At Fogler, Rubinoff, we believe that making a difference begins with trust. Experience and sound judgment earn it. Client relationships are built on it. Results keep it.

Andrea M. Marsland



Andrea's practice focuses on employment law. As a partner in the Labour and Employment Group, Andrea represents employers in wrongful dismissal actions and provides advice to employers in all facets of employment law including negotiating and drafting employment agreements, severance packages, confidentiality agreements, non-competition agreements, non-solicitation agreements, termination letters and human resource policies. Andrea also provides advice to employers regarding employment standards, human rights and human resource issues. Andrea frequently attends the workplace itself to provide training seminars and to conduct workplace investigations. She has significant experience in injunctive proceedings as they relate to the enforcement of restrictive covenants contained in employment contracts.

Andrea publishes a monthly newsletter entitled Employment Matters. Examples of her publications are listed in the Publications section.

Andrea is bilingual in English and French.


JANUARY 07 2021

Attention Toronto Employers

On January 4, 2021, Dr. Eileen de Villa, Medical Officer of Health, announced new measures for all employers and persons responsible for a business or organization in the City of Toronto permitted to be open under the Reopening Ontario Act. All persons responsible for a business or organization in Toronto are instructed to follow the public health measures outlined in this article.

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DECEMBER 22 2020

Deemed IDEL Further Extended to July 3, 2021

IDEL is a job-protected leave under the ESA, which means that employees cannot be terminated, penalized or reprised against for requesting or taking an IDEL. The IDEL is an unpaid leave of absence.


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Deemed IDEL Extended to January 2, 2020

The acronym "IDEL" refers to the Ontario government's Infectious Disease Emergency Leave, which was added to the Employment Standards Act (the "ESA") in March, 2020 in response to the COVID-19 pandemic. The IDEL is a job-protected leave under the ESA, which means that employees cannot be terminated, penalized or reprised against for requesting or taking an IDEL. The IDEL is an unpaid leave of absence.

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JULY 14 2020

Termination Clauses Update: Your "For Cause" Provision Might Now Invalidate Your "Without Cause" Provision

A recent case from the Ontario Court of Appeal likely invalidates thousands of termination clauses across Ontario. If you are an employer using template employment agreements, you should have your templates reviewed right away. Your termination clauses may no longer be enforceable.

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MARCH 04 2020

Is your Organization Ready for the Coronavirus?

On March 1, 2020, Mayor John Tory announced that Toronto Public Health was monitoring five (5) positive cases of the Coronavirus: COVID-19 in Toronto...

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FEBRUARY 14 2020

Can I Date my Colleague?

We see hearts and roses everywhere during the month of February, especially in the weeks leading up to Valentine's Day. Given the amount of time Canadians spend at work, it is not surprising that relationships bloom in the workplace from time to time. After all, many of us spend more time with our colleagues than with our friends and family...

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JANUARY 16 2020

Are you in Compliance with your HR Obligations Going into 2020?

The month of January is a month known for resolutions. It is the perfect time to plan for the year ahead, which means considering whether your organization is in compliance with its legal obligations as you head into 2020...

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JANUARY 15 2018

Bill 148 Received Royal Assent: Significant Changes To The Employment Standards Act

On November 27, 2017, Bill 148: Fair Workplaces, Better Jobs Act, 2017, received Royal Assent.  Bill 148 makes significant changes to the Employment Standards Act, 2000 (the "ESA") and the Ontario Labour Relations Act, 1995...

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Bill 148: Proposed Changes to the Employment Standards Act

On June 1, 2017, the Ontario government introduced Bill 148: Fair Workplaces, Better Jobs Act, 2017, which proposes significant changes to the Employment Standards Act, 2000 (the "ESA") and the Ontario Labour Relations Act, 1995 ("OLRA"). On September 12, 2017, the Second Reading of the Bill commenced and the debates continue to date. Below are some of the key changes being proposed to the ESA.



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Bonuses During the Notice Period: Case Law Update!

In December, 2015, I reported on a case called Paquette v. TeraGo Networks Inc. In that case, Mr. Justice Perell determined that Mr. Paquette was not entitled to receive his bonus during the notice period because the terms of the bonus plan clearly and unambiguously stated that employees had to be "actively employed" to receive their bonus...

