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Kyle Lambert is an accomplished litigation lawyer with a broad advocacy practice focused on commercial litigation, arbitration, and employment and labour relations law. He serves clients in a range of industries including aviation, telecommunications and media, and construction.

In his litigation practice, Kyle assists clients in shareholder disputes, complex contractual disputes, construction disputes, and government procurement challenges. He appears before all levels of Ontario’s civil courts, the Federal Court and the Canadian International Trade Tribunal.

With extensive experience in employment and labour relations law, Kyle represents businesses in wrongful dismissal claims, human rights claims, and claims for breach of restrictive covenants. He also provides employment-related advice and analyses on large business transactions and workplace investigations.

Kyle is a frequent presenter and author on developments in employment and labour relations law in Canada.



Representative Matters

Selected Cases

Arbitration

  • Represented a multinational energy and infrastructure entity in a complex arbitration relating to the construction of a major infrastructure project
  • Acted as counsel in an arbitration related to the termination of a leading non-governmental organization executive
  • Acted as counsel on behalf of a municipality in an arbitration against a telecommunications provider relating to the sale of public infrastructure

Selected Transactions

  • Acted for Auryn Resources Inc., a TSX and NYSE American listed company, completed an approx. $350 million comprehensive reorganization transaction
  • Acted for U.S.-based private equity fund in its acquisition of a series of Canadian auto supply companies
  • Acted for Canadian private equity fund in its acquisition of group of companies providing for virtual data rooms and platform for secure document sharing
  • Acted for US private equity fund in series of Canadian based acquisition transactions
  • Acted for Canadian private equity fund in series of acquisitions of a food service and manufacturing company

Speaking Engagements

Implementing Demanding New Harassment and Violence Prevention Regulations. What Should You, the Employer, Have Completed by Now? at Preparing for Further Changes to the Canada Labour Code, Virtual conference, Co-speaker with Marie-Eve Jean

March 16, 2021

Preparing for Further Changes to the Canada Labour Code, Virtual conference, Co-Chair with Dianne Rideout

March 16 - 17, 2021

Canada Labour Code or Provincial Legislation. What Law Applies?, Workshop at Preparing for Further Changes to the Canada Labour Code, Virtual conference

March 15, 2021

News


Media Mentions


Rankings & Recognition

  • Law Society of Upper Canada Award and Osgoode Society Award of Excellence for achieving academic standing among the top 10% of his law school class.

Community Involvement

  • Director and Corporate Secretary, Ottawa Symphony Orchestra

Directorships & Affiliations

  • Carleton Counsel Law Association
  • Canadian Association of Counsel to Employers

Education & Admissions

2013
Called to the Ontario bar
2012
JDQueen's University
2006
B.Soc.Sc. (Honours)University of Ottawa

Publications

  • “Ontario Superior Court of Justice Opines on Federal Termination Obligations,” LexisNexis Labour Notes®, January 15, 2021
  • “Ontario Court of Appeal Comments on Service and Notice Calculation in the Context of an Asset Purchase Transaction”, Employment and Labour Law Reporter (September 2020)

Insights by Kyle Lambert (83 Posts)

Featured Insight

Ontario Divisional Court Allows Employee to Sue for Constructive Dismissal in Morningstar

The Ontario Divisional Court held that constructive dismissal claims for chronic mental stress from workplace harassment are not statute-barred by the WSIA.

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Sep 1, 2021
Featured Insight

The Federal Government and British Columbia Announces Mandatory Vaccinations

The Government of Canada and British Columbia's Public Health Officer announced mandatory vaccinations for certain workers.

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Aug 17, 2021
Featured Insight

Supreme Court of Canada Modernizes the Interpretation of Releases

The Supreme Court of Canada in its recent decision determined that releases are to be interpreted using general contract principles and no special rules apply.

Read More
Aug 11, 2021
Featured Insight

Attention Federally Regulated Employers – Canada’s Pay Equity Act Takes Effect August 31, 2021

The Pay Equity Act, requiring federally regulated employers to develop a comprehensive pay equity plan, takes effect on August 31, 2021

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Aug 3, 2021
Featured Insight

Ontario Employers Must Calculate Severance Threshold Based on Global Payroll

Ontario's Divisional Court rules that the $2.5 million severance threshold in the Employment Standards Act, 2000 must be based on global payroll.

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Jun 22, 2021
Featured Insight

Ontario to Provide for Temporary Paid Sick Leave

Ontario has announced temporary paid sick leave for all employees. Here is what employers should know.

