Improved Workplace Harassment and Violence Framework for Federal Employees

  With all the allegations of sexual harassment in Hollywood coming to light this past month, the timing of Bill C-65 could not be more fitting. On November 7, 2017, the Honourable Patty Hadji announced the creation of Bill C-65, which is currently in its First Reading in the House of Commons. Bill C-65 is […]

Read More…

What Can Immigration Officers Review When I Am At The Canadian Border?

Travelling through Canadian borders can induce anxiety for some travellers. With security screening a top priority for agencies like the Canada Border Services Agency (‘CBSA’), understandably travellers may become increasingly confused about their rights of privacy while going through an airport.   Privacy concerns are particularly relevant given the proliferation of technology and associated devices […]

Read More…

Employers Can Pay a Heavy Price for What they Say in Interviews

A lot is said in an interview, and sometimes it can come back to bite an employer. A recent decision of the British Columbia Court of Appeal shows the potential consequences for statements made during an interview, especially if it looks like a promise was made that is later broken. In the case Feldstein v […]

Read More…

Employers cannot always rely on mitigation to reduce liability

In Brake v. PJ-M2R Restaurant Inc. the Ontario Court of Appeal imposed limitations on an employer’s ability to rely on a former employee’s mitigation earnings to reduce its liability. Background Esther Brake, a 20-year employee of a McDonald’s franchisee was placed on a 90-day performance improvement plan after several years of strong performance. At the […]

Read More…

Canada Europe Labour Mobility Is Now Law

Canada and Europe are officially subject to a free trade agreement (CETA).  The agreement officially came into effect on September 21, 2017.  This will have a significant impact on Ontario and Canada’s labour market. While the agreement addresses trade in goods, including the reduction of customs and tariffs, a major part of the agreement addresses […]

Read More…

Disability, Pension and Severance Pay

A significant number of employees in Canada receive disability coverage and/or pension payments as a component of their employment benefits.  Disability coverage will often provide the either partial or full coverage of salary while employees are unable to work for health reasons. Pension plans, for their part, provide opportunities to trigger income coverage after a […]

Read More…

Major changes to Ontario Labour Laws Get Closer

Ontario continues to get closer to a major rework of the labour laws. The legislation, known as the Fair Workplaces, Better Jobs Act, 2017 has gone through several rounds of public feedback. This is part of the continuing evolution of employment law in Ontario. As a result of this feedback, the legislation has been modified […]

Read More…

Why was Chelsea Manning denied entry to Canada? Canadian laws to deny entry explained

The recent case of Chelsea Manning has brought light to Canada’s immigration laws as it relates to entry for those convicted of criminal offences. Chelsea Manning is a former United States soldier.  She was convicted for having violated the United States’ Espionage Act, specifically for releasing thousands of classified documents to WikiLeaks.  These documents were […]

Read More…

Can an Employer Use Your Genetic Material Against You?

Modern testing techniques mean that it is possible for individuals to access highly intimate data about not just their current medical condition but their underlying genetic condition.  This has raised serious concerns about the possible negative side effects of the availability of such information on individuals. As a partial response to this issue, the Genetic […]

Read More…

Is an employer liable when they provide a negative reference?

Over the last year, courts in Ontario have provided two important decisions regarding the consequences for providing negative references.  These are important decisions for employment law in both Ontario and Canada. In both cases (Papp v Stokes Economic Consulting Inc. and Kanak v Riggin) the Ontario Superior Court of Justice found that the employer had […]

Read More…