Ltd. International Union of Operating Engineers, Local 793, [2022] O.). No. 2633, the Divisional Court found, on an application for judicial review, that the Ontario Labour Relations Board was reasonable in their interpretation of a collective agreement provision. Mammoet Canada Eastern Ltd. brought a judicial review application on the decision of …

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B.C. Court of Appeal affirms importance of legislative intent to statutory interpretation 

In British Columbia (Employment Standards) v. Kwok 2022 BCCA 196, the British Columbia Court of Appeal reaffirmed that when interpreting statute, you must look beyond the mere words of legislation and instead consider the very purpose of the legislation and the intent of Parliament. As the Supreme Court of Canada put it in Rizzo & …

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Monkhouse Law Successfully Appeals Denial of CPP Disability Benefits

In the recent case of Knaus v Minister of Employment and Social Development, the Social Security Tribunal of Canada awarded the Claimant Canada Pension Plan (“CPP”) disability benefits dating back to November 2017. The Claimant will remain eligible for benefits until her 65th birthdate. In this case, the Claimant was diagnosed with depression, sleeping disorders, …

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maternity leave canada

Maternity Leave Canada – Know Your Rights

The Canada Labour Code sets out the minimum employment standards for maternity leave in Canada. Every employee in Canada has the right to take maternity leave. The Code applies to federally regulated employees in Canada. Federally regulated industries include, for example, banks and airlines.  If you are unsure if you work for a federally regulated employer, …

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maternity leave ontario

Maternity Leave Ontario – Know Your Rights

Ontario’s Employment Standards Act, 2000  provides minimum standards of employment for maternity leave in Ontario. Every employee in Ontario has the right to maternity leave.  Note: Not all employees in Ontario work under the Employment Standards Act, 2000. If you work for a federally regulated industry, go to Maternity Leave Canada,, which explains your rights …

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Severance Pay Alberta

Severance Pay Alberta – Alberta Severance Pay

Non-unionized employees in Alberta who have lost their job through no fault of their own may be entitled to severance pay. The Alberta Employment Standards Code sets out the minimum amount of severance you are entitled to, depending on the number of years you have worked with the employer.  Employers must pay their employees severance …

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Statutory Holidays Ontario and Statutory Holiday Pay

Statutory Holidays & Pay in Ontario 2022 – An Employee Reference

There are 9 statutory holidays in Ontario in 2022 for provincially regulated employees (90% of employees). Statutory holidays are also known as public holidays. These days are officially recognized by the provincial government as a holiday.  Most employees in Ontario are entitled to take the day off on a statutory holiday and receive statutory holiday …

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Appeal court decision shows distinction between common law, Employment Standards Act

In Render v. ThyssenKrupp Elevator (Canada) Limited (“Render”), the Ontario Court of Appeal clarified the distinction between just cause at common law and wilful misconduct under the Ontario Employment Standards Act, 2000 (the “ESA”). To disentitle a terminated employee from their minimum ESA entitlements, an employee must be guilty of deliberately doing something they know …

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