Canada: Employment Litigation/ Tribunals

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.

Pregnancy Discrimination In Canada Remains An Ongoing Workplace Issue

Canadian law has evolved significantly since the Supreme Court's 1989 decision in Brooks v. Canada Safeway Ltd., which recognized pregnancy discrimination as a form of sex discrimination. Yet despite comprehensive human rights protections across federal, provincial and territorial jurisdictions, pregnancy discrimination continues to appear before tribunals nationwide, manifesting in terminations, hiring refusals, reduced hours, and failures to accommodate pregnancy-related workplace needs.

Canada Employment

TD

Thompson Dorfman Sweatman LLP

Termination After Harassment Complaint Results In $195,000 OHSA Reprisal Damages

The Ontario Labour Relations Board awarded over $195,000 to a former employee after finding her termination violated workplace safety legislation by constituting reprisal for filing a harassment complaint. The decision examines how employers can face substantial financial liability when adverse employment actions are connected to employees exercising statutory workplace rights, including compensation for lost wages, mental distress, and injury to dignity.

Canada Employment

C

CCPartners

Harassment During A Business Trip : The Administrative Labour Tribunal Upholds Dismissal

A recent decision by Québec's Administrative Labour Tribunal clarifies employers' legal obligations when addressing psychological and sexual harassment in the workplace, particularly during business travel.

Canada Employment

SM

Stein Monast

Cannabis et postes à risque : la politique de tolérance zéro d'Air Transat passe le test de la raisonnabilité

Dans l'affaire Syndicat canadien de la fonction publique, section locale 4041 c. Air Transat, 2026 CanLII 44306 (CA SA) (la « Décision »), le tribunal d'arbitrage présidé par Me Nathalie Massicotte...

Canada Employment

MT

McCarthy Tétrault LLP

Lawyer Spotlight: Kyle Van Schie – A Trusted Employment, Labour & Public Law Advisor And Advocate

Canada Employment

SW

Soloway Wright

The Proof Is In The Paperwork: Ontario Court Upholds Termination For After-Acquired Cause

Canada Employment

C

Cassels

Investigator Chronicles Ep. 1 Ft. Cory Boyd

Canada Employment

RT

RT Workplace Training & Consulting Inc.

A Recent Arbitration Decision Confirms That Gossip By Management Can Lead To Employer Liability

Canada Employment

SW

Soloway Wright

Workplace Arrangements – BC Court Of Appeal Affirms Constructive Dismissal Claim By Remote Worker Required To Return To The Office

Canada Employment

MT

McCarthy Tétrault LLP

Psychological Harassment: Employers Must Intervene, Even Where Reconciliation Appears To Have Occurred

Canada Employment

BB

BCF Business Law

Harcèlement Psychologique : L’employeur Doit Intervenir, Même En Cas De Réconciliation Apparente

Canada Employment

BB

BCF Business Law

Certification Application Dismissed By ALRB For Union Misrepresentation

Canada Employment

MT

McCarthy Tétrault LLP

The Importance Of An Effective Threshold Assessment Process

Canada Employment

RT

RT Workplace Training & Consulting Inc.

Ontario Court Of Appeal Rules On Deductibility Of Post-Termination Earnings And Employers’ Burden Of Proving Failure To Mitigate

Canada Employment

C

Cassels

Why Tax Lawyers Have A Secret Weapon Against The CRA & Accountants Don’t: Solicitor-Client Privilege And The Limits Of CRA Audit Powers In Minister Of National Revenue v. KPMG Canada LLP

RS

Rotfleisch & Samulovitch P.C.

A Practical Guide For Business Owners Expanding Or Relocating To Ontario, Canada (Video)

Canada Commercial

LL

Lerners LLP

Sanctions Trump Contracts: Canadian Court Interprets “Control” Under Russian Sanctions

Canada International

C

Cassels

New Principles For AI Use In Ontario

Canada Technology

MT

Miller Thomson LLP

Crypto Tax Reporting: Canada vs. U.S. (2026); CRA Digital Asset Rules Compared To IRS Form 1099-DA Reporting

RS

Rotfleisch & Samulovitch P.C.

Ontario Court Reinforces Limits On Summary Judgment For LTD Entitlement Claims: Notice Period Issues Are Fair Game

In employment litigation involving termination and long-term disability (LTD) benefits, Ontario courts continue to draw important distinctions. While questions relating to reasonable notice are often well-suited...

