- So you want to amend a pleading? Not so fast! Featured - Case Study: McConnell v. Fraser - Eric W.D. Boate, November 06, 2020
- Doyle v Zochem et al. 2016 ONSC 3188 - Martin Smith, December 17, 2018
EMPLOYMENT LAW
- Accident Benefits
- Animal Law
- Appeals
- Automobile Fraud
- Bankruptcy and Insolvency Litigation
- Cannabis Law
- Civil Fraud Recovery
- Class Actions
- Commercial & Business Litigation
- Construction and Infrastructure
- Criminal, Regulatory & Administrative Law
- Cyber Risk
- Debt Collection and Recovery
- Defamation & Reputation Management
- Directors & Officers Liability
- Employment Law
- Energy Law
- Environmental Liability
- Estate & Trust
- Family Law
- General Casualty & Special Risks
- Health, Life & Disability Insurance
- Human Rights, Harassment & Abuse
- Insurance Coverage
- Intellectual Property Litigation
- Landlord and Tenant
- Malpractice & Healthcare Litigation
- Marine Law
- Mediation, Arbitration & ADR
- Municipal Liability
- Not For Profit and Charity
- Personal Injury
- Police Services
- Privacy Law & Investigations
- Product Liability
- Professional Liability
- Property Insurance
- Risk Management Services
- Sports, Recreation & Resort Liability
- Subrogation
- Transportation Law
Practice Areas
Our experienced team of employment law lawyers acts for both employers and employees on a wide range of legal issues. Our lawyers provide full employment law services, including advice on employment contracts, workplace communications and bulletins, workplace health and safety management, legal issues, and strategies. We also represent our clients in legal proceedings, negotiations, mediations, arbitrations, and other forms of dispute resolution
Our lawyers routinely appear for employees and employers at:
- the Ontario Human Rights Commission;
- Employment Standards Hearings at the Ministry of Labour;
- the Ontario Superior Court of Justice; and
- the Ontario Court of Appeal;
- Ministry of Labour Provincial Claims;
- Ministry of Labour Occupational Health and Safety Claims;
- Workplace Safety and Insurance Board; and
- Workplace Safety and Insurance Appeals Tribunal.
Members of the Employment Law Group work with our clients from the inception of employment, during the course of the employment relationship, and upon termination of employment, on various issues that include:
- hiring practices and procedures;
- drafting and assessment of employment contracts;
- advising on practical solutions on rights and obligations on employee's rights and employer's obligations under the Employment Standards Act, 2000, and at common law;
- advising on issues of sexual and verbal harassment during the course of employment;
- drafting severance or compensation packages for employers;
- consulting on the appropriateness of severance packages for employees;
- assisting employers with compliance with labour legislation with respect to mass termination of employees;
- providing guidance for human resources managers and executives to properly conduct termination meetings to ensure proper procedures are followed to minimize litigation risk;
- assisting in locating skills assessment offices, retraining programs, and placement consultants for out-placement counseling for departing employees;
- negotiating resolutions of disputes with respect to severance or compensation packages for both employer and employees;
- advancing or defending complaints filed with the Ministry of Labour;
- advancing or defending constructive and wrongful dismissal actions at all levels of court; and
- providing assistance with workplace health and safety matters including effective management of WSIB matters that reduce direct costs for employers resulting in fewer lost days due to work injury. Through proactive involvement and management of WSIB claims, audits and classification reviews, employer premiums can be greatly reduced. Also, our practice group provides assistance in compliance with the Workplace Safety Insurance Act; and
- advancing or defending human rights code complaints brought within civil actions or at the Ontario Human Rights Commission, in accordance with the recently amended Ontario Human Rights Code.
In addition, the Employment Law Group assists employer and employees with issues surrounding the following:
- alcohol and drug testing, diversity and harassment policies;
- enforcement of non-solicitation and non-competition agreements; and defamation issues in relation to the employment relationship.
