Monkhouse Law

02/04/2026

Andrew Monkhouse is honoured to share that a student paper inspired by his Legal Process course at Osgoode Hall Law School has received a national award from the Canadian Bar Association.

The paper explores how artificial intelligence could be used carefully and ethically to help address court backlogs and improve access to justice, from judicial case triage to procedural efficiency.

You can read the essay here:
https://www.cba.org/sections/civil-litigation/resources/essaywinnercivil2025/

Ee Wai Chee is the winner of the 2025 Civil Litigation Essay Contest for their paper titled, "How might AI be integrated into Ontario’s civil justice system?".

01/14/2026

As of Jan. 1, a range of new employment rules came into effect in Ontario as part of the province’s Working for Workers Act. Some employment lawyers are already questioning the effectiveness of these new rules.

Ontario job postings from employers with 25+ employees must now:

• State the salary range or hourly wage bracket on job postings (and the annual salary range cannot be wider than $50,000)
• Disclose if they are using artificial intelligence to screen, assess, or select job applicants in publicly advertised job postings
• Respond to an applicant about a hiring decision, whether or not they got the job, within 45 days from the date of an interview

In an interview with The Globe and Mail, Andrew Monkhouse said:

“Self-compliance is the way that the current provincial government has been choosing to try and improve employment law. But there is no effective punishment for non-compliance.”

Read the full article here (for subscribers): https://www.theglobeandmail.com/business/article-ontario-hiring-pay-transparency-rules-enforcement/

Employers must now disclose salary range or hourly wage bracket in job postings, among other obligations

12/16/2025

$7.6M Settlement Approved in Desjardins Negative Vacation Bank Class Action

The Ontario Superior Court of Justice has approved a $7.6 million settlement in a class action alleging that Desjardins was not entitled to recover the negative vacation bank amounts from employees. Without any admission of liability, Desjardins agreed to resolve the claims and has ceased applying the policy as of April 24, 2025 and current employees will be made whole by April 2, 2026.

Key details for former employees:
✅ Settlement approved: November 3, 2025
📅 Claims deadline: March 25, 2026
📄 Claims are administered by Verita, the Court-appointed Class Administrator

Former employees outside Quebec who worked for Desjardins entities between May 1, 2011 and August 13, 2017, were subject to the Policy and who were terminated or left Desjardins prior to April 24, 2025, other than those who executed a termination agreement releasing their claims for vacation pay on or before July 31, 2024 are eligible to claim under the Settlement.

🔗 Learn more and submit a claim:
https://www.desjardinsvacationbanksettlement.com/
https://www.monkhouselaw.com/desjardins-negative-vacation-bank-class-action/

Monkhouse Law Employment Lawyers continues to advocate for employees through class actions and employment law litigation.

12/09/2025

Workplace Discrimination: Your Rights Under Provincial and Federal Human Rights Laws: In this video, Reshida Darrell explains the protections available to employees who experience discrimination at work, under Ontario’s Human Rights Code and federal legislation.

Key points:

• Ontario’s Human Rights Code protects employees on 17 grounds, including race, disability, age, sex/pregnancy, family status, and gender identity/expression.
• Employment is a protected area, meaning employees have the right to equal treatment and a workplace free from discrimination and harassment.
• Ontario workers can file applications with the Human Rights Tribunal of Ontario.
• Employees in federally regulated sectors (banking, telecom, transportation, etc.) are covered under the Canadian Human Rights Act, which lists 13 prohibited grounds. Complaints are made to the Canadian Human Rights Commission.
• A discriminatory requirement may only be allowed if it qualifies as a bona fide occupational requirement (BFOR)—something genuinely necessary for the role and not reasonably adaptable.

Watch the video (3.5 min): https://youtu.be/a4x07XjGZfE

11/25/2025

How Is Common Law Notice Determined? In this video, Taiwo Onabolu explains how notice periods are determined when an employee has been terminated.

Key points:

• Reasonable notice is intended to give employees time to secure new employment. In many cases, this period ranges from roughly 3 to 24 months, depending on the circumstances. In certain circumstances, Courts may award common law notice that is greater than 24 months.

• Courts rely on the Bardal factors when assessing notice entitlements, including:
• the nature of the position
• the employee’s length of service
• the employee’s age
• the availability of similar roles

• Certain workers may not be entitled to common law notice — including unionized employees, employees with enforceable termination clauses, fixed-term contract workers, and those who have signed valid releases.

Watch the video (2 min): https://youtu.be/LoJSuDa6KAc

11/12/2025

Monkhouse Law successfully defended a motion to strike in a case involving alleged misrepresentation by the directors of a failed startup.

