Focus On

Labour & Employment


Wednesday, August 21, 2019 @ 8:48 AM

Compensation, termination differences between U.S. and Canada employment law USCanadaflags

As noted in part one of this three-part series, Differences between Canadian, American employment law, there is no “at-will” employment in Canada. Employers’ legal obligations with respect to termination depend in part on whether the employee is being dismissed with or without cause. ... [read more]

Monday, August 19, 2019 @ 3:05 PM

Employer or PEO — who is the daddy? Group silhouette with globe

If you’re a Canadian resident working for a U.S. company in Canada, there are a multitude of cross-border implications regarding employment law, payroll reporting, income taxes and Social Security taxes. The evolution of the professional employer organization (PEO) since the 1980s has become a popular solution for U.S. and Canadian employers when employing remote workers. ... [read more]

Monday, August 19, 2019 @ 8:50 AM

Occupational classifications: Are you an economist or an accountant? two_doors_sm

For better or worse, it was a missed opportunity not to reassess the trade national (TN) occupational classification list under NAFTA’s Appendix 1603.D.1 when the United States-Mexico-Canada Agreement (USMCA) was negotiated. It has been 25 years since these occupational classifications were finalized, and updates on what each occupational classification entails in the current workforce would have been welcome. ... [read more]

Thursday, August 15, 2019 @ 12:05 PM

Differences between Canadian, American employment law handheldflags.jpg

For American companies, expanding operations into Canada often makes good business sense. Our similar professional cultures make doing business together easy, and our economic ties make it almost inevitable. However, employers who take our countries’ similarities for granted put themselves in a precarious position. ... [read more]

Thursday, August 15, 2019 @ 8:31 AM

Questions about why Canada Post spent $21M to aggressively defend pay inequity mailboxwithmoney_sm.jpg

Following an access to information request, it has come to light that Canada Post spent $21 million in legal fees fighting employees seeking pay equity in a case that dates back to the 1980s. And, that’s not all: Canada Post fought for six years to keep the figure a secret. ... [read more]

Wednesday, August 14, 2019 @ 12:27 PM

Insurance case stresses importance of both objective, subjective evidence, says lawyer Jonathan_Abrametz_sm

Saskatchewan’s Appeal Court has reinforced the principle that both “objective and credible subjective evidence” must be heard, says the lawyer of a farmer who was wrongfully denied extended income benefits after testifying an auto accident left him unable to work. ... [read more]

Monday, August 12, 2019 @ 1:25 PM

Ontario courts continue to recognize intermediate category of worker employeesshakinghands

Recent case law on the distinction between an employee and independent contractor for wrongful dismissal purposes would suggest that even if the court does not find the individual to be an employee, it might nonetheless apply to the worker an intermediate status, imposing a reasonable notice of dismissal requirement. ... [read more]

Friday, August 09, 2019 @ 2:28 PM

Champerty in third-party litigation funding darkfacebehinddollars.jpg

The standard rule in Canadian civil litigation is that the loser pays a portion of the legal costs of the winning side. Such a rule does not make sense for class actions, including employee class actions. There is a single plaintiff in court who represents a large class of persons — the representative plaintiff. No sane representative plaintiff who might stand to gain $100 from the success of a class action is going to expose himself to the risk of an adverse cost award that could be over $1 million. ... [read more]

Friday, August 09, 2019 @ 10:33 AM

Teleconference to look at labour arbitrator bias Keith_Burkhardt_sm

Identifying, testing and tackling arbitrator bias will be the focus of an upcoming lecture examining the “unique” challenges of staying impartial and resisting human nature during labour disputes. ... [read more]

Friday, August 09, 2019 @ 8:18 AM


Appeal by placement agencies from the dismissal of their appeals from the Minister’s assessment of a health tax under the Employer Health Tax Act. ... [read more]