Canada Employment

C

CCPartners

Court Of Appeal Clarifies Law On Mitigating Damages In Wrongful Dismissal Claims

The Ontario Court of Appeal has established new clarity on employer obligations in wrongful dismissal cases, addressing both the burden of proof for mitigation efforts and the treatment of income earned during notice periods. This ruling in Williamson v Brandt Tractor Inc. resolves critical questions about when employers must demonstrate available comparable employment and how courts should handle mitigation income from lower-paying positions.

Canada Employment

FR

Fogler, Rubinoff LLP

Anonymous Complaints And The Duty To Investigate In Ontario Workplaces

Without an identified complainant, the usual investigative sequence becomes less straightforward. Questions arise immediately: whether credibility can be meaningfully assessed...

Canada Employment

LL

Lerners LLP

Ontario Court Of Appeal Confirms: All Earnings During The Notice Period Reduce Wrongful Dismissal Damages

In Williamson v. Brandt Tractor Inc., 2026 ONCA 272, the Ontario Court of Appeal (“ONCA”) partly allowed an employer’s appeal, reducing the damages awarded to a wrongfully dismissed employee upon determining...

Canada Employment

C

CCPartners

You’re Talking About Me, Right? When Employees Oppose Their Union

Canada Employment

AB

Aird & Berlis LLP

Misrepresentation Of Academic Qualifications Is Just Cause

Canada Employment

BL

Borden Ladner Gervais LLP

Employers Need Clear Evidence To Establish Just Cause And Post-termination Earnings From Lower Paying Jobs To Reduce Damages.

Canada Employment

RA

Robins Appleby LLP

Quand Violation N’Emporte Pas Répudiation : L’Exécution D’Une Entente De Fin D’Emploi Après Le Manquement D’Un Employé

Canada Employment

FF

Fasken (French)

Accidents "In The Course Of Work": Lessons From Three Recent Administrative Labour Tribunal Decisions

Canada Employment

F

Fasken

Délai déraisonnable dans les décisions administratives et modernisation des règles de droit applicables au mandamus

Canada Employment

MT

McCarthy Tétrault LLP

Employee Or Independent Contractor: The Distinction Matters More Than You Think

Canada Employment

LL

Lerners LLP

When Fairness Ends And Judgement Begins: What Carreau v. Canada Clarifies About Procedural Fairness In Workplace Investigations

Canada Employment

LL

Lerners LLP

Understanding Employment Jurisdiction, Contracts And Discipline In Indigenous Workplaces

Canada Employment

MA

MLT Aikins LLP

Big Title, Little Evidence – The ONCA Weighs In On Fiduciary Status And Post-Employment Duties In Titus Steel Company Limited v. Hack

Canada Employment

WL

WeirFoulds LLP

Employee Or Independent Contractor: The Distinction Matters More Than You Think

The gig economy, remote work, and the rise of project-based hiring have made it increasingly common for businesses to engage workers outside of a traditional employment relationship.

Canada Employment

LL

Lerners LLP

When Fairness Ends And Judgement Begins: What Carreau v. Canada Clarifies About Procedural Fairness In Workplace Investigations

By the time an investigator delivers a final report, the difficult part should already be over. The parties and witnesses should have been interviewed.

Canada Employment

LL

Lerners LLP

Understanding Employment Jurisdiction, Contracts And Discipline In Indigenous Workplaces

Indigenous employers operate within a legal landscape that is both complex and highly contextual. Questions arise frequently around which employment laws...

Canada Employment

MA

MLT Aikins LLP

Big Title, Little Evidence – The ONCA Weighs In On Fiduciary Status And Post-Employment Duties In Titus Steel Company Limited v. Hack

Departing employees owe duties of good faith, loyalty, and fidelity to their employer, regardless of how the employment relationship ends.

Canada Employment

WL

WeirFoulds LLP

Hiring Transparency, Faster Mobility, Tougher Termination Clauses: Ontario’s 2026 Employment Landscape

Canada Employment

LL

Lerners LLP

Your Client's Simplified Procedure Claim Is For $50,000.00 Or Less– Now What?

We're proud to share that this article was recently featured by the Ontario Bar Association (OBA) — highlighting our firm's continued involvement and recognition within a leading legal organization.

Canada Litigation

SW

Soloway Wright

Bonuses And Salaries: Errors To Avoid

On October 21, 2025, the Court of Appeal of Quebec ruled on a case where an employer had offered a bonus to employees who agreed to be available at least 30 hours a week.

Canada Employment

BB

BCF Business Law

Can I Still Claim Constructive Dismissal If I Was Moved To An Easier Role?

I was already thinking of quitting my job when my department was restructured. I've ended up in a different role that actually has fewer responsibilities but with the same...