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Apr 30, 2021
Featured Insight

Closing the Gap: New Proactive Pay Equity Rules for Federally Regulated Employers

Guidance on employers' obligations under the new federal Pay Equity Act and its associated regulations, expected to take effect in late 2021.

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Apr 27, 2021
Featured Insight

Court of Appeal Affirms Decision Limiting Employee Equity Entitlements

Ontario Court of Appeal updates the law on post-termination equity entitlements and reiterates the distinction between employee and shareholder rights.

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Apr 27, 2021
Featured Insight

Ontario Court of Appeal Reviews Necessary Elements to Claim Against Corporate Directors in the Context of a Wrongful Termination Action

Guidance on the various circumstances in which corporate directors can become personally liable for unpaid wages and vacation pay in wrongful dismissal cases.

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Mar 9, 2021
Featured Insight

New Workplace Harassment and Violence Requirements for Federally Regulated Employees Now in Effect

As of January 1, 2021, federally regulated employers must comply with new requirements imposed by the Workplace Harassment and Violence Prevention Regulations

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Jan 4, 2021
Featured Insight

Ontario Superior Court of Justice Opines on Federal Termination Obligations

Review of a federal employer's obligations when terminating an employee under the Canada Labour Code and how
to enforce contractual termination clauses.

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Dec 29, 2020
Featured Insight

Ontario Extends COVID-19 Period to July 3, 2021

Ontario has extended its COVID-19 period to July 3, 2021, providing relief to employers required to implement pandemic-related layoffs or wage reductions.

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Dec 18, 2020
Featured Insight

Human Rights Tribunal of Ontario Revisits Test for Family Status Discrimination

Human Rights Tribunal of Ontario Revisits Test for Family Status Discrimination

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Nov 18, 2020
Featured Insight

McMillan’s Employment and Labour Webinar

This annual workshop addresses significant legal developments and provides practical advice on responding to employee issues.

Details
November 10, 2020 - 11:30 am to 1:30 pm
Featured Insight

Federal Government Amends Canada Labour Code in Response to COVID-19

The Government of Canada has proposed amendments to the leave provisions in the Canada Labour Code and three new benefits for employees in response toCOVID-19.

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Oct 7, 2020
Featured Insight

Court Imposes “Harsh and Oppressive” Standard in Refusing to Enforce Stock Plan

The Ontario Superior Court refused to enforce a termination provision, similar to those commonly found in stock award agreements

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Sep 28, 2020
Featured Insight

Temporary Layoff and Constructive Dismissal Relief for Ontario Employers Extended to 2021

The Ontario government has updated its regulations under the Employment Standards Act, 2000 to extend the province's "COVID-19" period to January 2, 2021

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Sep 8, 2020
Featured Insight

Ontario Court of Appeal Comments on Service and Notice Calculation in the Context of an Asset Purchase Transaction

The Ontario Court of Appeal has provided helpful guidance for employers considering their obligations to longer-term employees after a business transaction.

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Aug 5, 2020
Featured Insight

Ontario Amends Employment Standards Legislation in Response to COVID-19

Ontario passes new protected leave of absence for employees impacted by COVID-19, and suggests COVID-19
cases should be reported as occupational illnesses.

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Aug 5, 2020
Featured Insight

Uber Drivers Given a Low-Arb Diet: Ontario Court of Appeal Invalidates Arbitration Clauses

Ontario Court of Appeal permitted a proposed class action against Uber Technologies Inc. to proceed despite the plaintiff agreeing to an arbitration clause

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Jul 22, 2020
Featured Insight

Heller v. Uber – What Employers Need to Know

SCC‘s decision in Heller v. Uber: employers beware when crafting arbitration clauses to avoid denying employees remedies afforded by the ESA (Ont.)

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Jul 1, 2020
Featured Insight

New Workplace Harassment and Violence Prevention Rules for Federally-Regulated Employers

The Government of Canada has published significant changes to the workplace harassment and violence provisions of the Canada Labour Code.

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Jun 28, 2020
Featured Insight

Ontario Provides Employers with Temporary Relief from COVID-Related Termination Risks

Ontario introduces creative measures (O. Reg. 228/20) to the Covid-related temporary lay off dilemma.

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Jun 1, 2020
Featured Insight

Litigating During COVID-19: Still Possible

A summary of the key ways to advance or continue litigation during the pandemic.

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May 20, 2020
Featured Insight

Establishing the New Normal: Return to Work Considerations in the COVID-19 Era

As COVID-19 restrictions begin to loosen in some jurisdictions, employers must consider the return to work process and what that entails.

