The Courts of Ontario have yet to provide a definite answer to this question. However, there are viable legal arguments that support that an employer who terminates an employee, solely for their vaccine status, may not be able to do so “with cause” and consequently avoid providing statutory and common law reasonable notice of termination.…
Constructive dismissal occurs when an employer unilaterally makes a significant change to a fundamental condition of an employee’s employment. Even though the employer does not expressly terminate the employee, the employee is entitled to treat their employment as terminated. The departure of the employee will be considered a termination, rather than a resignation. An employee…
Two recent court cases have discussed the implications of COVID-19 on reasonable notice periods for employees that are terminated without cause. In Snider v Reotech Construction Ltd. (2021) the Court found that the employee was entitled to an extended reasonable notice period due to the pandemic. The employee in the case was terminated without…
In a recent Federal Court of Appeal decision, Blue v Canada (Attorney General), 2021, the Court clarified when a person is incapable of applying for Canada Pension Plan Disability benefits. The Claimant, Cate Blue, suffered from several psychological conditions that prevented her from working. In May 2016, Ms. Blue applied for Canada Pension Plan Disability…
Mortgage default occurs when a borrower breaches one or more terms of their mortgage agreement. For example, default occurs where a borrower fails to make a stipulated mortgage payment. When a borrower defaults, a lender has a right to certain enforcement mechanisms to facilitate their recovery of the amount of money they loaned, as well…
If you have a mental health illness, such as anxiety, depression, or PTSD, that prevents you from doing your job, you may be entitled to Long Term Disability (LTD) benefits. LTD benefits provide replacement income if you become disabled and can no longer work. It typically replaces between 60 to 85% of your pre-disability income.…
You are entitled to common law severance if you are terminated without cause, even if you do not have a written employment agreement. All employees are entitled to common law severance, unless there is an enforceable clause in their employment contract that stipulates that they are not entitled to common law notice. Common law severance…
Layoff is illegal in most circumstances. If your employer has temporarily laid you off, you may have a claim against your employer for monetary compensation or what is referred to as severance. In Martellaci v CFC/INX Ltd., the Court noted that if an employer puts an employee’s employment status on hold (as is the case…
In May 2020, in response to the ongoing COVID-19 pandemic, the Ontario government introduced O:Reg. 228/20: Infectious Disease Emergency Leave (the “IDEL”), a regulation under the Employment Standards Act, 2000, S.O. 2000, c. 41 (the “ESA”). The IDEL provides that during the “COVID-19 period” (March 1, 2020 to January 1, 2022), non-unionized employees whose hours…
What do I do now that my Canada Pension Plan disability (CPP-D) benefits application has been denied? How can I successfully obtain CPP-D benefits? These are common questions, which we have heard from a number of clients, who have come to us with respect to their CPP-D benefits applications. What are CPP-D BENEFITS? The CPP-D…