Justice Penman of the Ontario Superior Court found that the plaintiff’s claim disclosed a reasonable cause of action, allowing the case to proceed against the individual shareholder-officers personally. The court confirmed that directors may face personal liability for tortious misrepresentation and oppressive conduct in employment matters.

Congratulations to Alexandra Monkhouse, who represented the plaintiff, on this important result.

Read more about the case: https://www.monkhouselaw.com/ontario-court-allows-personal-liability-claim-against-failed-startup-over-alleged-misrepresentation/

The Ontario Superior Court has ruled that a former employee of a failed startup may be entitled to relief under the oppression remedy against two shareholder-officers personally, after they allegedly […]

11/07/2025

Should You Resign If You Can’t Work? In this video, Miguel Mangalindan shares 5 tips for employees who are struggling to work and wondering whether they should resign. If you’re facing challenges, it’s important to understand your options before making any decisions.

Key points:
• Explore disability benefits, such as short-term or long-term disability or CPP Disability Benefits.
• Consider accommodation requests — employers must accommodate employees with disabilities to the point of undue hardship.
• Understand your entitlements before resigning, as you may forfeit severance or benefit continuation.
• If your workplace has become toxic or hostile, you may have grounds for constructive dismissal.
• Always seek legal advice before resigning to ensure your rights are protected.

Watch the video (2.5 min): https://youtu.be/Mv83e_8n1xM

10/09/2025

Job Protected Leave in Ontario – In this video, Dharshani Arumugam explains what job protected leave means under Ontario’s Employment Standards Act (ESA) and what protections employees have when they need time off due to illness, injury, or medical emergency.

Under the ESA, employees in Ontario are entitled to up to 3 days of unpaid, job protected leave each calendar year once they’ve worked for their employer for at least two consecutive weeks.

Key points:
• Job protected leave is also known as sick leave.
• Applies to both full-time and part-time employees.
• Employers may request a medical note but cannot ask for diagnosis or treatment details.
• Sick leave is job-protected, meaning your employer cannot threaten, fire, or penalize you for taking it.
• If your employment contract provides greater sick leave benefits, those terms apply.

Knowing your rights ensures employees can take necessary time off without fear of reprisal.

Watch the video (2 min): https://youtu.be/37Lr6nufBSo

09/16/2025

Meet Monkhouse Law’s 'Class of 2025'!
We’re thrilled to welcome eight new lawyers to our employment law team:

Pratibha Siva · Jordan Haworth · Sadaf Shahzad · Farhin Mim · Amara Malena Maraj · Farida Madhosh · Samuel Tyler · Victoria Trasente

From wrongful dismissal and severance to human rights and mediation, this group is ready to hit the ground running.

Please join us in giving them a warm welcome to Monkhouse Law Employment Lawyers!

09/12/2025

Constructive Dismissal in Ontario is a Wrongful Dismissal: In this video, Alisa Mirkovic explains how constructive dismissal works under Ontario employment law and what employees should know if they’ve been forced out without an official termination letter.

A constructive dismissal occurs when an employer makes substantial changes to your job that effectively end the employment relationship. This can include:
• Demotion or significant change in job duties
• Reduction in pay or benefits
• Reassignment to an undesirable role or location
• Creating a hostile or unsafe work environment

Key points:
• Constructive dismissal is treated in law as a termination, even without a termination letter.
• Employees have the right to seek severance, wrongful dismissal damages, or other compensation.
• Detailed documentation—emails, letters, records of changes can be crucial evidence.
• It’s important to get legal advice promptly to understand your options.

Watch the video (1.5 min): https://www.youtube.com/watch?v=js9Rt7kGA28

08/21/2025

More than one million Ontarians have a criminal record — and for many, that record acts as a permanent barrier to finding employment, even decades later.

Andrew Monkhouse spoke to CBC about the challenges both applicants and employers face when it comes to background checks. Employers often want to do the right thing, but without clear guidelines, the process can be confusing.

“Employers don’t want to often intentionally discriminate against people or break the law, but if they don’t have the information … it’s confusing. They want to be more clear.”

The John Howard Society’s new report recommends expanding protections so that applicants are not disqualified for old or irrelevant convictions. That clarity would benefit everyone — opening up access to qualified candidates, reducing recidivism, and giving people the fair opportunity to rejoin the workforce.

Read the full article here:

More than one million people in Ontario have a criminal record. For many, the record causes barriers when it comes to finding meaningful work. An organization known for advocating for the betterment of those who’ve been previously incarcerated or have a record, has put forward new recommendations ...