- Compensation expectations for long-term employees terminated - Case Study: Williams v. Air Canada by Howard Borlack and Anita Zamani, January 17, 2023
- Nuances Between Judge-Alone and Jury Trials by Van Krkachovski, First presented at a client seminar, August 31, 2022
- Determination of Notice Periods for Rehired Employees Post CCAA Proceedings: Case Comment: Antchipalovskaia v. Guestlogix by Howard Borlack, July 12, 2022
- Breaking The Blunt Arrow: Bill 27's Ban on Non-Compete Agreements by Martin Smith, June 24, 2022
- BC Court Decides CERB Payments Should Count Against Damages for Wrongful Dismissal by Martin Smith, May 03, 2022
- Improperly sued? Can you recover costs if the action is dismissed? Rule 23.05 by Alan S. Drimer, February 03, 2022
- The Pendulum Swings towards Employer-Driven Mandatory Vaccination Policies by Martin Smith, September 20, 2021
- Punitive Damages v Employee Contributory Negligence Case Comment: Eynon v. Simplicity by Howard Borlack and Dominique Mesina, McCague Borlack LLP, July 06, 2021
- All-Inclusive and Without Costs Rule 49 Offers by Van Krkachovski, June 29, 2021
- A Million Dollar Bonus after Constructive Dismissal - Case Study: Matthews V Ocean Nutrition Canada Ltd by Howard Borlack, January 05, 2021
- Legal Liabilities and the Transmission of COVID-19: What you need to know about Bill 218 by Jessica Grant, December 02, 2020
- So you want to amend a pleading? Not so fast! Featured - Case Study: McConnell v. Fraser by Eric W.D. Boate, November 06, 2020
- New Financial Support for Workers Relying on Government Benefits during the COVID-19 Pandemic by Martin Smith, October 14, 2020
- Jury Questions: When to Ask for Reasons - Case Study: Cheung v. Samra 2020 ONSC 4904 by Michael Kennedy, September 28, 2020
- The Court exercises its "Fact Finding Powers" - Case Study: Carmichael v. GSK Inc. by Howard Borlack, September 26, 2020
- In the Wake of Waksdale: A Recent Decision with Serious Consequences for Ontario Employers by Martin Smith, September 18, 2020
- Ontario Courts updating online infrastructures to accommodate COVID-19 needs for safety by Howard Borlack, August 11, 2020
- Updates around Civil Matters in the Superior Court of Justice in the Central East Region by Howard Borlack, August 10, 2020
- A Plea for Simple Pleadings , McCague Borlack LLP, May 31, 2020
- We're getting close! Reopening for business amid the ongoing COVID-19 pandemic by Martin Smith, May 07, 2020
- Expansion of the Canada Emergency Response Benefit by Marla Kuperhause and Martin Smith, April 16, 2020
- Canada's Emergency Wage Subsidy in Response to COVID-19 by Marla Kuperhause and Martin Smith, April 03, 2020
- Canada's Economic Response Plan in Response to COVID-19 by Martin Smith, March 27, 2020
- Constructively Dismissed? You May Have To Go Work for Your Old Boss , January 28, 2019
- A Cautionary Tale for Employers A Case Study - Hampton Securities Ltd. v. Dean , November 16, 2018
- What Happens When You Tell Your Boss You Want to Retire... and then Change Your Mind? , September 14, 2018
- Casino Niagara: Rolling the Dice on Constructive Dismissal , Reprinted in the Employment Law News Section of EmploymentLawToday.com, August 07, 2018
- To Warn or Not To Warn: An Explanation of the Duty to Warn and the Reasonable Foreseeability Analysis: Case Comment: Maxrelco (Immeubles) v Lumipro Inc. by Howard Borlack, June 29, 2018
- Common Interest Privilege: A New Tool in the Litigation Basket by Howard Borlack, May 25, 2018
- Court of Appeal Declines Remedies against Person Harassing Mayor, Township , August 01, 2017
- Defamation in the Internet Age: The Law and Social Media , First presented at an ORIMS seminar., June 13, 2017
