Focus On

Labour & Employment


Thursday, August 08, 2019 @ 8:46 AM

Big differences between new foreign worker permit categories wheelchair_caregiver_sm

Both Employment and Social Development Canada (ESDC) and Immigration, Refugees and Citizenship Canada (IRCC) have mechanisms to ensure that employers who employ foreign workers on employer-specific work permits respect the conditions that they have agreed to. This includes work permits that are based on Labour Market Impact Assessments (LMIAs) — a process where the local labour market is tested — and work permits that are LMIA-exempt, including under international agreements and Intra-Company Transfers.   ... [read more]

Thursday, August 08, 2019 @ 8:32 AM

Bifurcated ADR clauses: Better than nothing | Stuart Rudner

I have often encouraged members of the employment law bar to use alternative dispute resolution and arbitration in particular. After all, arbitration can address many of the common complaints about our civil justice system, including the fact that we do not have a specialized court. With arbitration, parties and their counsel can choose their judge and ensure it is someone with the specialized knowledge necessary to decide the case. ... [read more]

Wednesday, August 07, 2019 @ 12:06 PM

Sole practitioner retained by OCL not a dependent contractor, court rules

The Ontario Court of Appeal has allowed an appeal of the Office of the Children’s Lawyer (OCL) determining that a sole practitioner, who provided legal services to the office, was not a dependent contractor. In Thurston v. Ontario (Children’s Lawyer) 2019 ONCA 640 the court heard that the respondent, Barbara Thurston, provided legal services to the OCL over a 13-year period. ... [read more]

Wednesday, August 07, 2019 @ 8:04 AM

LABOUR RELATIONS - Employees - Probationary employees

Appeal by Schaer from the dismissal of his application for judicial review of the respondent’s decision to dismiss him for cause from his employment during his probationary period. ... [read more]

Tuesday, August 06, 2019 @ 1:31 PM

Employee rights to shares on termination governed by shareholders’ agreement mendividinguppiechart_sm.jpg

In Mickelsteins v. Morrison Hershfield Limited 2019 ONCA 515 the Court of Appeal for Ontario decided that an employee’s right to purchase shares of his employer’s parent corporation under a shareholders’ agreement would be governed by that agreement, including upon termination of his employment. ... [read more]

Friday, August 02, 2019 @ 6:27 AM

WRONGFUL DISMISSAL - Dismissal without cause - Reasonable notice period or wages in lieu

Appeal by the defendant employer from the summary judgment in the respondent’s wrongful dismissal action. ... [read more]

Thursday, August 01, 2019 @ 3:06 PM

Ottawa now accepting no-fee expedited pardon applications for simple cannabis possession David Lametti

Tens of thousands of people with convictions for simple cannabis possession became eligible Aug. 1 to apply for no-fee expedited pardons from the Parole Board of Canada (PBC) (so long as they have no other kinds of convictions). ... [read more]

Thursday, August 01, 2019 @ 12:07 PM

Protesters urge new Ontario AG to reverse cuts to legal aid Legal_Aid_Protest_1_sm

Ontario’s new attorney general must “stand up” to Premier Doug Ford and recommend that cuts to legal aid in the province be reversed, says an organizer of a recent protest by clinics serving racialized communities. ... [read more]

Thursday, August 01, 2019 @ 8:43 AM

International Experience Canada program: Best of both worlds world_youth_sm

For almost 70 years, work and travel exchange programs have encouraged and facilitated travel for Canadian and foreign youth. It originally began in 1951 as a reconciliatory cultural exchange between Canada and Germany following the end of the Second World War. It was formally implemented and expanded in 1967 to other partner countries and is known today as the International Experience Canada (IEC) program. ... [read more]

Thursday, August 01, 2019 @ 6:13 AM

HEALTH INSURANCE, PRIVATE - Constitutional issues

Appeal by several retirees of the federal public service and the Association that represented them from the dismissal of their judicial review application. ... [read more]