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AUGUST 12 2016

When Going AWOL Can Mean Job Abandonment

Employers often struggle with disability management in the workplace. They frequently walk on egg shells around sick employees, particularly when it comes to asking them for information about their illness and supporting medical documentation...

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MAY 12 2016

Beware of the Fixed-Term Contract

Fixed-term contracts are employment agreements that have a start date and a fixed end date. Employers often use them when they hire employees who are essentially temporary workers.


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DECEMBER 10 2015


NOVEMBER 24 2015

Andrea Marsland's Employer Checklist

NOVEMBER 24 2015

Andrea Marsland Speaks on Hot Button Legal Issues for Engineers

Fogler Rubinoff LLP and CEO recently hosted a seminar to discuss Hot Button Legal Issues for Engineers. Kenneth Movat, Rudy Morrone and Andrea Marsland each discussed their area of legal expertise. Click the attached link to see Andrea's presentation.

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Andrea Marsland Appointed to JUST Magazine Editorial Board

We congratulate Andrea Marsland on her two-year appointment to the Editorial Board of JUST magazine.

DECEMBER 18 2014

Annual Checklist 2014


Recent Decision on Severance Pay

JULY 31 2014

New Leaves of Absence Added to the Employment Standards Act (Bill 21)

JUNE 27 2014

Update on "Family Status"

APRIL 29 2014

Should Employers Provide References For Departing Employees?

JANUARY 31 2014

Human Rights Update

DECEMBER 17 2013

Making a List and Checking It Twice

NOVEMBER 29 2013

Holiday Parties: Understand Your Liabilities

OCTOBER 25 2013

The Non-Solicitation Clause, An Important Weapon In Your Arsenal

AUGUST 28 2013

Can Personal Facebook Posts Be Discriminatory in the Employment Context?

JULY 30 2013

No Duty to Mitigate if Employment Agreement Stipulates Fixed Notice Period

JUNE 26 2013

Random Alcohol Testing in Your Workplace

MAY 29 2013

Employers Beware of Wright v. Young and Rubicam

APRIL 01 2013

Limit Your Liability on Termination

MARCH 01 2013

Employee vs. Independent Contractor

How important is it to know the difference between an employee and an independent contractor? Individuals and organizations should have a good understanding of both, as these terms determine many aspects of a working relationship and can potentially carry significant legal consequences.

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FEBRUARY 01 2013

Duty to Accommodate Childcare Needs

The Federal Court reached a decision in Johnstone v. Canada Border Services Agency, where the Tribunal held that the Canadian Border Services Agency failed to accommodate an employee's family status obligations.

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JANUARY 01 2013

Employee Privacy and Work Computers

The Supreme Court of Canada recently rendered a decision in which it discussed the issue
of an employee’s expectation of privacy over the content of his work computer. In R.
v. Cole*, the accused was charged with (among other things) possession of child pornography.
The child pornography was found on his work computer.

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DECEMBER 01 2012

Making A List and Checking It Twice

We tend to use the month of December as a time to reflect on our accomplishments in
the year gone by, and to plan for the year ahead. Accordingly, it is the perfect time of year
to consider whether your organization has met its legal obligations as you head into 2013.

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NOVEMBER 01 2012

Advantages To Having An Employee Handbook

If your organization has more than a handful of employees, it would be prudent for you to
have an Employee Handbook that clearly spells out your workplace policies, procedures
and rules. There are significant advantages, both legally and practically, to creating and
implementing a Handbook.

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OCTOBER 01 2012

Is Your Accessibility Policy In Place?

The “Accessibility for Ontarians with Disabilities Act, 2005”, Customer Service Standard
(Regulation 429/07), requires organizations who provide goods or services to the public or
other third parties to have policies and procedures in place with respect to people with

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  • Association des juristes d'expression francaise de l'Ontario
  • Ontario Bar Association
  • Canadian Bar Association
  • Law Society of Ontario
  • Advocates' Society


  • University of Ottawa, LL.B., 2001
  • University of Western Ontario, B.A., 1998
  • History and Political Science

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