Apr 29, 2020
Featured Insight

Calculating the CEWS: Meaning of “Leave With Pay” Leaves Questions Unanswered

As part of the Canada Emergency Wage Subsidy, employers with eligible employees on "leave with pay" can potentially claim an increased subsidy.

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Apr 23, 2020
Featured Insight

Federal Government Broadens Access to the Canada Emergency Response Benefit and Proposes Wage Support for Essential Workers

The federal government is expanding CERB access and proposes to help with wages of essential employees.

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Apr 17, 2020
Featured Insight

The Impact of COVID-19 on your Workforce in Canada

This webinar is designed to provide clarity on a range of employment law topics and cover up to the minute government programs.

Apr 8, 2020
Featured Insight

Bank Liable in Canada’s Largest Unpaid Overtime Class Action

The Ontario Superior Court of Justice has found one of Canada's largest banks liable for requiring or permitting uncompensated overtime to be worked.

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Apr 6, 2020
Featured Insight

We Do Not Think It Means What You Think It Means: The Ontario Court of Appeal Addresses Incentive Compensation Plans in O’Reilly v. IMAX Corporation

Ontario Court of Appeal comments on the interpretation of incentive pay clauses: A cautionary tale for employers.

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Jan 28, 2020
Featured Insight

Employment and Labour Seminar Series: Montréal

This seminar provides valuable practical advice to all employers seeking guidance on best practices in their workplace.

Dec 10, 2019
Featured Insight

Employment and Labour Seminar Series: Toronto

Join us as we discuss significant legal developments and provide practical advice on critical issues facing employers in Canada.

Oct 30, 2019
Featured Insight

Sweeping Changes to Federal Employment Standards Set to Take Effect

Many of the federal government's changes to the Canada Labour Code, proposed through Bills C-44, C-63 and C-86, are now set to take effect on September 1, 2019.

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Aug 7, 2019
Featured Insight

Employees’ Duty to Mitigate: Comparable Employment Does Not Mean Any Employment

The Ontario Court of Appeal has confirmed in a recent decision that an employee’s duty to mitigate following a without cause termination does not require the employee to accept a notably lesser position with the same employer.

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Jul 24, 2019
Featured Insight

24-Hour Rule: Court Confirms Limits of Medically Prescribed Cannabis Use in the Workplace

The Supreme Court of Newfoundland and Labrador (“Supreme Court”) has issued an important decision about the limits of accommodating the use of medically prescribed cannabis by an employee working in a safety-sensitive position.

Read More
Jun 24, 2019
Featured Insight

Ontario Passes Amendments to the Labour Relations Act, 1995 and Employment Standards Act, 2000

Ontario Bill 66, the Restoring Ontario’s Competitiveness Act, 2018, received Royal Assent.

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Apr 15, 2019
Featured Insight

Supreme Court of Canada Likely to Consider Post-Termination Bonus Entitlements

Supreme Court of Canada Likely to Consider Post-Termination Bonus Entitlements

Read More
Feb 26, 2019
Featured Insight

What’s Old is New Again in Ontario Workplaces as Bill 47 Receives Royal Assent

The "Making Ontario Open for Business Act, 2018", repealing changes brought about by Bill 148 under the previous government, has received Royal Assent.

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Nov 22, 2018
Featured Insight

Employment and Labour Seminar Series: Montréal

Employment and Labour Seminar Series: Montréal.

Details
November 8, 2018 - 8:30 am to 10:30 am ET
Featured Insight

Government of Canada Proposes Substantial Changes to Federal Employment Standards

Bill C-86 would significantly amend the Code's provisions concerning basic employment standards, non-standard employment relationships and termination.

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Nov 5, 2018
Featured Insight

Ontario Proposes Major Changes to the Employment Standards Act, 2000

On October 23, 2018, the Government of Ontario has put forward legislation, titled the Making Ontario Open for Business Act, 2018 (Bill 47)

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Oct 26, 2018
Featured Insight

Ontario to Make Major Changes to Employment and Labour Standards through the Making Ontario Open for Business Act

The Government of Ontario today introduced legislation to repeal several changes to the province's employment and labour standards legislation made through Bill 148.

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Oct 23, 2018
Featured Insight

To What Extent Must Employers Accommodate Medical Marijuana in the Workplace?

Although the obligation to address medical marijuana use by employees has added to the scope of concerns faced by Canadian employers, employers' broad obligations have not changed.

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Oct 11, 2018

Stop Finding Ambiguity Where There Is None – Ontario Court of Appeal Adds to the Law of Termination Clauses

June 2018, the Ontario Court of Appeal released a decision employers should pay attention to as it is more "employer-friendly" than some recent precedents.

