The power of Rule 49 settlement offers
Lake v. La Presse (2018) Inc., 2021 ONSC 4459 (“La Presse”), is a recent example of an employer effectively using Rule 49 to its advantage.
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Wrongful dismissal actions and assessing length of service
In Ontario, employees are presumptively entitled to receive reasonable advance notice of their dismissal from employment, or payment in lieu thereof. To assess what will be “reasonable” in any given circumstance, the courts are guided by a seminal court case from 1960 – Bardal v. Globe & Mail Ltd.
IDEL, the common law, and COVID-19
Much attention has recently been given to the Ontario Superior Court of Justice decision in Coutinho v. Ocular Health Centre Ltd., 2021 ONSC 3076 (“Coutinho”). The reason for this is simple; Coutinho is the first court judgment in Ontario to address how Infectious Disease Emergency Leave (“IDEL”), introduced by the Ford government in May 2020, affects traditional employee rights.
