Employment Law

Our Employment Law Group is comprised of experienced practitioners across Canada who are available to act for employers or employees on a wide range of legal issues. Our lawyers provide full employment law services, including advice on the drafting of communications and the development of strategies and positions. We also provide representation in legal proceedings, negotiations, mediations, arbitrations, and other forms of dispute resolution.

Our lawyers routinely appear for employees and employers at:

• Provincial Human Rights Tribunals;
• Provincial Labour Board;
• Provincial Courts, including the respective Court of Appeal for each Province

We also provide advice with respect to the Workplace Safety legislation as well as occupational health and safety issues.

Services

Members of the Employment Law Group work with our clients from the inception of employment, during the course of the employment relationship, and upon termination, on various issues that include:

• hiring practices and procedures;
• employment contracts;
• compensation packages;
• the application of the applicable provincial Human Rights legislation;
• issues of sexual and verbal harassment during the course of employment;
• issues of inequity during employment;
• practical solutions for employees and employers on their rights and obligations under the relevant employment legislation and at common law;
• constructive dismissal and wrongful dismissal;
• evaluation and advice on severance packages;
• assistance in locating skills assessment offices, retraining programs, and placement consultants for out-placement counselling;
• defamation issues.

Publications

• An Employer's Right to Dismiss an Employee is not Absolute , May 16, 2024
• Restraint of Trade Following Changes to the Competition Act , McDougall Gauley LLP, September 18, 2023
• An Overview of Recent and Upcoming Changes to the Canada Labour Code , McDougall Gauley LLP, September 06, 2023
• When Employers have a Duty to Inquire and what it entails , McDougall Gauley LLP, August 23, 2023
• The Role of the Saskatchewan Human Rights Commission Advancing a Complaint Before the Court of King’s Bench , McDougall Gauley LLP, May 18, 2023
• Compensation expectations for long-term employees terminated - Case Study: Williams v. Air Canada , McCague Borlack LLP, January 17, 2023
• Determination of Notice Periods for Rehired Employees Post CCAA Proceedings: Case Comment: Antchipalovskaia v. Guestlogix , July 12, 2022
• Breaking The Blunt Arrow: Bill 27's Ban on Non-Compete Agreements , McCague Borlack LLP, June 24, 2022
• BC Court Decides CERB Payments Should Count Against Damages for Wrongful Dismissal , McCague Borlack LLP, May 03, 2022
• Improperly sued? Can you recover costs if the action is dismissed? Rule 23.05 , McCague Borlack LLP, February 03, 2022
• Vaccination or Rapid Test Workplace Policies Gaining Momentum and Validity as 4th Wave Workplace and Community Issues Escalate , October 06, 2021
• The Pendulum Swings towards Employer-Driven Mandatory Vaccination Policies , McCague Borlack LLP, September 20, 2021
• Punitive Damages v Employee Contributory Negligence Case Comment: Eynon v. Simplicity , McCague Borlack LLP, July 06, 2021
• All-Inclusive and Without Costs Rule 49 Offers , McCague Borlack LLP, June 29, 2021
• Big Changes to Small Claims: How COVID-19 has affected the Small Claims Court , January 05, 2021
• A Million Dollar Bonus after Constructive Dismissal - Case Study: Matthews V Ocean Nutrition Canada Ltd , January 05, 2021
• Legal Liabilities and the Transmission of COVID-19: What you need to know about Bill 218 , December 02, 2020
• So you want to amend a pleading? Not so fast! Featured - Case Study: McConnell v. Fraser , November 06, 2020
• New Financial Support for Workers Relying on Government Benefits during the COVID-19 Pandemic , October 14, 2020
• Jury Questions: When to Ask for Reasons - Case Study: Cheung v. Samra 2020 ONSC 4904 , September 26, 2020
• The Court exercises its "Fact Finding Powers" - Case Study: Carmichael v. GSK Inc. , September 26, 2020
• In the Wake of Waksdale: A Recent Decision with Serious Consequences for Ontario Employers , September 18, 2020
• Ontario Courts updating online infrastructures to accommodate COVID-19 needs for safety , August 11, 2020
• Updates around Civil Matters in the Superior Court of Justice in the Central East Region , August 10, 2020