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Jul 11, 2018
Featured Insight

“Don’t Worry, We All Know What That Clause Means” – Court Reaffirms The Importance of Carefully Drafting Fixed-Term Employment Agreements

Businesses and employees alike have been repeatedly reminded by their lawyers that employment contracts must be carefully and clearly drafted.

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Jun 21, 2018
Featured Insight

Ontario Government Walks Back Changes to Public Holiday Pay Calculation

The Ontario Government announced that it would walk back one of the more controversial changes to the Employment Standards Act, made as a result of Bill 148

Read More
May 8, 2018
Featured Insight

‘Tis the Season – Ontario Government Introduces Bill Setting Minimum Pay Rates for Private-Sector Contractors on Government Contracts

'Tis the Season - Ontario Government Introduces Bill Setting Minimum Pay Rates for Private-Sector Contractors on Government Contracts

Read More
Apr 20, 2018
Featured Insight

The 2018 Federal Budget: What Employers Should Know

Budget 2018 includes EI Parental Sharing Benefit, New pay equity legislation and transparency measures and CPP and EI contributions

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Mar 6, 2018
Featured Insight

Happy New Year: Termination Clause Upheld by Court of Appeal

In Nemeth v Hatch Ltd the Court of Appeal found the termination clause in the plaintiff's employment contract limited his notice entitlement.

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Jan 16, 2018
Featured Insight

Notable Changes to the Ontario Human Rights Code Likely On Their Way

Bill 164 adds four new prohibited grounds for discrimination immigration status, genetic characteristics, police records and social condition

Read More
Jan 9, 2018
Featured Insight

Drafting Termination Clauses – Be Careful That Your Fail-Safe Provision is Safe and Doesn’t Fail

Ontario employment law focused on use and construction of termination clauses in employment contract. 2017 decision involves proper use of fail-safe provisions

Read More
Jan 9, 2018
Featured Insight

Ontario Files Regulations to Clarify the Implementation of Bill 148: Impacts for the Auto Sector, Construction Industry and Others

Ontario Files Regulations to Clarify the Implementation of Bill 148: Impacts for the Auto Sector, Construction Industry and Others

Read More
Dec 21, 2017
Featured Insight

McMillan’s Second Annual Privacy, Cybersecurity and Data Protection Seminar

Members of McMillan’s Privacy, Cybersecurity, Data Protection groups will be discussing, for the second year running, how client and in-house counsel can educate their firms on how to navigate through privacy in the workplace, cyber security risks and data protection issues on Tuesday Nov 14, 2017.

Details
November 14, 2017
Featured Insight

Prying Eyes: Risk of Employee ‘Snooping’ and How to Reduce it

Prying Eyes: Risk of Employee ‘Snooping' and How to Reduce it

Read More
Nov 7, 2017
Featured Insight

Ontario Divisional Court Affirms Use of Contractual Limitation Period in Guarding Against Third Party Claims

Ontario Divisional Court Affirms Use of Contractual Limitation Period in Guarding Against Third Party Claims

Read More
Oct 30, 2017
Featured Insight

Bona Fide or Not? B.C. Human Rights Tribunal examines what constitutes a bona fide benefits plan

Bona Fide or Not? B.C. Human Rights Tribunal examines what constitutes a bona fide benefits plan

Read More
Oct 19, 2017
Featured Insight

Ontario Private Member’s Bill Proposes Broadened Human Rights Code

Ontario Private Member's Bill Proposes Broadened Human Rights Code

Read More
Oct 19, 2017

McMillan’s Employment & Labour Relations Group Seminar

Please join us for a practical and in-depth discussion aimed at HR professionals, in-house counsel and operations managers, who want to prepare and better understand how Bill1 48 will impact their business.

Details
September 28, 2017
Featured Insight

New Ontario Workplace Legislation to Impact Use of Contract and Temporary Workers

New Ontario Workplace Legislation to Impact Use of Contract and Temporary Workers

Read More
Jun 28, 2017
Featured Insight

Boucher v. Ontario (Superintendent of Financial Services) – Confirmation of Limits on Entitlement to Commuted Pension Value

Boucher v. Ontario (Superintendent of Financial Services) – Confirmation of Limits on Entitlement to Commuted Pension Value

Read More
Jun 15, 2017
Featured Insight

Court of Appeal for Ontario Affirms Strong Limitation on Employee’s Post-Termination Bonus Entitlement

Court of Appeal for Ontario Affirms Strong Limitation on Employee's Post-Termination Bonus Entitlement

