Archive | Victoria’s Blog

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Off-Duty Conduct: Viral Videos, Doxxing, and Employer Rights and Obligations

By Victoria Merritt. The world is online. Everyday interactions go viral and wreak havoc. Recent examples: Videos of a woman calling the police on a bird-watcher in Central Park and  “debunking” COVID-19 myths were posted online, and resulted in an immediate backlash which included identifying the involved individuals’ employers and calling for consequences. In the […]

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Severance Clauses: One Bad Apple Spoils the Bunch?

By Victoria Merritt.  The enforceability of termination clauses in employment contracts has been hotly contested in recent years, particularly in Ontario. The 2020 decision from Ontario’s Court of Appeal (the ONCA) in Waksdale v. Swegon North America Inc. is the latest judicial warning to employers on this topic, as it suggests that employers must get every […]

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“Unsafe Work” and COVID-19

By Victoria Merritt. As COVID-19-related restrictions ease in British Columbia, employers and employees have begun to navigate the process of returning to work. Anxiety around safety in a non-virtual workspace, ongoing family care obligations, increasing economic pressure, and constantly evolving rules make for stormy seas to sail. A number of my colleagues have already shared […]

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Uber’s “Unconscionable” Arbitration Clause Opens Door for Class Action

By Victoria Merritt.  The Supreme Court of Canada has decided that Ontario courts, not a Dutch arbitrator, can hear a potential class action lawsuit against Uber that may determine if its drivers are “employees.” In doing so, the majority affirms the principle of unconscionability, reminding employers that an enforceable employment agreement must be fair and […]

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