Ontario Court of Appeal Clarifies Limits of “Common Employer” Claims in Gig Worker Misclassification Case

A recent decision from the Ontario Court of Appeal in D. v. Amazon Canada Fulfillment Services, 2025 ONCA, provides guidance on “common employer” claims in the context of gig worker misclassification. Importantly, this ruling does not mean gig workers cannot bring misclassification claims. Instead, the Court focused on whether a large group of drivers could … Read more

Ontario Court Awards 21 Months After Termination Clause Fails

Lawyer reviewing an employment contract agreement during a termination meeting

The Ontario Superior Court of Justice decision in M. v. Zim, 2024 ONSC 5540, is a helpful reminder for employees: long service matters and unclear termination clauses often won’t limit your rights. In this case, an employee with 21 years of service was terminated without cause. The employer relied on a termination clause that it … Read more

Ontario Court Rejects Retaliatory Counterclaims in Wrongful Dismissal Case

Lady Justice statue representing fairness in an Ontario wrongful dismissal case

The Ontario court decision of McPherson v. Global Growth Assets Inc., 2025 ONSC 5226 (CanLII) sends a clear message: when an employee is terminated, the employer cannot use the court process to punish, intimidate, or delay payment by launching unfounded counterclaims. In this case, the court rejected an employer’s attempt to turn a wrongful dismissal … Read more

Unpaid Commissions After Termination: Ontario Court Awards Punitive Damages to Employee

Employee reviewing termination documents related to unpaid commissions in Ontario

An Ontario court decision confirms that withholding unpaid commissions after termination, including commissions owed during the statutory notice period, can justify punitive damages. In C. v. Oracle Canada ULC, 2025 ONSC 4889 (CanLII), the court awarded an employee 12 months of reasonable notice plus $57,740.55 in punitive damages after the employer failed to pay commissions … Read more

When a Termination Clause Fails: What This Case Means for Employees at Federally Regulated Workplaces

Businessmen and lawyer discussing termination clause in federally regulated workplace

The Ontario Superior Court decision in G. et al. v. Canadian Imperial Bank of Commerce, 2025 ONSC 5218 is an important reminder for employees working in federally regulated workplaces—such as banks, telecommunications companies, and interprovincial transportation businesses—that an unlawful termination clause can dramatically increase the compensation you are owed after dismissal. In this case, employees … Read more

When a “Toxic” Workplace Becomes Constructive Dismissal in Ontario

Workplace interaction illustrating a toxic work environment and constructive dismissal issues

In the Ontario Superior Court decision K. v. Kingston Area Taxi Licensing Commission, 2025 ONSC 4706 confirms an important point for employees: a toxic, hostile work environment can amount to constructive dismissal, even if the employer never formally fires you. The court also made clear that employers who act in bad faith, particularly during medical … Read more

Ontario Court Confirms Mediation Delays Are Not Acceptable

Person reviewing a calendar and deadlines, representing delay in required litigation steps such as mediation.

A decision of the Ontario Superior Court of Justice in F. v. Prep Doctors Corp. et al., 2025 ONSC 5383 (Justice Parghi) confirms that parties cannot use procedural tactics to delay mandatory steps in litigation, including mediation. When a party ignores deadlines, fails to follow court procedures, or tries to stall the process, the consequences … Read more

Misusing Confidential Information After Termination: Ontario Court Issues Rare and Serious Remedies

Hands on a laptop with digital security icons, representing misuse of confidential information after termination.

The Ontario Superior Court of Justice recently confirmed that employees have ongoing obligations after their employment ends when it comes to confidentiality and post-employment conduct. In B. v. M. (2025 ONSC 2365), the Court granted powerful remedies after finding that a former employee engaged in a prolonged pattern of harassment and misuse of confidential information … Read more