Read More
Jun 14, 2017
Featured Insight

Ontario Proceeding with Important Amendments to the Labour Relations Act, 1995

Ontario Proceeding with Important Amendments to the Labour Relations Act, 1995

Read More
Jun 7, 2017
Featured Insight

Ontario Eases Solvency Funding Requirements

Ontario Eases Solvency Funding Requirements

Read More
May 17, 2017
Featured Insight

The 2017 Ontario Budget – Pensions and Benefits Play a Central Role

The 2017 Ontario Budget – Pensions and Benefits Play a Central Role

Read More
May 12, 2017
Featured Insight

What You Meant vs. What You Said – Employer’s Words Interpreted as Termination

What You Meant vs. What You Said – Employer's Words Interpreted as Termination

Read More
Apr 21, 2017
Featured Insight

Office of the Superintendent of Financial Institutions Releases PRPP Filing Guide

Office of the Superintendent of Financial Institutions Releases PRPP Filing Guide

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Apr 3, 2017
Featured Insight

We’ve Overpaid, Now What? OLRB Confirms Employers’ Obligations in Addressing Pension Overpayments

We've Overpaid, Now What? OLRB Confirms Employers' Obligations in Addressing Pension Overpayments

Read More
Mar 3, 2017
Featured Insight

No Benefits Plan Can Cover the Sun, Moon and the Stars: Should they Cover Medical Marijuana?

No Benefits Plan Can Cover the Sun, Moon and the Stars: Should they Cover Medical Marijuana?

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Feb 10, 2017
Featured Insight

Update: Federal Pooled Registered Pension Plan Legislation Amended to Recognize Ontario Legislation

Update: Federal Pooled Registered Pension Plan Legislation Amended to Recognize Ontario Legislation

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Jan 18, 2017
Featured Insight

Recent Cases Confirm Obligations When Holding Former Employees to Non-Competition Covenants

Recent Cases Confirm Obligations When Holding Former Employees to Non-Competition Covenants

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Jan 11, 2017
Featured Insight

New Regulatory Authority for Pensions on its Way

New Regulatory Authority for Pensions on its Way

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Nov 30, 2016
Featured Insight

Ontario’s Pooled Registered Pension Plans Act Takes Effect

Ontario's Pooled Registered Pension Plans Act Takes Effect

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Nov 29, 2016
Featured Insight

Blown Save: ONCA Delivers “Bad News” to Employers Regarding Severability Clauses

Blown Save: ONCA Delivers "Bad News" to Employers Regarding Severability Clauses

Read More
Nov 1, 2016
Featured Insight

2016 Annual Employment and Labour Seminar

McMillan's Labour and Employment Group invites you to join us at our annual employment and labour seminar.

Details
8:00 AM - 11:30 AM
Featured Insight

Bonus Plans: Being “Actively Employed” May Include Being Fired

Bonus Plans: Being "Actively Employed" May Include Being Fired

Read More
Aug 10, 2016
Featured Insight

Bonus Plans: Being “Actively Employed” May Include Being Fired

When does a bonus form part of compensation owed during a terminated employee's notice period?

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Aug 10, 2016
Featured Insight

Update: Formal Workplace Measures to Combat Sexual Harassment Required by September 2016

Update: Formal Workplace Measures to Combat Sexual Harassment Required by September 2016

Read More
Mar 16, 2016
Featured Insight

Ontario’s Sexual Violence and Harassment Plan Act Passes First Reading

Ontario's Sexual Violence and Harassment Plan Act Passes First Reading

Read More
Nov 7, 2015
Featured Insight

Heads Up! More Changes to Ontario’s Labour and Employment Laws are Likely on Their Way

Heads Up! More Changes to Ontario's Labour and Employment Laws are Likely on Their Way

Read More
Jun 6, 2015
Featured Insight

The Most Important Question is Why: the SCC Revisits Constructive Dismissal

The Most Important Question is Why: the SCC Revisits Constructive Dismissal

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Mar 16, 2015
Featured Insight

Ontario Human Rights Commission Comments on Sexual Harassment in the Workplace

Responding to recent events where the issue of sexual harassment has obtained national focus, the Ontario Human Rights Commission published an information bulletin on sexual harassment in the workplace.

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Jan 20, 2015
Featured Insight

Call it What you Want, It’s Still Constructive Dismissal

Call it What you Want, It's Still Constructive Dismissal

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Jan 19, 2015
Featured Insight

Three New Leaves for Ontario Workers to Take Effect October 29, 2014

Three New Leaves for Ontario Workers to Take Effect October 29, 2014

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Jul 17, 2014