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Labour & Employment

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Tuesday, January 08, 2019 @ 9:50 AM

WORKERS’ COMPENSATION - Compensability of injuries - Psychological injuries

Appeal by Perry from a decision of the Workers’ Compensation Appeals Tribunal confirming the Commission’s decision denying her compensation for mental distress. ... [read more]

Tuesday, January 08, 2019 @ 6:33 AM

Ontario court deems Uber’s mandatory arbitration clause ‘unconscionable’ Danielle Stampley sm

The Ontario Court of Appeal has reversed a lower court decision in a proposed class action against Uber. The court determined that the company’s arbitration provision, which sends matters for arbitration to the Netherlands, represents an “unfair bargain” and is “unconscionable.” In Heller v. Uber Technologies Inc. 2019 ONCA 1, the court heard that the appellant, David Heller, is licensed to use the Uber Driver App so he can deliver food to people in Toronto. Heller launched a proposed class action against Uber Technologies Inc. on behalf of any person, since 2012, who has worked, or continues to work, for Uber in Ontario as a partner or independent contractor. ... [read more]

Friday, January 04, 2019 @ 11:36 AM

Addressing systemic racism in legal profession | Angelique EagleWoman

In the legal profession, we are often concerned about access to justice and ensuring equal justice for all. For Indigenous peoples, a variety of past policies and attitudes impact what is experienced today in legal actions and processes. One of the challenges facing the legal profession today is understanding what is systemic racism and how to bring about positive change to realize true justice. ... [read more]

Friday, January 04, 2019 @ 10:15 AM

Significant ruling in Ontario employment law on cusp of 2019 BigPenLittlePeople_sm.jpg

In a very recent decision of the Ontario Divisional Court, Movati Athletic (Group) Inc. v. Bergeron 2018 ONSC 7258, the court upheld an earlier summary judgment decision in which Justice Michelle O’Bonsawin found that simply complying with the Employment Standards Act 2000 (ESA) was insufficient to rebut the common law presumption of entitlement to reasonable notice. ... [read more]

Friday, January 04, 2019 @ 8:57 AM

DLA Piper adds three partners in Toronto, one in Vancouver

DLA Piper (Canada) LLP announced four lawyers have joined the firm's partnership, effective Jan. 1, 2019. ... [read more]

Friday, January 04, 2019 @ 8:46 AM

Labour market impact assessments: Going high or low labour_impact_sm

For employers facing a labour shortage, Labour Market Impact Assessments (LMIAs) can be a necessary evil, allowing them to hire qualified foreign workers if qualified Canadians are not available in the labour market. They are often a near last resort due to their complexity, slow processing times and the fact that deficiencies in the smallest details can be fatal to an application forcing the employer to have restart a months-long process. ... [read more]

Wednesday, January 02, 2019 @ 11:58 AM

16 Canadians among 46 promoted worldwide by Norton Rose Fulbright

Sixteen Canadians were among the 46 promotions worldwide announced by global law firm Norton Rose Fulbright on Jan. 2. ... [read more]

Wednesday, January 02, 2019 @ 11:19 AM

Website message signals serious access to justice problem | Rachel Goldenberg

The Human Rights Tribunal of Ontario (HRTO) has recently posted a notice on its website advising that it is undergoing challenges which are affecting the HRTO’s ability to “meet its service standards.” Despite the HRTO’s mandate to provide timely resolution services, mediations and hearings are being booked months in advance, and mediations and hearings that were scheduled months ago are now being rescheduled to a later date. ... [read more]

Wednesday, January 02, 2019 @ 9:22 AM

SCC’s winter session looks at military justice, lawyers’ fees, Crown copyright, Jordan Mark Letourneau

Military justice and Crown copyright are among the topics the Supreme Court of Canada will explore in its winter session that includes criminal appeals asking if defence counsel’s legal fees can be paid from the proceeds of crime forfeited to the state and if the Jordan time limits apply in provincial youth court. ... [read more]

Wednesday, January 02, 2019 @ 9:06 AM

System failing workers with chronic mental stress | Stuart Rudner

In theory, employees experiencing long-term trauma or harassment on the job have been entitled to workers’ compensation (WSIB) benefits for the past two years. In reality, the odds of an employee in such circumstances receiving benefits are minimal. ... [read more]