Ontario Court grants employer’s motion to dismiss wrongful dismissal claim; Upholds ESA-only termination provision
In Bertsch v. Datastealth Inc., 2024 ONSC 5593, the Ontario Superior Court was asked to dismiss a claim for wrongful dismissal as disclosing no tenable cause of action, on the basis that the contract had a valid termination provision limiting […]
The class has spoken: Ontario court decertifies employment misclassification class action
Can a procedural regime designed to foster access to justice become a vehicle for denial of justice? In Navartnarajah v. FSB Group Ltd., 2023 ONSC 2574, Justice Morgan answered “yes” to this question and proceeded to decertify a class action […]
Employee commentary, social media and the municipal employer
OMHRA’s ECHO Newsletter
”The medium is the message”. The wisdom of these famous words written by Canadian philosopher Marshall McLuhan is felt so acutely today. Communication media, its accessibility and its impact on how information is received, have evolved dramatically over the last […]
Ontario Court of Appeal overturns decision upholding just cause termination provision
Last year, we reported on the Ontario Superior Court’s decision in Rahman v. Cannon Design Architecture Inc. (the “Rahman decision”), in which the Court upheld a contractual termination provision on the basis of the relative equality of bargaining power between […]
