Barry Fisher's Employment Law Blog
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Barry B. Fisher LL.B. is a mediator and arbitrator in Toronto.His practice focuses on both labour and employment law matters. He is one of the most often chosen mediators for employment law cases under the Ontario Mandatory Mediator Program. Barry is a frequent presenter at seminars and educational courses on issues relating to employment law, labour law, and ADR.
Barry Fisher's Employment Law Blog
1M ago
In Smith v Lyndebrook Golf Inc., 2024 CanLII 103671 (ON SCSM) Deputy Judge David M. José had a situation where a 51 year old Golf Superintendent with one months service was entitled to 5 months notice, due largely to the fact that he was a seasonal employee who was terminated mid season and therefore would ..read more
Barry Fisher's Employment Law Blog
1M ago
In Maximenko v. Zim, 2024 ONSC 5540 Justice Brownstone awarded 24 months notice to an almost 59 year old General Manager with almost 21 years service who was making approximately $160,000 / year . In determining the appropriate bonus calculation for the notice period, the three year average was $27,725 however in the calendar year in ..read more
Barry Fisher's Employment Law Blog
1M ago
In Bouchard v Facility Condition Assessment Portfolio Experts Ontario Ltd., 2024 BCSC 1870, Justice Walken was faced with a situation where the Plaintiff had sold his company to the Defendant by way of two agreements : 1) Share Purchase Agreement : 12. CONSULTING AGREEMENT The principal of the Vendor, [Mr. Bouchard] agrees to enter into an ..read more
Barry Fisher's Employment Law Blog
1M ago
In Wilds v. 1959612 Ontario Inc., 2024 ONSC 3452 (CanLII) Justice Vermette found multiple ESA violations in the employment contract. In determining whether the savings clause was sufficient to offset these illegal provisions, this is what the judge said : [64] The last paragraph of section 15.1 of the Employment Agreement is a “saving provision”. For convenience ..read more
Barry Fisher's Employment Law Blog
1M ago
n Ferweda v Mercer Celgar Limited Partnership, 2024 BCSC 844 (CanLII) ( https://canlii.ca/t/k4mqj) Tammen had this to say as to why he found that the Plaintiff had been induced to join the Defendant : 33] In reaching this conclusion, I find the following facts to be important considerations: a) Celgar recruited ..read more
Barry Fisher's Employment Law Blog
1M ago
In Marshall v. Mercantile Exchange Corporation (2024 CanLII 71128 (ON SC) https://canlii.ca/t/k62r7, Justice Koehnen has a situation where the Plaintiff was claiming 26 months notice but plead that they were unable to look for another job because of their medical condition. The Defendant moved under 105 (2) of the Courts of Justice Act provides ..read more
Barry Fisher's Employment Law Blog
1M ago
In 415909 Canada Inc c.o.b. PARS 2000 v. Moghadam, 2024 ONSC 3886 (CanLII), Justice Kaufman faced a common situation where a dismissed employee who had the benefit of using a company car for their personal use refused to return the car to their former employer after being wrongfully dismissed. In this case the former employer ..read more
Barry Fisher's Employment Law Blog
1M ago
In Wilds v. 1959612 Ontario Inc., 2024 ONSC 3452 , Justice Vermette dealt with the following termination clause : Although it is difficult to contemplate ending our relationship when it is just beginning, it is mutually beneficial to determine our respective obligations ahead of time. This Agreement can be terminated prior to the expiration of ..read more
Barry Fisher's Employment Law Blog
1M ago
n Brown v. General Electric Canada et al., 2024 MBKB 95 (CanLII), Justice Bock had a situation where the Employer sold its assets to a Purchaser who at the same time offered the Plaintiff a job on the same terms and conditions as he had before . As this was an sale of assets and ..read more
Barry Fisher's Employment Law Blog
1M ago
In their Notice of Appeal the Township asked the Ontario Court of Appeal to convene a panel of five judges because they wanted to overturn the seminal Ontario Court of Appeal case of Waksdale v. Swegon North America Inc., 2020 ONCA 391. In a ruling from the Associate Chief Justice dated June 10, 2024, this ..read more