Canada: Key Issues
- Employment law, constructive dismissal.
- Employment law, Ontario employment contracts, termination clause interpretation in Ontario.
- Combatting forced and child labour in supply chains; Reporting obligations for Canadian entities under federal law.
Canada: Superior Court Finds Employer's Attempt to Reverse Remote-Work Arrangement was Constructive Dismissal
In a recent decision from the Ontario Superior Court of Justice, the Court found that an employee was constructively dismissed from her employment after her employer demanded that she return to in-person work following more than a year working remotely from Europe. In this article, we review the Court's decision with a view to understanding how employers can make changes to remote work arrangements and retain flexibility while minimizing the risk of legal claims from employees. » Read More
Canada: Dufault v. Ignace (Township): The "Sole Discretion... at Any Time" Saga Continues
The Court of Appeal for Ontario ("ONCA") recently issued Dufault v. Ignace (Township), the latest in a series of decisions affirming that contractual termination provisions which are non-compliant with the Employment Standards Act, 2000 (the "ESA") will be invalid. To employers' disappointment, the ONCA declined to clarify whether language permitting an employer to terminate employment "in its sole discretion... at any time" is ESA-compliant. In this article, we discuss both the ONCA's decision and the Employer's application for leave to appeal to the Supreme Court of Canada. » Read More
Canada: Supply Chain Reporting in 2025
Public Safety Canada has released clarifying guidance regarding the application of Canada's supply chain transparency laws. In this article, Rob Bayne and Rebecca Rosenberg review these updates and how it may impact organizations with reporting obligations ahead of the second annual filing date on May 31, 2025. » Read More
Internationally, we are the single Canadian member of L&E GLOBAL, an alliance of over 1500 labour and employment lawyers in more than 120 offices around the world. As part of L&E GLOBAL, Filion offers access to a single legal powerhouse for clients requiring complex cross-border labour and employment services throughout the world.
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