May 1, 2015

Canada’s Privacy Commissioner released some materials this week dealing with Canada’s anti-spam legislation (CASL), including a guide for businesses doing e-marketing:

The Ontario Court of Appeal upholds a decision in which the trial judge found it would not be reasonable for a long-term employee to continue working in a less important position with his former employer following constructive dismissal on the basis that the employee viewed the environment as “unfriendly”:

Stuart Rudner writes about why it makes sense to provide a reference letter to employees dismissed without cause (hint: helping the employee mitigate his or her damages is good for the employer):


Michael FItzgibbon in his “Thoughts from a Management Lawyer Blog” discusses how far an employer must go to assist a departing employee to mitigate his or her damages:

The BC Court of Appeal overturns an earlier trial judgment and sends the case back for a new trial in Ogden v. Canadian Imperial Bank of Commerce. The plaintiff bank employee had been terminated for cause after a wire transfer incident involving a client. The BCCA found the trial judge misapprehended the defendant’s arguments and the evidence before it relating to the incident and others that preceded it which may constitute cause for termination:

The Ontario Superior Court of Justice concluded that two workers were in fact dependent contractors and entitled to 26 months’ notice of termination:

An arbitrator upheld a three day suspension for a large employee after he made hostile and intimidating comments to a smaller co-worker in the company washroom:

Evan Campbell from Miller Thomson’s Guelph office on the dos and don’ts for employers during union drives:

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