Canada Employment

TM

Taylor McCaffrey

A Review Of Landmark Decisions In Employment And Labour Law Rendered In Québec In 2025

The year 2025 saw several significant judicial decisions shaping the landscape of labour and employment law. In the following pages, we present the key highlights from a dozen rulings by various Québec courts...

Canada Employment

D

Dentons Canada LLP

Cautionary Tale Of Employment Litigation – Grealy v. XL Tool

Canada Employment

MM

Mackoff Mohamed

Happy 2026: Resolved – Follow The Mindful Business Charter

Canada Employment

GW

George Waggott Law

When Jurisdiction Goes Wvong: Complaint Barred From BC Human Rights Tribunal Due To Lack Of Connection With BC

Canada Employment

RG

Roper Greyell LLP – Employment and Labour Lawyers

Department Highlight: Employment Law: Workplace Investigations

Canada Employment

RA

Robins Appleby LLP

Secret Santa, Not Secret Liability: Keeping Workplace Gift Exchanges Festive And Risk-free

Canada Employment

MA

MLT Aikins LLP

Resolving Workplace Disputes (Video)

Canada Employment

PB

Prowse Barrette

The Cost Of Cutting Corners: Carroll v. Oracle's $57,000 Warning To Employers

Canada Employment

LL

Lerners LLP

Harcèlement psychologique : le Tribunal administratif du travail donne raison à l'ancien directeur du spvm

Canada Employment

BS

Bélanger Sauvé

Les stagiaires en enseignement ne sont pas des salariés pendant leurs stages non rémunérés

Canada Employment

BS

Bélanger Sauvé

Repudiation Of Employment Contracts: What Employers Need To Know

Canada Employment

SL

Spring Law

When The Jays Score, But Your Employee Strikes Out: Managing Off-Duty Conduct And Protecting Your Brand

Canada Employment

WH

Williams HR Law

Emploi convenable : l'emploi de commis aux fruits et légumes respecte les limitations fonctionnelles d'un ancien camionneur

Canada Employment

BS

Bélanger Sauvé

Un enseignant du primaire réintégré malgré sa condamnation au criminel pour sollicitation de services sexuels

Canada Employment

BS

Bélanger Sauvé

Faute grave et congédiement : quand les activités privées sont incompatibles avec l'état de santé déclaré

Canada Employment

BS

Bélanger Sauvé

Lessons From The Air Canada Strike's Dramatic End

Canada Employment

B

Bernardi

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Highlighted Content

I'm Listening: BC Appeal Court Confirms That Secretly Recording Colleagues Constitutes Just Cause

Canada Employment

SE

Stikeman Elliott LLP

Strikes And Picketing In The Living Room: Anti-scab Provisions In The Age Of Telework

Canada Employment

SE

Stikeman Elliott LLP

Best Practices For Verifying Eligibility To Work In Canada: Key Takeways From Imperial Oil Limited V. Haseeb

Canada Employment

SE

Stikeman Elliott LLP

Recent Trends And Best Practices In Workplace Investigations And Terminations Of Employment (Video)

Canada Employment

SE

Stikeman Elliott LLP

CERB Appeal: Alberta Court Of Appeal Finds CERB Not Deductible From Wrongful Dismissal Damages

Canada Employment

SE

Stikeman Elliott LLP

Ontario Superior Court Reviews The Factors Applied In Determining Independent / Dependant Contractor Status

Canada Employment

SE

Stikeman Elliott LLP

It's A Deal: Ontario Superior Court Upholds Contractual Termination Provision, Departs From Recent Case Law

Canada Employment

SE

Stikeman Elliott LLP

Ontario Divisional Court Overturns WSIAT Decision, Affirms Employees Have Right To Sue After Workplace Harassment

Canada Employment

SE

Stikeman Elliott LLP

Uber Class Action Certified: Ontario Court Ruling Lays Foundation For Common Issues Trial In Independent Contractor Classification Dispute

Canada Litigation

SE

Stikeman Elliott LLP

Student Employees Have The Right To Equal Pay For Equivalent Work: Québec Court Of Appeal

Canada Employment

SE

Stikeman Elliott LLP

Latest Videos

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Investigator Chronicles Ep. 1 Ft. Cory Boyd

RT

RT Workplace Training & Consulting Inc.

Resolving Workplace Disputes (Video)

PB

Prowse Barrette

Navigating Workplace Investigations Part 2: More Of Your FAQs Answered (Video)

D

Dentons Canada LLP

Claims For "Employment Wrongful Acts": What Liability Adjusters Need To Know (Video)

SB

SBA Lawyers LLP

Recent Trends And Best Practices In Workplace Investigations And Terminations Of Employment (Video)

SE

Stikeman Elliott LLP

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