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Wilson v. Atomic Energy of Canada: What is a “Just Dismissal”?

July 27, 2015 | François Garneau

Canadian Labour & Employment Law Blog

On July 9th, the Supreme Court granted leave to appeal from the judgment rendered  by the Federal Court of Appeal in Wilson v. Atomic Energy Canada Ltd. See our previous thoughts on the Federal Court of Appeal’s ruling. This appeal […]

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Dealing with Denial: Alberta CA rules on accommodation of employees on who deny addiction problem

July 10, 2015 | Thomas V. Duke

Canadian Labour & Employment Law Blog

A new decision by the Alberta Court of Appeal is providing assistance for employers to deal with the situation where an employee, who works in a safety sensitive work environment, fails to disclose his drug use because of his or […]

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The Trend to Higher Damage Awards at the Ontario Human Rights Tribunal: Employers Beware

July 9, 2015 | Carol S. VandenHoek

Canadian Labour & Employment Law Blog

A recent decision of the Ontario Human Rights Tribunal sets a new record for general damages. The facts of the case are particularly troubling involving two migrant sisters who alleged serious and ongoing sexual solicitations and advances by the owner. […]

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Alberta Case Provides Precedent for Summary Dismissal of Long Serving Supervisor

July 6, 2015

Canadian Labour & Employment Law Blog

Taken individually, none of the things that a long-serving manager did justified dismissal with cause. However, when the employee’s conduct was considered collectively and combined with the employee’s lack of credibility at trial, an Alberta court denied the employee’s wrongful […]

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California Decision Finds that Uber Driver is an Employee

July 3, 2015 | Zeinab Yousif

Canadian Labour & Employment Law Blog

In a recent decision that has been the subject of considerable commentary in the United States, the California Labor Commissioner held that an Uber driver was an employee rather than an independent contractor. While this decision is not a binding […]

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Employer’s right to post employee pictures in the workplace

June 25, 2015

Canadian Labour & Employment Law Blog

Author: Raphaël Viens Côté Employer’s right to post employee pictures in the workplace: Syndicat des travailleuses et travailleurs de Brasserie Labatt (CSN) et Brasserie Labatt du Canada, s.c.s. (grief collectif), 2015 QCTA 119 The Union representing Labatt’s employees of the […]

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E-Filing Guidelines in the Ontario Superior Court

June 24, 2015 | Eric Sherkin

MT Litigation Blog

As the Ontario court system slowly (slowwwwwwwly) tries to modernize, judges more regularly ask counsel for electronic copies of materials filed for a motion, trial or other hearing. While some of us at the bar are reasonably technologically savvy, others […]

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Change a comin’? Provincial government kicks off public consultation process on reforms to the Labour Relations Act, 1994 and Employment Standards Act, 2000

June 19, 2015 | Laura Cassiani

Canadian Labour & Employment Law Blog

Making good on its promise to undertake a review of the province’s key labour and employment statutes, the Ministry of Labour began public consultations on June 16, 2015 on how to modernize the Employment Standards Act, 2000 (“ESA”) and the Labour […]

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Termination for Employee Misconduct Outside the Workplace

June 16, 2015 | Kit McGuinness

Canadian Labour & Employment Law Blog

In his November 2014 Communique “Let’s Take This Outside: Can Employers Discipline Employees for Off-Duty Conduct?”, Cole Lefebvre canvassed a number of cases in which the courts had to assess terminations employee misconduct outside the workplace. This topic has been […]

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The Last Word: When Can a Party File Further Affidavit Evidence After Cross-Examination

June 10, 2015 | Alexandra L. White

MT Litigation Blog

The decision of Perell J in Shah v. LG Chem, 2015 ONSC 776, addresses the topic of when a party should be granted leave of the court, under Rule 39.02(2), to deliver further affidavit evidence after cross-examination. The plaintiffs commenced […]

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Disclaimer

This blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of this blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.