Tara Russell joins our Calgary office as an Associate. Welcome to the team!
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In A Flash
Ontario Court of Appeal shifts the focus away from “adequacy” of consideration in employment agreements
In Giacomodonato v. PearTree Securities Inc., 2024 ONCA 437, the Court of Appeal upheld the lower court’s decision that there was fresh consideration for the plaintiff’s second employment contract and confirmed that courts are concerned with the existence rather than the adequacy of consideration. Therefore, the second employment contract was enforceable and governed the plaintiff’s entitlements on the termination of his employment.
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In A Flash
WSIB Revises Operational Policy Manual To Enforce Three-Business Day Accident Reporting Period
As of September 29, 2023, the Ontario Workplace Safety and Insurance Board (“WSIB”) has revised its Policy No. 15-01-02, “Employers’ Accident-Reporting Obligations”, to stipulate a three-business-day deadline for covered employers to file a report of workplace injury.
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In A Flash
Ontario Court Denies Certification in “Misclassification” Class Action
On June 3, 2024, the Ontario Superior Court dismissed a motion to certify a class action alleging misclassification of independent contractors on the basis of their assignment by a temporary help agency. The Court found that the issue of whether an individual was subject to an agreement to assign under section 74.3 of the Employment Standards Act, 2000, (“ESA”) could not be determined on a class-wide basis.
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