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Labour & Employment

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Wednesday, July 24, 2019 @ 12:48 PM

Employee entitled to withdraw ‘equivocal’ resignation, court rules

The Ontario Court of Appeal has allowed the appeal of an employee who rescinded her retirement notice but was still asked not to return to work. The court ruled this was a wrongful dismissal and awarded the appellant 12 months’ pay in lieu of notice. ... [read more]

Tuesday, July 23, 2019 @ 1:53 PM

20 Ontario legal clinics get $3.7 million to help fight workplace sexual harassment

The federal Department of Justice on July 23 announced funding for The Help and Legal Centre of Northumberland, Ont. This federal investment of $3,747,000 supports 20 legal clinics in Eastern, Northern and Southwestern Ontario. Together they will take a co-ordinated approach to the development and delivery of legal information and advice to individuals as well as public legal education on sexual harassment in the workplace. ... [read more]

Tuesday, July 23, 2019 @ 12:23 PM

Labour board finds placement agency to be employer sixheadsillhoute

The line between independent contractors and employees can often be blurred. Not only are contract and temporary workers more common than ever in today’s workforce, independent contractors also use a variety of legal structures to take advantage of business tax breaks. So, while some independent contractors are incorporated, others remain sole proprietors. This makes determining who is entitled to employment standard protections, and who is not, more challenging.   ... [read more]

Tuesday, July 23, 2019 @ 8:42 AM

BINDING ARBITRATION - Hearings - Procedural rights and requirements

Appeal by the union from a decision setting aside an arbitrator’s award of damages for the employer’s failure to employ union workers as required by the collective agreement. ... [read more]

Friday, July 19, 2019 @ 2:10 PM

Disability benefits can continue after employment Woman in wheelchair

The Ontario Court of Appeal has ruled that a plaintiff can still be entitled to long term disability (LTD) benefits even though the plaintiff was no longer employed at the time the application was submitted. ... [read more]

Friday, July 19, 2019 @ 10:49 AM

U.S. doubling down on border filings scrutiny immigration_documents_sm

Prove it. That is what U.S. Customs and Border Protection (CBP) officers say when a petition is filed at a port of entry to the U.S., and one of its law enforcement officers has to make a decision on whether an applicant or beneficiary qualifies for the U.S. status he seeks. This scrutiny only seems to be increasing year over year. ... [read more]

Friday, July 19, 2019 @ 9:46 AM

Access to Justice: Legal aid critically important part of justice system | Beverley McLachlin

This spring, the Ontario government announced drastic cuts to legal aid in Ontario. The Legal Aid Ontario budget was cut by almost 30 per cent and funding was eliminated for refugee and immigration cases. This meant deep cuts to clinics and services, striking hard at the province’s most vulnerable inhabitants. These cuts were felt especially strongly in the larger centres, including Toronto. ... [read more]

Friday, July 19, 2019 @ 8:32 AM

Quebec Court of Appeal overturns labour tribunal’s ruling on litigation privilege Francis Gervais

A ruling by the Quebec Administrative Labour Tribunal that held that litigation privilege applies only in civil matters and in adversarial proceedings but not in an administrative law context before a quasijudicial tribunal with powers of inquiry was overturned by the Quebec Court of Appeal. ... [read more]

Thursday, July 18, 2019 @ 2:21 PM

Langlois adds pair of lawyers to Montreal office

Langlois lawyers announced that Philippe Bélisle has joined the firm’s labour and employment group and Marie Dupuis is the newest member of the insurance group. Both lawyers will work from the Montreal office. ... [read more]

Thursday, July 18, 2019 @ 10:36 AM

Score one in major junior hockey league class action Hockeyplayersilhouette.jpg

The hockey playing plaintiffs in the major junior hockey league class action scored their first goal in the Quebec Superior Court when the court authorized the class action to proceed. The court released its decision in Walter c. Quebec Major Junior Hockey League Inc. 2019 QCCS 2334, on June 13. ... [read more]