Focus On

Labour & Employment


Friday, January 31, 2020 @ 1:59 PM

Federally regulated employer safety inspection duty limited to workplaces under their control Delivering Mail

In Canada Post Corp. v. Canadian Union of Postal Workers 2019 SCC 67, one of the last decisions of the Supreme Court of Canada in 2019, the court clarified the extent of a federally regulated employer’s inspection obligations under the Canada Labour Code as set out in 125(1)(z.12): ... [read more]

Friday, January 31, 2020 @ 11:37 AM

Federal government releases expert report on modern labour standards Disconnecting

The Federal government has released the long-anticipated Report of the Expert Panel on Modern Federal Labour Standards.  ... [read more]

Thursday, January 30, 2020 @ 1:55 PM

Five lawyers join Lavery labour and employment team

Lavery Lawyers announced that partners Richard Gaudreault, Benoit Brouillette and Ariane Pasquier and associates Elizabeth Bourgeois and Camille Rioux have joined the firm’s labour and employment practice. ... [read more]

Wednesday, January 29, 2020 @ 8:20 AM

Access to Justice: Rise Legal Centre: Bridging the gap for women | Beverley McLachlin

Happy new year to all of you. I am pleased to use my first column of the new decade to begin a periodic series showcasing access to justice in action across Canada. This column is an important way to bring attention to critical issues and an opportunity to highlight the impact that so many of you are having in responding to the access to justice crisis. ... [read more]

Monday, January 27, 2020 @ 2:13 PM

A look ahead: Canada immigration in 2020 | Colin Singer

With a new federal immigration minister at its helm there are a number of noteworthy developments expected in 2020 by Immigration, Refugees and Citizenship Canada (IRCC). ... [read more]

Monday, January 27, 2020 @ 2:11 PM

Entitlement to benefits for stress may bar some constructive dismissal claims Workplace harassment

Since Jan. 1, 2018, s. 13(4) of the Workplace Safety and Insurance Act (WSIA) has provided for entitlement to workers’ compensation benefits for chronic and traumatic stress. ... [read more]

Friday, January 24, 2020 @ 8:52 AM

‘I wish I were in an Oscar Mayer wiener’ | Marcel Strigberger

OMG! Or rather OMW! Oscar Mayer Wiener! Here’s the big scoop. ... [read more]

Thursday, January 23, 2020 @ 10:13 AM

Good class action defence may lead to strong offence sports_strategy_sm

A defendant fighting a class action will often feel that it cannot afford to leave any stone unturned when presenting evidence to defeat a certification motion. After all, a defendant can rid itself of what may be costly litigation if it can show that there is no “basis in fact” for the existence of an identifiable class, common issues and a suitable representative plaintiff, or if the defendant can demonstrate that a class proceeding would not be the preferable procedure. But can a defendant make a tactical mistake by filing too much evidence on such a motion? A recent Ontario case has answered that question in the affirmative. ... [read more]

Thursday, January 23, 2020 @ 8:03 AM

DISCRIMINATION - Mental or physical disability - Workplace disposition - Reasonable accommodation

Application by the Attorney General for judicial review of a decision of the Federal Public Sector Labour Relations and Employment Board finding that Correctional Service of Canada (CSC) failed to accommodate the respondent by reason of the process it followed in returning him to work after an absence due to a work-related injury. ... [read more]

Wednesday, January 22, 2020 @ 12:02 PM

Key employment law cases in 2019 briefcasesm2.jpg

With 2019 firmly behind us, we have reviewed the top cases of 2019 and narrowed our selection to five cases. In the first part of this two-part series, we discussed constructive dismissal in Morningstar v. Hospitality Fallsview Holdings Inc. 2019 ONWSIAT 2324 and the definition of dependent contractors in Thurston v. Ontario (Children’s Lawyer) 2019 ONCA 640. What follows are the remaining three cases. ... [read more]