• A Plea for Simple Pleadings , McCague Borlack LLP, May 31, 2020
• We're getting close! Reopening for business amid the ongoing COVID-19 pandemic , McCague Borlack LLP, May 07, 2020
• Expansion of the Canada Emergency Response Benefit , McCague Borlack LLP, April 16, 2020
• COVID-19: Business interruption – Are you covered? , McCague Borlack LLP, April 14, 2020
• Canada's Emergency Wage Subsidy in Response to COVID-19 , April 03, 2020
• Canada's Economic Response Plan in Response to COVID-19 , McCague Borlack LLP, March 27, 2020
• Constructively Dismissed? You May Have To Go Work for Your Old Boss , January 28, 2019
• A Cautionary Tale for Employers: A Case Study - Hampton Securities Ltd. v. Dean , November 16, 2018
• What Happens When You Tell Your Boss You Want to Retire... and then Change Your Mind? , September 14, 2018
• Casino Niagara: Rolling the Dice on Constructive Dismissal , Reprinted in the Employment Law News Section of EmploymentLawToday.com, August 07, 2018
• To Warn or Not To Warn: An Explanation of the Duty to Warn and the Reasonable Foreseeability Analysis: Case Comment: Maxrelco (Immeubles) v Lumipro Inc. , June 29, 2018
• Common Interest Privilege: A New Tool in the Litigation Basket , May 25, 2018
• Court of Appeal Declines Remedies against Person Harassing Mayor, Township , August 01, 2017
• Taxi Company Not Vicariously Liable When Employee Sexually Assaults Client , Taxi Company Not Vicariously Liable When Employee Sexually Assaults Client, June 08, 2017
• Medical Marijuana: Considerations for Employers , First sent by MB Client Newsletter, February 07, 2017
• Torts that Flow from a Wrongful Dismissal Claim - Part 5 of 6 , First presented at a Client Employment Seminar, October 12, 2016
• Human Rights Claims: Part 6 of 6 , First presented at a Client Employment Seminar, October 12, 2016
• Employment Law: Notice: Part 4 of 6 , First presented at a Client Employment Seminar., October 11, 2016
• Termination / Dismissal Part 3 of 6 , First presented at a Client Employment Seminar, October 07, 2016
• Employee & Employer Obligations Part 2 of 6 , First presented at a Client Employment Seminar, October 05, 2016
• Employment Law: Terminology - Part 1 of 6 , First presented at a Client Employment Seminar, October 03, 2016
• Back to the Future Causation Alert: Clusters Trumps Medical Causation in Judicial Review of Technicians' Breast Cancer , June 29, 2016
• Employers Beware: An Employee Charged Criminally for Sexual Assault May Not Be Sufficient Grounds To Terminate with Cause , February 26, 2016
• Divisional Court Comments on Termination Rights of Employer during Probation Period , First published to a client employment law newsletter., February 09, 2016
• Employment Termination Clauses: Failure to Specify Minimum Statutory Benefits after Dismissal, but Voluntary Provision of Those Benefits , January 20, 2016
• Employment Contracts: New Term? New Consideration! , First Published in the OBA Labour & Employment Law Newsletter, December 22, 2015
• The Benefits of Employment Liability Practices Coverage: Civil Case Studies , First presented at an Employment Practices Liability Seminar, December 10, 2015
• The Benefits of Employment Liability Practices Coverage: Human Rights Tribunal Cases , First presented at an Employment Standards Liability Law Seminar Introduction, December 09, 2015
• Termination Provisions and Employment Contracts: The New Order , First Published in an MB Employment Law Seminar, November 09, 2015
• Probationary Employees: Employers' Termination Rights and Restrictions , First Published in an MB Employment Law Seminar, November 06, 2015
• Ontario Court of Appeal releases decision in expert evidence case , MB Newsletter, January 29, 2015
• The impact of social media on hiring & firing decisions , First presented at an Employment Law Seminar, April 09, 2013
• Anti-Spam Law Update: 10 million reasons not to ignore it , First presented at an Employment Law Seminar, April 09, 2013
• Privacy and Employer-Issued Computers in the Workplace: A Review of R v Cole (2012 SCC 53) , First presented at an Employment Law Seminar, April 09, 2013
• Five Years Later: The Application of the Human Rights Code Today , First presented at an Employment Law Seminar, April 09, 2013
• Current Trends and Hazards in the Ontario Human Rights Tribunal , First presented at an Employment Law Seminar, April 09, 2013
• Sometimes a Swimming Pool is just a Swimming Pool , March 01, 2013