Labour & Employment

Miller Thomson’s Labour Relations and Employment Group provides private and public sector employers with practical and strategic support, advice and guidance to assist senior management in making sound decisions consistent with applicable federal and provincial labour relations and employment law and best practices.  Our expertise includes traditional labour and employment law services, plus specialized advice in many areas, including human rights, occupational health and safety (including workplace harassment), pay equity, accessibility, workers’ compensation and pension and benefits.

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Miller Thomson receives top honours in 2017 Chambers Canada guide

Thirteen Miller Thomson lawyers and four practice groups are named in the 2017 edition of Chambers Canada.  The guide ranks lawyers and law firms in over 40 specialist practice areas across Canada, based on client feedback, peer interviews and an assessment of...

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Miller Thomson lawyers recognized in The Best Lawyers in Canada 2017

126 Miller Thomson lawyers from across the country and in numerous areas of law have been recognized for their expertise in the 2017 edition of The Best Lawyers in Canada. This result is up from 122 lawyers ranked last year....

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Gerald Chipeur provides opinion before Senate Committee on constitutionality of Bill C-14

On June 6, 2016, Gerald Chipeur, QC was called to testify before the Senate Committee studying Bill C-14. The Globe and Mail reported that in his testimony he expressed the opinion that Bill C-14, a bill creating safeguards to protect...

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Gerald Chipeur quoted in The Globe and Mail on assisted-dying bill

Read the article: What you should know about the Liberals’ assisted-dying bill.

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Miller Thomson receives top honours in Chambers Canada

Twelve Miller Thomson lawyers and four practice groups were ranked in the recently published first edition of the Chambers Canada Guide. The Guide ranks leading lawyers and law firms practicing in all provinces and territories across Canada, in over 40...

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Lisa Goodfellow quoted on Advisor.ca

Lisa Goodfellow, a partner in Miller Thomson’s Labour and Employment Group, is quoted in an article on Advisor.ca that explores stock option plans. In the article entitled “Tax and Estate Issues with Stock Options,” Goodfellow explains that not all stock...

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Chambers Global 2015 honours for Miller Thomson

Five Miller Thomson lawyers and two practice groups have been recognized in the 2015 edition of Chambers Global, a ranking of the world’s leading lawyers and law firms. And for the first time, the firm’s offices in Saskatchewan are listed as an...

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Supreme Court of Canada rules religious schools protected from discrimination by government

The Supreme Court of Canada ruled on March 19, 2015 that the guarantee of freedom of religion in the Charter of Rights and Freedoms is available to protect religious schools in Canada from discrimination by government.  Furthermore, the Court affirmed...

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CBC interviews Nicole Byres, QC on Kinder Morgan injunction

Nicole Byres, Partner and Co-Chair of Miller Thomson’s Labour & Employment group, appeared on CBC News British Columbia to discuss Kinder Morgan’s injunction application against protesters who have blocked survey work on Burnaby Mountain.   The interview focused on what was and was not...

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Thought leadership in labour and employment

Miller Thomson’s Canadian Labour & Employment Law Blog focuses on the hot topics and cases affecting labour and employment law in Canada. Insightful, timely and authored by the firm’s lawyers across the country, the postings highlight the group’s expertise in public and...

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Kim Ozubko co-chairs the Ontario Bar Association Pensions & Benefits Law

The first ever Pensions & Benefits Hot Spots – Year End Edition.

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Nicole Byres and Jill Wilkie speak at CACE conference

The Canadian Association of Counsel to Employers (CACE) is an association of management-side labour and employment lawyers across Canada. Nicole Byres is part of a panel discussing “Employment Ethics – Working together: In House and External Counsel.” Jill Wilkie presents on...

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Kim Ozubko speaks on Ontario Retirement Pension Plan

Kim presents on “The Ontario Retirement Pension Plan: What Does This Mean for You and Your Business Clients?” at the Law Society of Upper Canada’s 6th Annual Business Law Summit.

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Valerie Dixon speaks on wrongful dismissals

Valerie Dixon presents “Wrongful Dismissal Settlements and Awards: Making and Defending Mitigation Arguments, and Other Creative Solutions” at CLEBC’s Employment Law Conference 2016.

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Valerie Dixon speaks on workplace accommodation

Valerie Dixon presents “Accommodation of Family Status, Religious Beliefs and Gender Identity” at the BC Human Resources Management Association conference.

