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In the case of Guitard v. Workplace Health and Safety Compensation Commission, the Court of Appeal of New Brunswick dismissed an appeal from the Workers’ Compensation Appeals Tribunal (Appeals Tribunal), finding that absent a palpable and overriding error, the Appeals Tribunal’s decision must be given deference. Background and Initial Disability Award In May 2012, Guitard …

Appeal Dismissed: Court Upholds Workers’ Compensation Appeal Tribunal Decision in Guitard v. Workplace Health and Safety Compensation Commission Read More »

In the case of Oliveira v. Oliveira 2023 ONCA 520, recently heard by the Ontario Court of Appeal, the appellant, Jack Oliveira, appealed a decision by the motion judge, resulting in a sentence of 89 days in jail and $75,000 in costs. Background, motion judge’s decision The appellant was employed by the respondent, LIUNA Central …

Ontario Court of Appeal applies proportionality principles in lowering costs, imprisonment Read More »

In Ontario, compassionate leave is available to all provincial employees under the Ontario Employment Standards Act, 2000 (“ESA”) whether full-time, part-time, permanent, or term contract. Employees can request compassionate leave under either the “Family Medical Leave” or “Family Caregiver Leave” provisions of the ESA. Compassionate Leave Under Family Medical Leave An employee covered under the …

Compassionate Leave Ontario – Know Your Rights Read More »

The minimum employment standards for parental leave in Ontario are outlined in Ontario’s Employment Standards Act, 2000 (“ESA”) for provincially regulated employees. Under the ESA, both new parents have the right to take parental leave. A “parent” includes a birth parent, an adoptive parent, or a person who is in a relationship of some permanence …

Ontario Parental Leave – Know Your Rights Read More »

In Ontario, employees have the right to prioritize their health and well-being, including taking time off work when necessary for stress leave. The Ontario Employment Standards Act, 2000 (“ESA”) entitles employees to a variety of unpaid leaves of absence, including sick leave. While the sick leave provision allows employees to take a leave of absence …

Stress Leave Ontario – Know Your Rights Read More »

If your long term disability has recently been denied or cancelled by your insurance company, you may wonder what options there are for appealing long term disability. To help you make an informed decision, we have provided the following guidelines for appealing long term disability. It is crucial to initiate the appeals process promptly. Long …

Appealing Long Term Disability Read More »

If you are applying for a long term disability claim, you must know the definitions, qualifications, timelines, limitation periods and what to do if you get denied. All are integral parts of understanding the application process. It can be a daunting and confusing process, and denials can occur for a myriad of reasons. For this …

Long Term Disability Claim Read More »

Goberdhan v. Knights of Columbus 2023 ONCA 327 is a recent case before the Ontario Court of Appeal, the appellant, Knights of Columbus appealed a decision by the motion judge to dismiss their motion for a stay of proceedings in favour of arbitration. Background, motion judge decision Knights is a fraternal benefit society that provides …

Ontario Court of Appeal dismisses stay of proceedings motion due to lack of fresh consideration Read More »

In Ahluwalia v. Workers’ Compensation Board of British Columbia 2023 BCSC 196, the British Columbia Supreme Court found, on an application for judicial review, that the Workers’ Compensation Board of British Columbia had accurately summarized the reasonableness analysis that was required by the Supreme Court of Canada decision, Canada (Minister of Citizenship and Immigration) v. …

B.C. top court affirms workers’ compensation board accurately summarizes reasonableness analysis Read More »

In a recent decision of the Ontario Superior Court, Tan v. Storstac Inc., Justice Dineen awarded seven months of reasonable notice to an employee with five years of tenure. The plaintiff began working for the defendant in June 2015 as a container controller. He was soon promoted to depot manager. At the time of termination, …

Court Finds Savings Clause Cannot Save Invalid Provisions Read More »