Context and Commentary From Our Lawyers
Insights shares general information about developments across our core practice areas in Ontario. We highlight trends, decisions, and practical considerations to help you recognize when an issue may require professional advice. Every matter is fact-specific; if something here raises a question for you or your business, please contact our team.
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A Flashpoint for Employers: Workplace Safety and OHSA Compliance
An Ontario waste management company was recently fined $130,000 after a workplace flash fire injured four workers. The case is a reminder that employer liability under Ontario’s workplace safety regime can be significant where hazardous processes are not managed with sufficient care. For employers, the practical lesson is straightforward: workplace safety policies and programs must…
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Remote Work: When does Ontario Employment Law Govern
In Jiri Pik v. Cure Data Inc., 2025 CanLII 38289 (ON LRB), the Ontario Labour Relations Board addressed a practical question that is increasingly pressing as remote work becomes more common: what employment law applies when an employee works remotely from outside Ontario? The decision is notable for its emphasis on the employee’s actual, physical…
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Independent Contractors vs. Employees in Ontario: Why Classification Matters
Independent Contractors vs. Employees in Ontario It is common for businesses to treat workers as independent contractors when, in law, they may actually be employees. That distinction matters. In Ontario, adjudicators can look beyond the label used in a contract and decide that a worker who was called a contractor was misclassified and should be…
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Short service can lead to substantial severance
It is a common misconception that an employee who has worked for a short period of time is entitled to only a modest amount of severance or notice on termination. In Ontario, that is not necessarily the case. Where there is no enforceable employment agreement limiting termination entitlements, an employee may be entitled to substantial…
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Meet & Greet with Local Business Advisors on June 10, 2026
Meet & Greet with Local Business Advisors Hosted by Pearsall Marshall LLP Featuring: Pearsall Marshall LLP (employment counsel), Venture Pro (business consulting), and Avalign Ltd. (staffing and recruiting) Wednesday, June 10, 2026 | 4:00 – 7:00 pm GL Heritage Brewing Co., 8728 Howard Avenue (Essex Rd 9), Amherstburg, ON Free | Light Refreshments Join…
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Timmins v. Artisan Cells: Withholding Contractual Severance in Exchange for a Release Can Repudiate an Employment Agreement
Introduction In Timmins v. Artisan Cells, the Ontario Superior Court of Justice considered a familiar but important termination scenario: an employer paid less than the employee was contractually owed and then tried to use the remaining severance as leverage to obtain a full and final release. The court found that this conduct repudiated the employment…
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Ontario Court of Appeal Upholds Back-to-Work Legislation Ending College Faculty Strike
Overview The Ontario Court of Appeal’s decision in Ontario Public Service Employees Union v. Ontario (Attorney General), 2026 ONCA 74, provides important guidance for unionized employers and public sector stakeholders considering the constitutional risks and limits of back-to-work legislation. The case arose from Ontario’s 2017 college faculty strike. After five weeks of strike action, the…
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Ontario Court of Appeal Confirms Enforceability of ESA-Only Termination Clauses in Bertsch v. Datastealth Inc.
Introduction In Bertsch v. Datastealth Inc., 2025 ONCA 379, the Ontario Court of Appeal confirmed that a properly drafted termination clause limiting an employee’s entitlements to the minimums under the Employment Standards Act, 2000 can be enforceable. For employers, the decision is a useful reminder that careful drafting matters: a clause that clearly tracks the…
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Pearsall Marshall LLP Opens Amherstburg Ontario Office
Pearsall Marshall Law Firm is pleased to announce the opening of our new Amherstburg office. This new location is now open at: 61 Richmond St Amherstburg, Ontario Phone: 519-326-4415 We are very pleased to be offering an Amherstburg location to complement our other offices throughout Windsor and Essex County. The office is open now during…
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Pearsall Marshall LLP Expands to Tilbury as Paul Courey Joins the Firm
Pearsall Marshall Law Welcomes Paul Courey Pearsall Marshall LLP is pleased to announce that the practice of lawyer Paul Courey (Courey Law Professional Corporation) and his Tilbury, Ontario office has joined the team, effective immediately. Paul brings more than 30 years of experience and is a highly respected Essex County lawyer. His practice includes: Real…
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The Trouble with Sole Discretion in Termination Clauses
Termination Clauses Continue to Face Close Scrutiny For human resources professionals, termination clauses are often drafted with the goal of creating certainty. Employers want language that clearly defines what happens if employment ends without cause, and they want that language to be enforceable. Recent Ontario decisions, however, continue to show that wording matters a great…
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WSIB Claims Management – Employer Guidance from Initial Reporting to Claim Closure
What WSIB Claims Management Means When a worker is hurt or becomes ill because of work, the Workplace Safety and Insurance Board (WSIB) gets involved. Claims management is how you, as the employer, report the incident, support a safe return to work, control claim costs, and close the file properly. In Ontario, whether you run…