Volume 13, No. 3 - June/Juin 2011

In this issue:

• A Balanced Approach to Reputational Harm: The Nova Scotia Court of Appeal Considers an Employers’ Right to Address Off Duty Conduct
• Expanding the Definition of Employment Under Health and Safety Legislation
• Ontario v. Fraser – The Supreme Court of Canada Significantly Narrows the Scope of the Constitutional Protection of Collective Bargaining
  

Volume 13, No. 2 - May/Mai 2011

In this issue:

• Access to Justice in Employent Law
• Obligations of a Departing Fiduciary: Two Views from the Bench
• Everyone Counts When it Comes to Joint Health and Safety Committees
• Fundraiser in Support of LIFE
  

Volume 13, No. 1 - January/Janvier 2011

In this issue:

• Keeping Economic Torts Separate and Apart
• Arbitration Decisions Must Deal Squarely with Human Rights Issue to Bar Future Human Rights Application
• To the Court of Appeal and Beyond:  Enforcing Statutory Duties in Overtime Class Actions

Volume 12, No. 3 - August/Août 2010

 In this issue:

• Is the Sky Falling, Chicken Little? General Damages in the New Human Rights World
• The Ontario Court of Appeal Revisits the Principles for Defining Work Relationships
• The Road to Accessibility – The Accessibility for Ontarians with Disabilities Act, 2005 and the Employment Standard
• Recent Amendments to the Rules Procedure for the Human Rights Tribunal of Ontario
   

Volume 12, No. 2 - April/Avril 2010

In this Issue:

• The Supreme Court of Canada “Sharpens the Focus” of Fiduciary Law
• Supreme Court Revisits Jurisdiction Question in Fastfrate
• Random Drug Testing, Absent Reasonable Cause, Violates Collective Agreement
• Soost v. Merrill Lynch: Examining Wallace Damages in the Post-Keays Era
• New Civil Procedure Rules = New Strategies for Employment Lawyers
   

Volume 12, No. 1 - November/Novembre 2009

In this Issue:

• Mandatory Retirement of Airline Pilots Ruled Unconstitutional
• Ontario Court Dismisses Overtime Class Action Against CIBC
• Ontario Government Proposes New Workplace Harassment Legislation
• Who Is The Employer? Bill 139 Amendments to the ESA and the OLRB’s Decision in National Waste
• What We Like and Don’t Like About Mediations

Volume 11, No. 4 - July/Juillet 2009

In this Issue:

• Ontario Divisional Court confirms the Application of Estoppel to a Provincial Agreement under Labour Relations Act, 1995
• Wrongful Dismissal Litigation in the New Recession
• Termination Provisions in an Employment Contract Can Limit Severance Entitlement to Statutory Minimum, Appeal Court Rules: Robert Clarke v. Insight Components (Canada)
• "Me Too" Grievances and Management Rights
• Time To Check the Termination Clauses in Stock Option Plan and Agreements
• Collective Negotiations for Principals and Vice-Principals
• Taxation Considerations on Cessation of Employment
• From Websites to Blogs to Facebook: Insubordination in an Electronic Age
• Termination of Chair and Vice-Chairs of Saskatchewan Labour Board Not Inappropriate Interference
  
  Volume 11, No. 3 - March/Mars 2009
  
  In this Issue:
• Employment Options during Economic Downturns
• King v. Weber Manufacturing Technology Inc.
• From Websites to Blogs to Facebook: Insubordination in an Electronic Age
• Termination of Chair and Vice-Chairs of Saskatchewan Labour Board Not Inappropriate Interference

  Volume 11, No. 2 - November/Novembre 2008
  
  In this Issue:

  • Criminal Offences and Discrimination in Hiring: Can Employers Refuse to Hire an Employee due to a Pardoned Criminal Offence?
  • Dunsmuir v. New Brunswick: Supreme Court Rules that Public Employees under Contract are not Owed Procedural Fairness when Released from their Employment
  • Pitfalls for Employment Lawyers
  • Investigating Harassment Complaints: Potential Pitfalls and Practical Tips
  • Message from the Chair

  Volume 11, No. 1 - September/Septembre 2008

  In this Issue:

  • Keays v. Honda: The Employer's Perspective
  • Minister of Labour Addresses Section
  • A Tale of Two Bona Fides
  • Evans v. Teamsters ... Another Sign of a More Employer Friendly Era?
  • Can an Employer Make Unilateral Changes to the Employment Contract With Notice?
  • Task Force Update

  Volume 10, No. 4 - April/Avril 2008

  In this Issue:

  • Our New Name: Labour and Employment Law Section
  • Wrongful Dismissal Task Force is Being Struck to Examine Access to Justice Concerns
  • Ontario Human Rights Code Amendments: A New Regime Commencing June 30, 2008
  • The Same or a Different Arbitrator?
  • Update on Pre-Employment and Random Drug Testing Cases
  • First Criminal Conviction Registered Under Bill C-45 Amendments

