Stephen J. Moreau

(416) 964-5541 smoreau@cavalluzzo.com

Appeal court restores clarity around illegal termination clauses

/ Employment/Labour /

By Paul Russell, LegalMatters Staff • The Court of Appeal decision in Rahman v. Cannon Design Architecture makes it clear that illegal termination provisions in employment contracts make those provisions void in all circumstances, says Toronto employment and labour lawyer Stephen J. Moreau.  “The uncertainty around this issue that was raised by the lower court decision our client […]

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New bill won’t stop employers from looking over your shoulder

/ Employment/Labour /

A newly enacted law that compels Ontario firms to disclose if and how they are monitoring the activities of employees was announced with much fanfare by Ontario’s government in late February, but on closer examination, the legislation falls well short in many areas. The first thing to be said is that this type of law

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What ‘exceptional circumstances’ warrant longer notice periods?

/ Employment/Labour /

When an employer terminates an employee’s employment, they usually owe the employee prior “reasonable notice” of termination. The notice periods required of employers are generally capped at 24 months. However, courts have granted exceptions where there are exceptional circumstances. But the question then arises: What are those circumstances? Various rulings demonstrate there is no uniform

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Cineflix class-action settlement good news for other workers

/ Criminal Law /

By Paul Russell, LegalMatters Staff • A class-action settlement worth at least $1 million sets an important precedent for any case where employers don’t pay workers overtime, vacation or holiday pay, says Toronto employment and labour lawyer Stephen J. Moreau. A partner with Cavalluzzo LLP, he represented an estimated 800 to 900 individuals who worked

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Ontario’s war against non-compete clauses is all for show

/ Employment/Labour /

As part of an attempt to give the impression of reforming the law in a way that benefits Ontario workers, the provincial government recently passed legislation “banning unfair non-compete agreements that are used to restrict work opportunities, suppress salary increases and wage growth” (an exception was made for executives). In my opinion, this legislation is

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Contradictory COVID-19 rulings dominated employment law in 2021

/ 2021 Year in Review, Employment/Labour /

New precedents in employment law kept Stephen J. Moreau busy in 2021, especially labour issues related to the COVID-19 pandemic. In January, he wrote about an Ontario funeral home that was told by the courts to pay a former employee $1.2-million after the business violated a fixed-term contract with him. “This case perfectly illustrates the

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Court ruling a lost chance to set the law on ‘harsh’ termination clauses

/ Employment/Labour /

In July 2020, the Ontario Superior Court (OSC) ruled in Battiston v. Microsoft Canada Inc. that, when an employer includes a “harsh and oppressive” termination provision in an employment contract that limits what it owes an employee on their termination, the employer must make extra efforts to bring those provisions to the employee’s attention. This decision

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Canadians are uncomfortable with the way Uber does business

/ Employment/Labour /

A recent Ontario Superior Court of Justice decision to certify a class-action lawsuit against Uber Technologies Inc. is an important step toward clarifying the rights of all gig workers in Canada, though many legal challenges lie ahead. The class action argues that Uber couriers should be entitled to minimum wage, vacation pay and other protections

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People dismissed during COVID deserve longer notice periods

/ Employment/Labour /

A recent Superior Court of Justice decision confirms that longer notice periods should be given to people terminated without cause during a pandemic. In Kraft v. Firepower Financial Corp., the plaintiff was a commissioned salesperson working in the investment banking field. In March 2020, he was dismissed just before the rise of COVID-19 led to

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