Page 57 - Canada Labour Code News Today

Bottom Line In the recent decision of Sager v. TFI International Inc., the Ontario Superior Court determined that a termination clause governed by the Canada Labour Code was unenforceable, despite offering more termination and severance pay than the minimum requirements under the Canada Labour Code (" CLC"). The clause was struck down for failing to maintain the terms and conditions of employment during the statutory notice period. Background The employee, Mr. Sager, was employed by Loomis E...

After twelve years of litigation in Fresco v. Canadian Imperial Bank of Commerce, Justice Belobaba of the Ontario Superior Court of Justice recently decided two summary judgment motions on the merits – dealing first with liability and then damages. In the liability decision, Belobaba J. found the defendant bank liable for permitting the plaintiff class members (front-line bank employees) to work uncompensated overtime hours, and for failing to record those hours in accordance with federal l...