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Kim Ozubko speaks on pension plan governance

Kim presents The Osgoode Certificate Program in Pension Law – MODULE 5 – Pension Plan Governance and Managing Board Risk.

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Robert England and Michelle MacGillivray present on HR law

Robert England and Michelle MacGillivray speak at Osgoode’s Certificate in HR Law for HR Professionals.

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Gerald Chipeur, Q.C., Counsel to Christian Legal Fellowship, spoke at the The Canadian Bar Association Alberta Branch on Thursday, May 14, 2015 at 12:00 PM.

On February 6, 2015, the Supreme Court of Canada issued its decision in Carter v. Canada (Attorney General), 2015 SCC.  The Christian Legal Fellowship intervened in that appeal in support of the constitutionality of the Criminal Code prohibition of physician...

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Gerald Chipeur, Q.C. participated in an international conference on Religious Freedom in London, Ontario on May 6, 2015.

Gerry spoke to three panels addressing recent Supreme Court of Canada Charter appeals in which he participated.

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Strategies for Accommodating, Disciplining and Testing the Addicted Employee

Webinar hosted on April 30, 2015 for a session on managing addictions and drug and alcohol testing in the workplace. Speakers will offer practical advice on the following: Investigating suspected cases of substance abuse; Introducing a legal testing policy; Distinguishing...

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A.M. Pension: Pension and Employee Benefits Webinar Series

Miller Thomson hosts a complimentary presentation of A.M. Pension on November 29, 2016 at 8:00 a.m., entitled “Year-End Review: What you Need to Know”, presented by Kim Ozubko. In this A.M. Pension session we will discuss: CPP Reform Case Law and...

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Coffee Talk: Return to Work Accommodation for Mental Health Illnesses and Conditions

Miller Thomson’s Health Industry Group hosts a complimentary webinar/audio conference on November 16, 2016 at 8:00 a.m., entitled “Return to Work Accommodation for Mental Health Illnesses and Conditions”, presented by David Tsai . This Coffee Talk will include a discussion of...

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A.M. Pension: Pension and Employee Benefits Webinar Series

Miller Thomson hosts a  complimentary presentation of A.M. Pension on September 27, 2016 at 8:00 a.m., entitled “One Crazy Summer”, presented by Kim Ozubko. In this A.M. Pension session we discuss: Hello CPP, Good-bye ORPP What the regulators and courts are saying...

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A.M. Pension: Pension and Employee Benefits Webinar Series

Miller Thomson hosts a  complimentary presentation of A.M. Pension on May 31, 2016 at 8:00 a.m., entitled “Mid Year Update”, presented by Kim Ozubko. This A.M. Pension session covers: Why should you care about plan governance? Legal principles underlying plan governance Plan...

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Employee Benefits Administration

Health and welfare benefits are an integral part of attracting and retaining talent. Do you know what your benefit plan administration duties and obligations are before, during, and after employment? Miller Thomson’s Labour & Employment group presents a complimentary breakfast seminar where we provide...

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A.M. Pension: Pension and Employee Benefits Webinar Series

Miller Thomson hosts a  complimentary presentation of A.M. Pension on March 29, 2016 at 8:00 a.m., entitled “Plan Governance: A Primer“, presented by Kim Ozubko. In this A.M. Pension session we discuss: Why should you care about plan governance? Legal principles underlying...

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A.M. Pension: Pension and Employee Benefits Webinar Series

Miller Thomson invites you to a  complimentary presentation of A.M. Pension on February 25, 2016 at 8:00 a.m., entitled “Pension and Benefits 2016: What You Need to Know“, presented by Kim Ozubko. In this A.M. Pension session we will discuss: The ORPP...

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Labour & Employment Update: What’s New in 2015?

Miller Thomson’s Western Canada Labour & Employment group is pleased to invite you to a complimentary seminar on what employers need to know in 2015.  Join as as we discuss key developments and best practice tips on: Business immigration, including...

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Workplace Investigations in Canada: Tips & Best Practices

Areas of discussion include: Tips and best practices for preparing, conducting, concluding the investigation (what to do with the results) The tools and best practices that will minimize negative impacts on HR and the business The legal liability typically associated...

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The Labour and Employment aspects of Agriculture

Our Session Focuses On: Immigration Update – how the changes to the immigration system and new regulations affect employers in the Agricultural sector Workplace Investigations – Tips & Best Practises for conducting workplace investigations The duty to accommodate – Employers’...

