Grosman Gale Fletcher Hopkins LLP

09/08/2026

The latest Labour Force Survey numbers reveal an unexpected shift in Canada's employment landscape, with 42,000 jobs lost in August, including 18,000 in Ontario alone.

As economic cooling and trade pressures impact both public and private sectors across the Greater Toronto Area, understanding workplace rights during corporate restructurings, mass lay-offs, and package negotiations is more critical than ever for employers and employees alike.

This report breaks down the latest employment statistics and what economists are watching next.

https://ow.ly/NzhM50ZKJXL

09/03/2026

Grosman Gale Fletcher Hopkins LLP is proud to announce that partners William R. Gale, R. Mark Fletcher, and Catherine Osborne have been recognized in the 2027 edition of The Best Lawyers in Canada for Labour and Employment Law.

This peer-evaluated recognition highlights William's continued inclusion since 2010, Mark's selection since 2021, and Catherine's new inclusion in the prestigious directory.

This honour reflects our firm's long-standing dedication to providing exceptional representation and practical solutions for both employers and employees across all areas of labour and employment law. Read the full post on our website to learn more.

https://ow.ly/tN9U50ZIPG5

08/27/2026

Friendly sports pools and fantasy leagues can boost workplace morale, but they also bring unexpected legal and operational risks for employers. From lost productivity and misuse of company technology to potential human rights issues—such as failing to accommodate employees with gambling addictions or creating friction around religious objections—unmonitored betting can complicate the work environment.

Read our latest blog post to learn how employers can manage workplace gambling risks, implement clear HR policies, and foster an inclusive office culture: https://ow.ly/YvSK50ZG5PP

Learn how fantasy sports, office pools and workplace gambling may affect Toronto employers and employees.

08/25/2026

Two recent Ontario Court of Appeal decisions reinforce that clear, properly drafted termination clauses limiting severance to Employment Standards Act minimums are fully enforceable. When contracts explicitly limit notice in compliance with statutory rules, courts will uphold them over common law reasonable notice.

For employers, this means routinely updating contracts to maintain enforceable termination language. For employees, it highlights the importance of having a lawyer review your agreement before signing or accepting a severance offer.

Ruling says termination provisions met minimum statutory entitlements

08/20/2026

The recent legal developments surrounding airline labour disputes highlight critical complexities within federally regulated industries and Canadian employment law. Under Part I of the Canada Labour Code, managing high-stakes collective bargaining requires a delicate balance between commercial continuity and constitutionally protected strike rights.

When federal authorities evaluate intervention - whether through ministerial direction or referral to binding arbitration - it fundamentally alters the leverage points for both employers and bargaining units. These decisions set lasting precedents for union negotiations and dispute resolution mechanisms across transportation, telecommunications, and other federally regulated sectors.

For employers, executives, and HR leaders, navigating these regulatory frameworks requires a clear understanding of statutory duties, emergency powers, and long-term industrial relations strategy.

Read our full analysis in our latest blog post on what recent airline disputes reveal about federal labour intervention: https://ow.ly/MqiT50ZBvO3

Explore how the 2026 WestJet strike unfolded and what it reveals about collective bargaining, strikes and federal labour law.

08/18/2026

The term “constructive” is a euphemism for a breach of contract arising from the employer's behaviour or actions. This is distinguished from a termination in which the employer expressly states that the individual's employment is being terminated.

The onus of proving that an employer’s behaviour or actions amounted to a constructive dismissal rests with the employee. The employee must establish, on the balance of probabilities and based on objective evidence, that the employer's actions and behaviour amounted to a repudiation of the existing terms of the employment relationship and constituted a constructive dismissal.

Leaving the workplace before you know your rights, or deliberately trying to push an employee out, may be a costly mistake that Grosman Gale Fletcher Hopkins LLP can help prevent. Contact us online or at 416.364.9599.

08/13/2026

In Wigdor v. Facebook Canada Ltd., 2026 ONCA 572, the Ontario Court of Appeal ruled that a former Meta research director is entitled to US$4.7 million in restricted stock units (RSUs) that would have vested during his notice period. Reversing the lower court, the Court held that Meta's RSU forfeiture clauses violated sections 60 and 61 of the Employment Standards Act, rendering them unenforceable.

The decision confirms that equity vesting cannot be forfeited during the statutory notice period, establishing key precedent for executive compensation and incentive plan drafting.

https://ow.ly/AzFU50ZzseL

08/10/2026

A study from McMaster University reveals persistent, systemic discrimination against Indigenous job applicants within Canada's food services sector. Published in Equality, Diversity and Inclusion, the research demonstrates that even when education, qualifications, and work experience are held constant, applicants disclosing Indigenous heritage face significantly lower response rates and hiring preferences compared to white and racialized peers.
https://ow.ly/45Lg50ZxK0y

Researchers submitted fictitious résumés representative of applicants from different racial backgrounds to hundreds of front-of-house roles

08/04/2026

The departure of a key salesperson presents an immediate commercial risk for businesses, given the direct client relationships, proprietary pricing data, and strategic sales pipelines involved.

When a departing representative joins a rival firm, targets former accounts, or misuses confidential information, the breach rapidly transitions from an operational issue to a high-stakes legal dispute. Determining the optimal remedy depends heavily on contract enforceability, fiduciary status, and the demonstrability of irreparable harm or misuse of trade secrets.

Our latest blog details the strategic options available to employers facing non-solicitation breaches, evaluating the mechanics of cease-and-desist actions, the strict evidentiary bar for interlocutory injunctions, and long-term risk-mitigation strategies.

https://ow.ly/Tz0O50ZwfTL

Learn how Toronto employers can manage client solicitation risk when sales employees leave for competitors or start new roles.

07/28/2026

The Canada Industrial Relations Board has issued a second order this month directing the Bank of Canada to immediately cease using external contract workers to replace its striking security officers.

The board determined that the central bank repeatedly contravened the Canada Labour Code by employing Pinkerton Consulting & Investigations personnel during the ongoing labour dispute. This follows an earlier July ruling in which the bank was penalized for relying on contractors from Garda Canada Security Corporation, alongside union members, to maintain operations.

The decision represents a critical reinforcement of federal replacement worker restrictions, signalling that the board will strictly enforce compliance across federally regulated employers.

https://ow.ly/ZKhI50ZtTLZ

Central bank says it's considering 'all of its legal options' after federal labour board finds violations