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


Do Not Take Advantage of Terminated Employees, Court Tells Employer

  • December 04, 2012
  • Inna Koldorf

Final releases, which once guaranteed that legal proceedings brought by employees as a result of termination of employment would be stopped in their tracks, are now more likely to be set aside as unconscionable following the SCC's decision in Rubin v. Home Depot Canada Inc.

Figliola and Fairness - The Jurisdiction of the OHRT

  • June 11, 2012
  • William M. LeMay

In 2008, the Human Rights Code was amended to provide the Human Rights Tribunal of Ontario the discretion to dismiss an application which had been “appropriately” dealt with in another proceeding.

Restricting Restrictive Covenants…Again

  • June 11, 2012
  • David Rosenfeld

In May 2011, the Court of Appeal overturned a decision which upheld a 1 year global restrictive covenant in Mason v Chem-Trend Limited Partnership. In this decision the Court of Appeal again expressed its reluctance to enforce an agreement restricting a person’s ability to make a living.

No More Clarity on Family Status

No More Clarity on Family Status

  • Adrian Ishak

A recent decision of the Human Rights Tribunal of Ontario has created further confusion on the duty to accommodate as it relates to discrimination on the basis of family status.

Labour and Employment Law