Focus On

Labour & Employment


Friday, December 20, 2019 @ 5:09 PM

SCC divides 7-2 in first post-Vavilov application of the new framework for judicial review Supreme Court Justice Malcolm Rowe

In its first post-Vavilov judicial review decision, the Supreme Court of Canada has divided 7-2 to reinstate as “reasonable” the decision of an appeals officer with the Occupational Health and Safety Tribunal Canada (OHSTC) who determined that Canada Post did not breach its workplace safety obligations by not inspecting for safety its postal carriers’ delivery routes and drop-off locations. ... [read more]

Friday, December 20, 2019 @ 1:19 PM

EMPLOYER OBLIGATIONS - Safety of workplace - Offences and enforcement - Procedure - Appeals

Appeal from a judgment of the Federal Court of Appeal dismissing an application for judicial review of an appeals officer’s decision concluding that Canada Post complied with its work place health and safety obligations. ... [read more]

Friday, December 20, 2019 @ 10:41 AM

Standard of review post-Dunsmuir: Reasonable or incorrect? | Heather MacIvor

In spring 2018 the Supreme Court of Canada signalled a seismic change in its jurisprudence on administrative law. It granted leave to hear three appeals — two of which were later merged into one — and invited submissions on the standard of review. The appeals were heard in December 2018, and the decisions finally issued on Dec. 19, 2019, (Canada (Minister of Citizenship and Immigration) v. Vavilov 2019 SCC 65, and Bell Canada v. Canada (Attorney General) 2019 SCC 66). ... [read more]

Friday, December 20, 2019 @ 10:07 AM

Nice gig, if you can get the work permit gig_economy_sm

The labour market may be shifting from one characterized by stable, permanent employment to a “gig economy” where temporary or contracted employment, freelancing, contingent work and remote work is the new norm. "Work" in a gig economy includes any job, especially one of short or uncertain duration such as temporary contract work or freelance work. It can also include a side job or informal activity for pay. In the gig economy, independent workers may be paid by the “gig” rather than receive a salary or wage for their services. ... [read more]

Thursday, December 19, 2019 @ 2:37 PM - Last Updated: Friday, December 20, 2019 @ 11:06 AM

SCC rewrites standard of review framework for administrative law in landmark trilogy Aubin Calvert

In a bid to enhance clarity, predictability and access to justice in a muddled area of law that impacts many Canadians, seven of nine judges of the Supreme Court of Canada have collaborated to devise a new standard of review framework which emphasizes that courts should presumptively exercise deference when overseeing administrative decision makers, while also retaining “limited” scope for correctness review. ... [read more]

Thursday, December 19, 2019 @ 6:26 AM

PROCESS AND PROCEDURE - Arbitration - Bars

Application by the Union for permission to appeal a decision by the Alberta Labour Relations Board. ... [read more]

Tuesday, December 17, 2019 @ 12:10 PM

Dilemma of maternity leave | Leena Yousefi and Julianne Yeager

This article is written by two mothers who are also lawyers. This is not an article about feminism. This is an article about the harsh reality female lawyers face when they decide to have a child. ... [read more]

Monday, December 16, 2019 @ 1:05 PM

Animals in the pen, farmers in the cell Manmowinggrass.jpg

For many years, Canada had six prison farms. No, this is not a place where animals are sentenced to serve time for bad behaviour, such as the Big Bad Wolf doing time for harassment and destruction of property for blowing houses down or Scar serving a life sentence for regicide. These farms are within federal penitentiaries, where inmates were able to raise livestock and poultry, assist in crop production and harvest the farm, producing milk, cheese, meat, honey, vegetables and more. ... [read more]

Monday, December 16, 2019 @ 12:28 PM

Legal developments with contractors in gig economy Kidworkingonmac3.jpg

Workers who are under a high degree of control are actually employees in the eyes of the law. That is regardless of the fact that they may have been misclassified as independent contractors by their employer. ... [read more]

Monday, December 16, 2019 @ 8:50 AM

Three associates join Dunton Rainville

Dunton Rainville announced that associate lawyers Lilia Benaïssa, Nicolas Moran Lévesque and Thomas Rainville have joined the firm’s Montreal office. ... [read more]