Jonathan’s Jots

In labour law (union law) the arbitrators do not allow these tape recordings into evidence. In employment law (non unionized law) the case law remains in Ontario that the employee “generally” can secretly tape “relevant” encounters, as long as he/she participates, even slightly, in the discussion. I put the word

The courts have moved into the modern age! There was a recent case out of Sask involving a purchase of flax seeds by a business. There was a quote by the vendor and someone from the prospective purchaser sent back a thumbs up emoji. Thus, the vendor supplied the flax

I would like to comment on the sad (in my view) Cho v Cafe La Foret decision from the BC Supreme Court. Cho was the head baker at the cafe. He did not have even a brief written contract with the employer Cafe La Foret. Ms. Lee was a younger

Normally, an ex employee or his or her lawyer is not allowed to put in a Statement of Claim, anything about an offer to settle made by the defendant employer. The reason is that the courts want parties to exchange offers and they do not want the parties to worry

Justice Perell just released an interesting/sad wrongful dismissal case that considered several issues, including the one listed above. In the case of Sonia Gracias v Dr. David Walt Dentistry the court followed several other Ontario cases and found that CERB income should not be equated with mitigation income. This means

Now that the Ontario Court of Appeal decided the one outlier Taylor case on procedural, versus substantive, grounds, we are left with a landscape whether there are three or four decisions saying ” a lay off remains a constructive dismissal at common law” and one case going the other way.