The Basics of Severance Packages in Ontario

When Ontarians think about pay packages upon the termination of their job, they often use the term “severance packages”. That term can include a number of different types of pay, including statutory termination, notice outlined in an employment contract, and notice at common law. However, despite the similar naming convention, the three are unique.  What are Severance Packages? Severance packages in Ontario consist of the amount legally owed to you... Read More

COVID-19 and Filing for Long-Term Disability: Is it Possible?

There is a common misconception that contracting COVID-19 automatically results in eligibility for long-term disability benefits. Unfortunately, this is not the case, and only in specific circumstances relative to an individual’s limitations and restrictions would filing a claim be appropriate. Today, we will find out why that is and provide information to help you determine your eligibility for long-term disability benefits, otherwise known as LTD. Elimination Period The first factor... Read More

Alison McEwen to Present on Bill C-65 and Workplace Harassment

On February 9, 2021, Alison McEwen will be speaking as part of the Lancaster House’s program “Understanding and Implementing Bill C-65”. Alison will be discussing the changes to workplace violence and harassment laws in federal workplaces, including the new obligations on employers, the impact on unions, and the supports available for employees affected by violence or harassment. For more information or to register, please see Lancaster House’s website. Read More

Sean McGee Interviewed on Governor General Harassment Allegations

Sean McGee was recently interviewed on the evolving story around harassment allegations in the Governor General’s office, under former governor general Julie Payette. Sean provided his insights on the application of the federal government’s directives on workplace harassment and the types of remedies often available for employees who have experienced harassment. The interview with the CBC was published in January 2021 and can be found on the CBC’s website. Read More

COVID-19 and Filing for Long-Term Disability: Is it Possible?

There is a common misconception that contracting COVID-19 automatically results in eligibility for long-term disability benefits. Unfortunately, this is not the case, and only in specific circumstances relative to an individual’s limitations and restrictions would filing a claim be appropriate. Today, we will find out why that is and provide information to help you determine your eligibility for long-term disability benefits, otherwise known as LTD. Elimination Period The first factor... Read More

Is Your Non-Competition Clause Enforceable? New Insights from the Ontario Superior Court

When presented with a contract related to work, whether as an independent contractor, dependant contractor, or employee, it is vital that you closely examine the terms of the proposed agreement. Proposed contracts may contain non-competition clauses that limit your capacity to participate in rival business ventures, sometimes long after the contractual relationship has ended.  In most industries, an overly burdensome non-competition clause will severely limit the employee/contractor’s ability to perform... Read More

Callow v Zollinger and Good Faith Obligations in Employment Law

In a recent contract case, Callow v Zollinger, 2020 SCC 45, the Supreme Court confirmed that damages can flow from a contractual breach of good faith when one party knowingly misleads the other. Good faith between parties is an unwritten obligation found in contracts. The exact nature of that obligation may vary some, depending on the type of contract.  Now, the Court has clarified the legal obligation to perform a... Read More

How to Submit a Long-Term Disability Claim

A long-term disability (LTD) claim is essential for those unable to work due to a debilitating medical condition or injury. If you cannot work because of a medical condition or injury, it may be possible to secure LTD benefits. Today, let’s examine how to submit a long-term disability claim in more detail. In addition, we’ll cover what happens if you are denied including next steps. Make the Most of the... Read More

Andrew Astritis Speaks at University of Ottawa

On December 3, 2020, Andrew Astritis gave a guest lecture on Workers’ Rights and the Charter in the University of Ottawa’s English Common Law Program. Speaking to upper year labour law students, Andrew outlined recent developments in the law on these issues, including the 2015 Labour Law Trilogy in which the Supreme Court of Canada recognized the existence of a constitutional right to strike. Read More

Bargaining in a COVID Economy. Get Informed – It’s Your Right

For unions, another round of negotiations has often meant getting back into a familiar pattern: deliver notice to bargain, prepare proposals, have a series of sometimes constructive, sometimes frustrating discussions across the bargaining table, perhaps resort to strike or face a lockout, then arrive at a collective agreement. We are living in a different world.  Do not assume same-old is the same old. A union may have a right to... Read More