Focus On

Labour & Employment


Wednesday, June 16, 2021 @ 2:21 PM

Family status accommodation: Is employee self-accommodation still mandatory step? Nurse

The human rights ground of family status has been a puzzlingly difficult issue for Canadian legal decision makers to adjudicate. First, a lifeless interpretation in the 1990s. Then a narrow interpretation in the 2000s. Next, a liberal interpretation from the Federal Court of Appeal in 2014. And now an even broader interpretation, fresh from the Alberta Court of Appeal. ... [read more]

Wednesday, June 16, 2021 @ 8:50 AM

Why so many claims settle | Stuart Rudner

We know that only a tiny percentage of claims filed make it all the way to trial; I have always understood that it is less than two per cent. So why is it that so many cases settle before trial? Cost is often a big factor, but in many cases, it comes down to a decision between a known outcome that the parties can control vs. an unpredictable judgment sometime in the future. ... [read more]

Tuesday, June 15, 2021 @ 2:07 PM

Fasken announces new Vancouver employment partner

Fasken announced that Elizabeth Reid has joined the firm’s Vancouver office as a partner in the labour, employment and human rights (LEHR) group. ... [read more]

Tuesday, June 15, 2021 @ 10:56 AM

Constructive dismissal, infectious disease emergency leave: Debate rages on Two cartoon men debating

The Ontario Superior Court’s April 27, 2021, ruling in Coutinho v. Ocular Health Centre Ltd. 2021 ONSC 3076, further provoked an already spirited debate among employment lawyers regarding the proper interpretation and application of Ontario Regulation 228/20 (Infectious Disease Emergency Leave or IDEL Regulation); namely, whether the regulation effectively operates to bar an employee from pursuing a civil claim for constructive dismissal in circumstances where their hours of work or pay, or both, have been reduced or eliminated for reasons related to COVID-19. ... [read more]

Tuesday, June 15, 2021 @ 9:24 AM

Privacy, required COVID-19 vaccines highlighted at employment law webinar Rita De Fazio, staff lawyer at IAVGO Community Legal Clinic

COVID-19’s impact on worker’s rights and the Workplace Safety and Insurance Board (WSIB), as well as whether or not employers can require a vaccine, were issues highlighted in a University of Toronto Faculty of Law webinar titled “Employment Law in Pandemic and Recovery.” ... [read more]

Monday, June 14, 2021 @ 1:06 PM

Let’s make Bill C-31 happen | John L. Hill

When a prisoner is released into the community, the major difficulties in reintegration involve what most of us take for granted: getting a job and a place to live. When living conditions are worse outside the prison walls than within, it is all too tempting to do some criminal act to return to a place where basic human needs are met. ... [read more]

Monday, June 14, 2021 @ 8:45 AM

Ottawa introduces legislation aimed at reducing barriers to pardons Public Safety and Emergency Preparedness Minister Bill Blair

Ottawa has introduced legislation aimed at reducing some of the barriers Canadians face when trying to obtain a pardon, barriers which the government says have had a disproportionate impact on racialized and Indigenous people. ... [read more]

Monday, June 14, 2021 @ 8:38 AM

Four paths to more effective mediations | Rafeena Bacchus

The writer Don Miguel Ruiz has a medical degree and was a practising neurosurgeon when a car crash changed the course of his life. He became interested in a greater moral understanding, studied his ancestor’s traditions and became a shaman. His book, The Four Agreements, espouses the Toltec way, which is based on Mesoamerican wisdom. ... [read more]

Friday, June 11, 2021 @ 9:13 AM

Alberta decision brings clarity on how to approach family status discrimination cases, lawyers say

The Alberta Court of Appeal has cleared up confusion on what test courts and labour arbitrators should consider when looking at the issue of prima facie discrimination in family status human rights cases. ... [read more]

Friday, June 11, 2021 @ 8:51 AM

How franchisor system changes led to dismissal of injunction application, part two Hand knocking over a tower of blocks

This is the second article that analyzes the recent franchise decision in Greco Franchising Inc. v. Milito 2021 ONSC 3950, involving an interlocutory injunction application by a fitness studio franchisor, Greco Franchising (Greco), against an Ottawa-based franchisee, 2483425 Ontario Inc. (248), which the court ultimately dismissed in the franchisee’s favour. ... [read more]