- Taxi Company Not Vicariously Liable When Employee Sexually Assaults Client , First presented in MB Client Newsletter, June 08, 2017
- Medical Marijuana: Considerations for Employers by Sophia Souffront, First sent by MB Client Newsletter, February 08, 2017
- Human Rights Claims: Part 6 of 6 by Marla Kuperhause, First presented at a Client Employment Seminar, October 13, 2016
- Torts that Flow from a Wrongful Dismissal Claim - Part 5 of 6 by Marla Kuperhause, First presented at a Client Employment Seminar, October 12, 2016
- Employment Law: Notice: Part 4 of 6 by Marla Kuperhause, First presented at a Client Employment Seminar, October 11, 2016
- Termination / Dismissal Part 3 of 6 by Marla Kuperhause, First presented at a Client Employment Seminar, October 07, 2016
- Employee & Employer Obligations Part 2 of 6 by Marla Kuperhause, First presented at a Client Employment Seminar, October 05, 2016
- Employment Law: Terminology - Part 1 of 6 by Marla Kuperhause, First presented at a Client Employment Seminar, October 03, 2016
- Back to the Future Causation Alert: Clusters Trumps Medical Causation in Judicial Review of Technicians' Breast Cancer , June 29, 2016
- Employers Beware: An Employee Charged Criminally for Sexual Assault May Not Be Sufficient Grounds To Terminate with Cause , February 26, 2016
- Divisional Court Comments on Termination Rights of Employer during Probation Period , First published to a client employment law newsletter., February 09, 2016
- Employment Termination Clauses: Failure to Specify Minimum Statutory Benefits after Dismissal, but Voluntary Provision of Those Benefits , January 20, 2016
- Employment Contracts: New Term? New Consideration! , First Published in the OBA Labour & Employment Law Newsletter, December 22, 2015
- The Benefits of Employment Liability Practices Coverage: Civil Case Studies by Martin Smith, First presented at an Employment Practices Liability Seminar, December 10, 2015
- The Benefits of Employment Liability Practices Coverage: Human Rights Tribunal Cases , First presented at an Employment Standards Liability Law Seminar Introduction, December 09, 2015
- Termination Provisions and Employment Contracts: The New Order by Martin Smith, First Published in an MB Employment Law Seminar, November 09, 2015
- Probationary Employees: Employers' Termination Rights and Restrictions by Martin Smith, First Published in an MB Employment Law Seminar, November 06, 2015
- Ontario Court of Appeal releases decision in expert evidence case , MB Newsletter, January 29, 2015
- The impact of social media on hiring and firing decisions , Presented at MB's Employment Law Seminar, April 09, 2013
- Anti-Spam Law Update: 10 million reasons not to ignore it , First presented at MB's Employment Law Seminar, April 09, 2013
- Privacy and Employer-Issued Computers in the Workplace: A Review of R v Cole (2012 SCC 53) , First presented at MB's Employment Law Seminar, April 09, 2013
- Five Years Later: The Application of the Human Rights Code Today by Martin Smith, First presented at MB's Employment Law Seminar, April 09, 2013
- Current Trends and Hazards in the Ontario Human Rights Tribunal , First presented at MB's Employment Law Seminar, April 09, 2013
- Sometimes a Swimming Pool is just a Swimming Pool , Toronto Lawyers Association - Toronto Law Journal, March 01, 2013
- Dismissal with just cause is assessed through contextual approach , December 13, 2012
- Fixed term employees no longer have a duty to mitigate their damages - Bowes v. Goss 2012 (ONCA) , MB Employment Law Newsletter, August 15, 2012
- Accessibility for Ontarians with Disabilities Act: How to Comply with the Customer Services Standard , Harmonie Group, February 29, 2012
TORONTO - 416.860.0001 OTTAWA - 613.569.2855 KITCHENER - 519.340.0500 BARRIE - 705.481.0240 LONDON - 226.781.2127