Articles

About Articles The following articles are published by the Labour and Employment Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Madeleine Werker

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Today
What You Need to Know About the 2016 Construction Open Period

What You Need to Know About the 2016 Construction Open Period

  • December 16, 2015
  • Inna Koldorf

On October 21, 2015 close to 50 practitioners from the labour and employment law bar and construction law bar who practice in the area of construction labour relations gathered for the Ontario Bar Association’s program “What You Need to Know About the 2016 Construction Industry Open Period.”

Employment Contracts: New Term? New Consideration!

Employment Contracts: New Term? New Consideration!

  • December 16, 2015
  • David Elmaleh and Divya Khurana

This article examines the Ontario Court of Appeal’s recent Judgment in Holland v. Hostopia.com Inc., and focuses on the Court’s analysis of whether an employment contract can be modified by an employer after an employee has already commenced work without fresh consideration for the modification.

Discretionary Bonus or An Integral Part of Compensation? The Court’s surprising conclusion in Fraser v. Canerector Inc.

Discretionary Bonus or An Integral Part of Compensation? The Court’s surprising conclusion in Fraser v. Canerector Inc.

  • December 16, 2015
  • Joshua Concessao

Courts often distinguish between ex gratia payments and those that are integral components of an employee’s compensation when awarding damages during the period of reasonable notice for bonuses that are otherwise characterized as “discretionary”. While this distinction has had a long pedigree, a recent decision of the Superior Court of Justice in Fraser v. Canerector Inc. presents a formidable challenge to the underlying rationale for the distinction.