Evan Campbell

Partner | Guelph

519.780.4634

Portrait of Evan Campbell

Court Confirms Employees Can Sue for Harassment

The Ontario Superior Court of Justice recently held that workplace harassment is a cause of action upon which an employee can commence a civil claim against an employer. The Decision In Merrifield v. The Attorney General, the plaintiff had been...

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Termination Clause: Money Saver or Bust

A termination provision in an employment agreement can be a valuable tool to limit the cost of terminating an employee on a without cause basis. An enforceable contractual termination clause rebuts the presumption that an employee is entitled to common...

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The Agricultural Employees Protection Act: Is marijuana an agricultural commodity?

In United Food and Commercial Workers Canada v MedReleaf Corp. the Ontario Labour Relations Board (“OLRB”) was tasked with determining whether marijuana is an agricultural commodity in relation to an application for certification under the Labour Relations Act. The United...

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The Agricultural Employees Protection Act: Is marijuana an agricultural commodity?

In United Food and Commercial Workers Canada v MedReleaf Corp. the Ontario Labour Relations Board (“OLRB”) was tasked with determining whether marijuana is an agricultural commodity in relation to an application for certification under the Labour Relations Act. The United...

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Lengthy Prison Sentence for Supervisor

On January 11, 2016 the project manager for Metron Construction was sentenced to 3 ½ years’ imprisonment for his part in the tragic 2009 accident. On Christmas Eve 2009, at the conclusion of the work day, six workers boarded swing...

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Proposed Expansion of Employer Obligations: New Workplace Sexual Harassment Laws

Employers in Ontario need to be aware of the continued evolution and expansion of their obligations relating to harassment in the workplace. The issues of sexual harassment and violence are high on the Ontario Government’s agenda. In March 2015, the...

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Employer Communication during Union Drives: The Dos and Don’ts

There is not much more frightening for employers than the possibility of becoming unionized. Upon learning of a union drive in the workplace, an employer should develop a strategic response to ensure the best chance of defeating a union’s organizing...

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Tips for Managing WSIB Claims

Dealing with the Workplace Safety & Insurance Board (“WSIB”) can be a challenging and expensive process for any employer. Each claim commenced in relation to a work-related injury can have a significant financial impact on an organization. Schedule 2 employers...

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Event Announcement – EMC Food, Beverage & Bio Sector Initiative

Catherine Bate and Evan Campbell are presenting “Legislative Update: The Issues Impacting the Food Industry” on February 5, 2015 at the Institute of Food Processing Technology, Conestoga College in Cambridge, ON. The presentation will take place from 8:00 – 11:00...

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Interesting Case from Ontario – Farm Workers Denied Coroners Inquest

In Peart v the Ministry of Community Safety and Correctional Services, the Ontario Human Rights Tribunal (“HRTO”) considered whether the Coroner’s Act was discriminatory against migrant farm workers. Ned Peart, a seasonal worker from Jamaica employed under the Seasonal Agriculture...

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WSIB Limits on Mental Stress Claims found Unconstitutional

In a decision released April 29, 2014, the Workplace Safety and Insurance Appeals Tribunal (“WSIAT”) declared certain provisions of the Ontario Workplace Safety and Insurance Act (“WSIA”) unconstitutional. The decision (indexed as December No. 2157/09) involved a nurse who was...

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Health Coverage for Seasonal Workers – A Recent Case from Ontario of Note

The following will be of interest to those in the agri-business who employ seasonal workers: In Ontario (General Manager, Ontario Health Insurance Plan) v Clarke, a decision released March 31, 2014, the Ontario Divisional Court considered whether two seasonal workers...

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Supervisors Jailed for Convictions Under the Occupational Health and Safety Act

A sentence of imprisonment for convictions under the Occupational Health and Safety Act (“OHSA”) is rare. However, two recent cases may signal that the Courts are becoming more comfortable imposing jail terms. The maximum length that can be imposed under...

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New: Mandatory Occupational Health and Safety Awareness Training

The Ontario Government has introduced a new regulation under the Occupational Health and Safety Act (“OHSA”) which requires employers provide mandatory safety awareness training to workers and supervisors. Employers have time to prepare for these new requirements as the Occupational...

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