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Archives for July 2020

By | 5 Minutes Read

Findings of investigation: LifeLabs breach

On June 25, 2020, the Ontario and British Columbia Information and Privacy Commissioners just shared the results of their joint investigation regarding a serious breach that took place in 2019 – the findings revealed that LifeLabs, Canada’s largest provider of general health diagnostic and specialty laboratory testing services, failed to protect the personal health information of millions of Canadians.

By | 3 Minutes Read

Invalid for cause termination provision voids entire termination clause

Employers across Ontario are double-checking their contracts since the Ontario Court of Appeal released its judgment in Waksdale v Swegon North America Inc., earlier this month. The court held that if an Employment Agreement contains a termination-with-cause provision that breaches the Employment Standards Act, 2000 (ESA), the termination-without-cause provision will be rendered unenforceable as well. This is true even if the employer was not relying on the for cause section and had proceeded on a without cause basis. Even a severability clause cannot save a provision in this context.

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