Canada: Employment and HR

The Ontario Court of Appeal has ruled that contractual labels cannot override the true nature of working relationships, even when workers choose independent contractor status for tax benefits. This decision examines how shareholding in a company intersects with employment status and whether foreign forum selection clauses can prevent Ontario workers from accessing provincial employment protections.

When an Ontario employer terminates an employee holding unvested Restricted Stock Units, can forfeiture clauses in equity agreements lawfully eliminate the employee's right to continued vesting during the statutory notice period? The Ontario Court of Appeal's decision in Wigdor v. Facebook Canada Ltd. addresses this critical question, examining whether such provisions impermissibly contract out of Employment Standards Act protections and what financial consequences employers face when equity forfeiture term

Canadian employment law faces evolving challenges as courts navigate cross-border contractor disputes, bad faith termination damages, and the potential prohibition of non-compete clauses under proposed federal legislation. Recent judicial decisions highlight critical distinctions between employee rights and contractual obligations, while examining the interplay between asset purchase agreements and employment contracts in business transactions.

Le 5 octobre 2026, la Cour fédérale (la « Cour ») a rendu une décision rejetant une demande de contrôle judiciaire concernant des rapports d’enquête sur des incidents de harcèlement en milieu de travail préparés en vertu du Règlement sur la prévention du harcèlement et de la violence dans le lieu de travail (le « Règlement ») du Code canadien du travail (le « Code »).

WorkSafeBC is proposing significant amendments to British Columbia's Occupational Health and Safety Regulation that would fundamentally reshape how employers address workplace harassment, violence, and psychological health. The proposed changes introduce expanded definitions, new prevention program requirements, and obligations to identify and control psychosocial hazards. These amendments could require most B.C. employers to substantially revise their existing workplace policies and procedures.

When employers think about workplace accommodations, they often picture visible disabilities, yet many disabilities are not immediately apparent. Mental health conditions, ADHD, learning disabilities, chronic pain disorders, migraines, autoimmune conditions, and endometriosis can all affect an employee's ability to perform their job, despite having no obvious outward signs.

Canadian taxpayers who pay for a lawyer often assume the bill is simply a cost of doing business, or a cost of life, with no tax consequence either way.

Registered Disability Savings Plans offer eligible Canadians a powerful tool to build tax-deferred savings for life after 60, complete with government matching grants up to $70,000 and bonds up to $20,000. Despite these significant benefits, only one-third of eligible Canadians have opened an RDSP. Understanding how these plans work, including contribution limits, withdrawal rules, and eligibility requirements, can help individuals with disabilities secure their financial future.

Many immigrants had a career before they moved to Canada and they might be eligible to receive a foreign pension from another country.

The Ontario Court of Appeal has ruled that contractual labels cannot override the true nature of working relationships, even when workers choose independent contractor status for tax benefits. This decision examines how shareholding in a company intersects with employment status and whether foreign forum selection clauses can prevent Ontario workers from accessing provincial employment protections.

Canadian employment law faces evolving challenges as courts navigate cross-border contractor disputes, bad faith termination damages, and the potential prohibition of non-compete clauses under proposed federal legislation. Recent judicial decisions highlight critical distinctions between employee rights and contractual obligations, while examining the interplay between asset purchase agreements and employment contracts in business transactions.

Foreign companies entering Canada face a complex employment law landscape where common US practices often fail legal scrutiny. Understanding the differences between at-will termination...