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Avoiding Bonus Payments to Terminated Employees Just Got Tougher

Labour Notes, LexisNexis, September 29, 2016

This article was originally published in the September 8, 2016 issue of our Labour & Employment Communiqué. Click here to view.

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Avoiding Bonus Payments to Terminated Employees Just Got Tougher

On August 9, 2016, the Ontario Court of Appeal released two decisions addressing employee entitlement to damages in lieu of a bonus on termination. Generally speaking, the Court confirmed the principle that if a bonus forms an integral part of...

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Arbitration Board Finds Regular Medical Marijuana User Wrongfully Held Out of Safety-Sensitive Position for Four Years

Most people would be concerned if a person operating heavy road maintenance equipment in a large city was also a regular medical marijuana consumer, entitled by permit to consume a significant amount of marijuana on a daily basis.  In responding to...

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Changing Workplaces Review: Special Advisors’ Interim Report

Introduction In February, 2015, the Ontario Government appointed Michael Mitchell, an arbitrator and formerly a prominent labour lawyer, and former Superior Court Justice John Murray as Special Advisors for the Government’s Changing Workplaces Review. Their mandate is to “make recommendations...

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The Right to Be Wrong: Supreme Court of Canada Lowers the Causation Bar on Occupational Disease and Injury

On June 24, 2016, the Supreme Court of Canada provided considerable latitude to decision makers regarding occupational disease and injury in British Columbia (Workers’ Compensation Appeal Tribunal) v. Fraser Health Authority (“Fraser Health”). Fraser Health concerned three technicians at a...

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B.C. Court of Appeal Restores Highest Ever Human Rights Damages Award: Kelly v. University of British Columbia (No. 4), 2013 BCHRT 302 (CanLII)

In early 2014, we reported on a B.C. Human Rights Tribunal decision in which Carl Kelly was awarded $75,000 in damages for injury to dignity, feelings, and self-respect.  This award was and remains the highest amount ever awarded in Canada...

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Federally Regulated Employers Cannot Terminate “Without Cause”

The Supreme Court of Canada has rendered the decision employment experts have been waiting for in Wilson v. Atomic Energy of Canada, reinforcing the views of the overwhelming majority of arbitrators and labour law scholars that the purpose of Part...

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Good-bye ORPP (almost) – Hello CPP

On June 20th, the federal government and the provinces, except for Quebec and Manitoba, reached an agreement in principle to enhance the Canada Pension Plan (“CPP”). The enhancements will be phased-in starting on January 1, 2019. With the enhancement of...

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Oral Contracts, Fixed Term Contracts, and a Winter in Mexico: Key Lessons for Employers

A recent decision of the Supreme Court of British Columbia has provided one employer with a useful reminder on employment contracts and sheds light on what it means to mitigate damages in the digital age. In James v. The Hollypark...

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Further Clarification on the “With Respect to Employment” Threshold under Ontario’s Human Rights Code

In many human rights applications alleging discrimination with respect to employment, the Human Rights Tribunal of Ontario (“HRTO”) may proceed directly to a consideration of the evidence and an analysis of the allegations.  In these cases, the existence of an...

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Probat completes cross-border acquisition of E D Industrial

Counsel to Probat Services Inc.

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BEworks joins kyu collective

Counsel to the kyu collective

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Marcel Equipment sold to European buyer in cross-border transaction

Counsel to Marcel Equipment Limited

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Jabil Circuit acquires Kuatro Technologies

Counsel to Jabil Circuit, Inc.

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Rosewood Simcoe acquires Cedarwood Gardens retirement assisted living facility

Counsel to Rosewood Simcoe Inc.

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Lawson Products acquires Mattic Industries

Counsel to Lawson Products, Inc.

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Western Pacific Enterprises acquired by MYR Group

Counsel to Western Pacific Enterprises

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SGS Canada acquires AXYS Analytical Services

Counsel to SGS Canada Inc.

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Court of Appeal dismisses appeal in employment dispute

Counsel to Goliger's TravelPlus and its President and director Peter Van Der Heyden

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Syntax Systems receives strategic investment by NOVACAP

Counsel to Syntax Systems Ltd. and its principals

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Labour & Employment Communiqué

Read the latest issue of Miller Thomson’s Labour & Employment Communiqué.

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Canadian Labour & Employment Law Blog

View our latest blog posts.

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