Mathews Dinsdale is delighted to announce the addition of its new counsel, Virginie Vigeant to the Firm’s Vancouver office. Virginie brings almost two decades of experience advising employers in all aspects of labour and employment law. Welcome to the team!
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Ontario Court of Appeal Changes the Landscape on Termination Clause Enforceability
Employers, it’s time to revisit your employment agreements. The rules of the game have changed. This article provides a review of the recent Ontario Court of Appeal decision.
Read moreOut From Under the Microscope: City of Sudbury Was Duly Diligent in Road Grader Accident
On August 23, 2024, the Ontario Superior Court of Justice (the “SCJ”) dismissed the Crown’s appeal against the trial finding that the City of Greater Sudbury (“City”) had exercised due diligence and should be acquitted of charges under the Ontario Occupational Health and Safety Act (“OHSA”). The decision is important and has been long- awaited by construction project owners and general contractors after the uncertainty created by the Supreme Court of Canada’s November 10, 2023, decision in this case. That decision provided a list of potential due diligence factors applicable when an “owner” of a construction project is also an “employer” of workers, such as its own construction quality control inspectors, and held the amount of control an employer exercises over a workplace, is a factor in assessing whether all reasonable care was exercised. Overall, the SCJ decision is a positive one for “owners” and “employers” and provides some helpful takeaways and guidance which we explore below.
Read moreA New Address for OHS Appeals Under Canada Labour Code
All health and safety appeals, under Part II of the Code, will now be heard and determined by the Canada Industrial Relations Board.
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