It is well established that a dismissed employee has a duty to mitigate their damages by making reasonable efforts to find new employment. Recent jurisprudence confirms that this means the dismissed employee must look for and accept comparable employment, which…

When it comes to how we handle disputes, there are many options. And yet the reality is that most of us tend to do things the same way every time.

Writing and updating my book has forced me to keep on top of summary dismissal cases. Reviewing all of those decisions has made it clear that there are no absolute rules, and that it is absolutely foolish to attempt to…

While a bifurcated approach does not provide all the benefits of a traditional arbitration clause, it will allow the parties to choose their own “judge,” define the litigation process, establish available remedies and appeal rights, all the while maintaining confidentiality,…

There are some pieces of advice that I offer repeatedly to clients in a variety of contexts. One of my favourites: “Do not rush to judgment.” Those knee-jerk, visceral or emotional reactions usually lead to bad decisions which can cost…

It is the classic line used by judges and arbitrators when they find that summary dismissal was not warranted: “Some lesser form of discipline was appropriate.”

Back in 1999, mandatory mediation was introduced in a few jurisdictions in Ontario on a trial basis. In 2001, a report was submitted to the Civil Rules Committee: Evaluation Committee for the Mandatory Mediation Pilot Project, reviewing the first 23…

The law regarding post-termination bonus entitlement is in a state of uncertainty which might soon be clarified by the highest court in the land, as the Supreme Court of Canada has granted leave to appeal in Matthews v. Ocean Nutrition…

Stuart has been encouraging employment and corporate lawyers to include arbitration clauses in their contracts of employment for quite some time now. The reason is simple: the parties can avoid the delays, inefficiencies and unpredictability of the standard civil litigation…

In theory, employees experiencing long-term trauma or harassment on the job have been entitled to workers’ compensation benefits since 2016. However, as recently reported by the Toronto Star, the board denies over 90% of chronic mental stress claims, suggesting that…