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Labour & Employment


Friday, May 18, 2018 @ 11:06 AM

Recreational marijuana is about to be legalized: What employers need to know guysmokingpot_sm.jpg

Recreational marijuana is about to become legal in Canada, possibly as early as July 1, 2018. Individuals will soon have the right to buy, use and possess marijuana. As recreational marijuana use becomes available for consumption it will become more widely accepted. Consequently, employers have heightened concerns about the possibility of employees using or possessing marijuana in the workplace. But what do these legislative changes really mean for workplaces in Ontario? ... [read more]

Friday, May 18, 2018 @ 8:33 AM

DISCRIMINATION - Prohibited grounds - Mental or physical disability

Appeal by the Board of Trustees of the Canadian Elevator Industry Welfare Trust Fund from a decision by the Nova Scotia Human Rights Commission Board of Inquiry in favour of the respondent, Skinner. ... [read more]

Wednesday, May 16, 2018 @ 9:23 AM

Court of Appeal sets higher standard to protect injured workers from wrongful conviction, counsel says Andrew Bigioni sm

The Ontario Court of Appeal has allowed three appeals regarding offences under the Workplace Safety and Insurance Act in a decision, counsel says, that sets a higher standard for courts to follow when convicting under subsection 149(2). ... [read more]

Wednesday, May 16, 2018 @ 8:21 AM

Proper language could defeat a bonus claim on termination man,woman,envelope,money_sm.jpg

The issue of bonus entitlements for employees upon termination has been a highly litigated issue in Ontario for many years. It arises in the context of earned bonus during employment as well as the calculation of damages for failing to provide “reasonable notice” of termination at common law. ... [read more]

Tuesday, May 15, 2018 @ 10:38 AM

Dunsmuir revisited: If at first you don’t succeed… | Heather MacIvor

On May 10, 2018 the Supreme Court of Canada announced that it would hear three appeals from the Federal Court of Appeal (FCA). Most unusually, we were told why the Court granted leave: “The Court is of the view that these appeals provide an opportunity to consider the nature and scope of judicial review of administrative action, as addressed in Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190, 2008 SCC 9, and subsequent cases.” This is big news. ... [read more]

Tuesday, May 15, 2018 @ 8:34 AM

The futility of critique reports by expert witnesses courtroom silhouette_sm

While expert witnesses are traditionally retained to provide their opinion on an issue in a case, parties sometimes retain experts for a more tactical purpose — to critique the opposing expert. In this fifth article in a series on expert evidence, we highlight three decisions in which courts have questioned the utility of an expert witness’s “critique report”, and have ultimately placed little to no weight on it or excluded the evidence altogether. ... [read more]

Thursday, May 10, 2018 @ 6:12 PM

SCC strikes down a pay equity law for first time but judges splinter over s. 15 equality rights Justice Rosalie Silberman Abella

A pair of pay equity cases from Quebec have exposed fault lines at the Supreme Court of Canada in respect of the Charter’s s. 15(1) prohibition of sex discrimination and s. 15(2) protection of programs which ameliorate discrimination. ... [read more]

Thursday, May 10, 2018 @ 3:15 PM

CANADIAN CHARTER OF RIGHTS AND FREEDOMS - Equality rights - Equal benefit of the law

Appeal by the Attorney General of Quebec (Quebec) from a judgment of the Quebec Court of Appeal affirming in part the decision of the Superior Court and declaring ss. 76.3, 76.5 and 103.1 para. 2 of the Pay Equity Act (Act) breached s. 15 of the Canadian Charter of Rights and Freedoms (Charter) and were therefore unconstitutional. ... [read more]

Thursday, May 10, 2018 @ 2:06 PM

CANADIAN CHARTER OF RIGHTS AND FREEDOMS - Reasonable limits on Charter rights - Equality rights - Discrimination, what constitutes

Appeal from a judgment of the Quebec Court of Appeal affirming a decision that the delayed access to pay equity resulting from s. 38 of the Pay Equity Act (Act) did not violate s. 15 of the Canadian Charter of Rights and Freedoms (Charter). ... [read more]

Wednesday, May 09, 2018 @ 8:54 AM

Get over your fear of giving references | Stuart Rudner

I admit, it has become a pet peeve of mine: employers want references to help them select the best candidates, but many of them refuse to provide references. And they do so out of a fear of liability that is completely irrational and unfounded. If I have said it once, I have said it 100 times: there is no good reason to have an absolute policy against providing references. To the contrary, it will usually be in an organization’s best interests to help a former employee find a job. ... [read more]