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Labour & Employment

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Wednesday, September 12, 2018 @ 8:42 AM

Employment discrimination based on citizenship discrimination_immigration_sm

Canadian citizens and permanent residents have an unrestricted right to work for any employer in Canada. Non-citizens’ right to work is restricted by a statutory requirement to obtain a work permit. When employers make a distinction between job candidates on the basis of a person’s immigration status it may lead to an allegation of discrimination on the basis of citizenship, a prohibited ground of discrimination under the Human Rights Code (Code). ... [read more]

Monday, September 10, 2018 @ 2:51 PM

Managing ‘peternity’ leave in your workplace adopted pup

It has become commonplace for leading edge companies, such as Google, Amazon, Facebook and Twitter to go  above and beyond  by offering their employees innovative benefits including, among other things, gym memberships, catered meals and unlimited vacation. In fact, given the increased usage of these types of perks in recent years, millennials and new members of the workforce are not only expecting but are demanding to receive an enhanced portfolio of benefits. ... [read more]

Friday, September 07, 2018 @ 9:25 AM

Express Entry 2018: By the numbers express_immigration_sm

Express Entry is Canada’s immigration application management system. The system is designed to select economic class immigrants who have the highest probability for success in Canada. Express Entry manages the Canadian Experience Class, Federal Skilled Worker, Federal Skilled Trades Program and some Provincial Nominee Programs. ... [read more]

Thursday, September 06, 2018 @ 9:22 AM

CJC to appeal Federal Court’s ruling that judicial council subject to judicial review; discipline body alleges errors, appearance of bias Simon Noel

The Canadian Judicial Council (CJC) is appealing an important jurisdictional decision in which the presiding Federal Court judge accuses the leadership of the council of 39 chief justices of disrespecting his court and making poor litigation choices, and also “questions” whether CJC responses to queries from The Lawyer’s Daily amounted to “pressuring” federal Justice Minister Jody Wilson-Raybould to fire a Quebec judge “without regard for the judicial [review] proceedings that are legitimately before this [Federal] Court. ... [read more]

Thursday, September 06, 2018 @ 9:10 AM

Regulatory decision opens door for Crown to pierce corporate veil corporate_secrecy_sm

An Ontario court has revolutionized the law with respect to whether an individual can be held personally liable for fines imposed against the corporation for breaches of regulatory legislation. ... [read more]

Tuesday, September 04, 2018 @ 9:31 AM

Regulator can determine dispute process, no procedural unfairness found, court rules Neil Abramson sm

The Ontario Court of Appeal has upheld the decision of a discipline committee in a complaint against a pharmacist as it determined there was no prejudice in the dispute process. Counsel involved in the case said this ruling will have implications for regulators across Canada. In Abdul v. Ontario College of Pharmacists 2018 ONCA 699, the court heard, that in 2012 the appellant, the Ontario College of Pharmacists, was informed that the respondent, Salam Abdul’s pharmacy, was taking back unused medications and redispensing them to other patients. ... [read more]

Tuesday, September 04, 2018 @ 8:46 AM

WORKPLACE HEALTH AND SAFETY - Liability of directors and officers

Appeal by the Crown from the refusal of the trial judge to hold Antonio Merante personally responsible for the actions of Pro-Teck Electric (Pro-Teck). Merante was sole shareholder, officer and director of Pro-Teck. Pro-Teck was hired as an electrical subcontractor to do the electrical work for a renovation. ... [read more]

Friday, August 31, 2018 @ 7:57 AM

WRONGFUL DISMISSAL - Constructive dismissal - Change to working conditions

Appeal by the employer from summary judgment awarding the respondent damages for constructive dismissal. ... [read more]

Thursday, August 30, 2018 @ 8:47 AM

Harsher penalties to stop workplace discrimination, boost accommodation | Stuart Rudner

The message seems clear: in 2018, people should not be prevented from working due to barriers that have no relation to their ability to do their job. And yet our courts and tribunals continue to award nominal compensation when organizations discriminate against candidates or employees in contravention of human rights legislation. ... [read more]

Wednesday, August 29, 2018 @ 2:41 PM

Miller Thomson adds staff in Toronto, Vaughan

Miller Thomson LLP has added three new faces to its Toronto office, including a partner and two associates, and one new associate for its office in Vaughan, Ont. ... [read more]