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Mental Health Issues: Worker’s Compensation, LTD and CPP Disability Claims

An individual’s employment, and ability to work and support themselves, can be dramatically compromised by mental health issues. The Mental Health Commission of Canada reports that between 30% -70% of all disability claims are related to mental illness.  In a 2017 survey, it was found that the principal cause of mental health concerns in the …

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Monkhouse Law Wins Case: Employer Has to Pay Damages for Cancelled Employment Contract

In the recent case of Kim v. BT Express Freight Systems, 2020 CarswellOnt 1870. The Ontario Superior Court of Justice awarded the employee damages for a cancelled employment offer. In this case, an employee was sought out by an employer, signed a contract, and left his previous position. Just a few days before he was …

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Can You Collect Employment Insurance If You Are Terminated Without Cause?

Yes, employees are eligible to collect Employment Insurance (“EI”) if they have been terminated “without cause”.  Being terminated without cause means the employee was let go from their employment through no fault of their own. This is exactly the situation the Canadian Employment Insurance program was intended to address, to help Canadians who have lost …

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Job Abandonment Ontario

What does job abandonment mean? Job abandonment occurs when an employee has a pattern of unexcused or unauthorized absences which result in the employer deeming their job “abandoned” and the employee is therefore terminated. Usually, this will result in this dismissal being treated as a resignation as opposed to a termination, meaning the employee will …

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Non-Solicitation Clause Ontario

What does a non-solicitation clause mean?  In Ontario, a non-solicitation clause is a provision in an employment contract that specifically prohibits an employee from soliciting or “poaching“ clients, customers, vendors, business partners or employees from their former employer. These restrictions must be limited in geographic scope and duration. In employment law, a non-solicitation clause is …

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Matthews v. Ocean Nutrition: Supreme Court Clarifies Access to Bonuses for Terminated Employees

On October 9th, 2020, the Supreme Court of Canada handed down its decision in the employment law case of Matthews v. Ocean Nutrition Canada Ltd., 2020 SCC 26. It is one of the Supreme Court’s rare decisions in employment law. The Court allowed the appeal, finding that the terminated employee was entitled to his bonus …

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