Latest news & insights

February 29, 2024

Respondents have severely limited rights in workplace investigation: Employment lawyer weighs in


A respondent in a workplace investigation, no matter how serious the allegations, simply does not have the same procedural rightsas an accuser in a law enforcement investigation. The usual strategies and recommendations followed in criminal law are very different in a workplace investigation.

February 7, 2024

Case study: Waksdale v. Swegon North America


The Court of Appeal agreed, finding that a flaw in one provision in an employment contract dealing with termination invalidates all provisions of that contract that deal with termination.

February 1, 2024

Case study: Livshin v. The Clinic Network Canada


Following well-settled cases like, Justice William Black found that the contract in question had a termination clause that violated the Employment Standards Act (ESA) in how it addressed Livshin’s entitlements in the event he was dismissed with just cause. As a result, the entire employment contract was invalid.

November 15, 2023

Rare SCC ‘tie’ upends construction status quo in Ontario


Executive employment lawyer Frank Portman comments on the Supreme Court of Canada decision on the employment law responsibilities of constructors, employers, and owners.

October 27, 2023

Workplace discrimination: what does 'restorative engagement' mean for HR?


The federal government announced Oct. 25 that it is assembling a special panel charged with creating a new “restorative engagement program” (REP) for its public service workforce. The program is designed to tackle discrimination and harassment in federal government agency workplaces.

Although the initiative is meant for federal employees, there are implications for private sector HR leaders as well, said Frank Portman, partner at Massey LLP in Toronto, as federal initiatives can have a “trickle down effect,” becoming indicators of trends to come.

July 28, 2023

Barbie Has a British Rival. Its Fans Are Ready for a Fight.

The Wall Street Journal

Entertainment lawyer Emma Chapple weighs in on American Barbie and British Sindy, in the huge popularity and financial success of Barbie movie.

October 28, 2022

Lawyers for OPSEU's former president say union's allegations 'bogus'

CBC News

Jeffrey Kroeker and Frank Portman, co-counsel for Thomas, said in a statement Tuesday that the statement of claim is “riddled with errors, falsehoods, and untrue allegations.”

“Mr. Thomas rejects the claim against him and intends to defend his good name,” the lawyers wrote.

October 28, 2022

Failed Brampton mayoral candidate pursues legal action against city over firing

The Toronto Sun

“Having reviewed the circumstances leading to her unlawful dismissal, it is clear that Ms. Kaur’s dismissal was targeted retaliation and formed part of a larger conspiracy against her involving senior staff at the city and the mayor’s office,” Portman wrote.

“Specifically, Ms. Kaur’s termination is the culmination of a long conspiracy among senior city officials to silence her persistent efforts to expose wrongdoing and possible corruption in the city’s administration.”

April 5, 2018

From old photos to Ashley Madison account: Managing a digital legacy


Increasingly, the records of our lives exist only in electronic storage devices. As a result, we need to think about the practical results of this online existence, both individually and collectively, and executors, with the lawyers who advise them, need to consider how to cope with the administration of the flotsam and jetsam of our digital lives.