  Volume 10, No. 3 - February/Février 2008

  In this Issue:

  • New Leave Provisions for Reservists Added to the Employment Standards Act, 2000
  • Upcoming Programs
  • Revelations in Accommodation
  • Disability Claims in a Unionized or Non-unionized Setting
  • Section Executive 2007-2008

  Volume 10, No. 2 - December/Décembre 2007

  In this Issue:

  • Adding Another Mouth to Feed: The New Family Day Holiday
  • Have I Told You, Lately?
  • Bombardier: Outsourcing Transactions and Severance Payment Obligations under the Ontario Employment Standards Act, 2000
  • "Contracting Out" vs. "Contracting In": The Court of Appeal Weighs in on the Use of Agency Employees
  • Airport Redevelopment and Construction Safety under Provincial Authority
  • OBA Young Lawyers' Division — What Membership in Our Section Can Do for You
  • 2008 OBA Institute of Continuing Legal Education
  • Section Executive 2007-2008

  Volume 10, No. 1 - October/Octobre 2007

  In this Issue:

  • Health Services Supreme Court Decision: Collective Bargaining Now Included in the Section 2(d)Freedom of Association
  • Message from the Chair
  • Dramatic Reversal: The New Charter Right to Collective Bargaining
  • Effective Date for Changes to Ontario's Human Rights System Announced
  • Aggravated Damages Awarded Where No Independent Wrong
  • Titus v. Cooke: The Latest Word from the Ontario Court of Appeal on the Enforceability of Releases
  • Upcoming Programs
  • Newsletters Now Electronic: Message from the Chair of Sections
  • National Pro Bono Mentorship Program/Le programme national de montorat pro bono
  • Section Executive 2007-2008

  Volume 9, No. 5 - May/Mai 2007

  In this Issue:

  • Global Positioning Systems: Big Brother or Good Business
  • The Emerging Common Law Duty of Fairness in Canadian Employment Law
  • Gimme Shall-ter: The Ontario Superior Court of Justice (Divisional Court) Reverses OLRB Precedent on Timeliness
  • Section Executive 2006-2007

  Volume 9, No. 4 - March/Mars 2007

  In this Issue:

  • A Day at the Zoo: The Supreme Court of Canada Considers Deemed Termination Clauses
  • Leisureworld Revisited Yet Again
  • Ontario Board of Arbitration Considers Random Drug Testing
  • Court Awards BC Police Officer $950,000 in Damages for Negligent Infliction of Mental Suffering by her Supervisor
  • Section Executive 2006-2007

  Volume 9, No. 3 - January/Janvier 2007

  In this Issue:

  • Notice Periods and Disability: A Judicial Quagmire
  • Leisureworld Revisited
  • Section Executive 2006-2007

  Volume 9, No. 2 - November/Novembre 2006

  In this Issue:

  • Can an Arbitrator "Deem" Employment Terminated Due to Frustration? - One Arbitrator Says, "Yes"
  • Alberta Court Considers Pre-mployment Drug Testing and Whether Casual Drug Users are Protected by Human Rights Legislation
  • Arbitrator has Jurisdiction Over Sexual Assault Claim
  • The Priority of Natural Justice in Labour Arbitrations
  • Invasion of Privacy as an Independent Tort
  • Section Executive 2006-2007

  Volume 9, No. 1 - September/Septembre 2006

  In this Issue:

  • Labour Not Subject to Higher Threshold than Other Creditors in Insolvency Proceedings: TCT Logistics
  • Message from the Chair
  • Seneca College: Do Arbitrators have Jurisdiction to Award Punitive and Aggravated Damages?
  • Bill 107: Proposed Reforms to Ontario's Human Rights System
  • The Priority of Natural Justice in Labour Arbitrations
  • Section Executive 2006-2007

  Volume 8, No. 4 - May/Mai 2006

  In this Issue:

  • Ontario Health Premium Update: Unions and Employers Continue to Litigate
  • Bill 14 Amendments
  • Frivolous Wallace Claims May Hurt Otherwise Successful Plaintiffs
  • DFR Issues in a World of Ever-Expanding Remedies
  • CAW v. London Machinery Inc. - Court of Appeal Rules that Recall Provision Does Not Extend ESA Temporary Layoff
  • Section Executive 2005-2006

  Volume 8, No. 3 - March/Mars 2006

  In this Issue:

  • The Agricultural Employees Protection Act (AEPA) is Constitutional
  • Disability Benefits Must be Continued during the Notice Period
  • Ontario Government Officially Puts an End to Mandatory Retirement: Changes Will be Effective December 12, 2006
  • A Review of the 2006 Institute of Continuing Legal Education Labour & Employment Program
  • Documentary Evidence in Employment Litigation: A Basic Overview
  • Section Executive 2005-2006

  Volume 8, No. 2 - January/Janvier 2006

  In this Issue:

  • Address of The Honourable Steve Peters: Minister of Labour on December 9, 2005
  • The Board's Power to Grant Substantive Interim Relief under the New Section 98
  • Divisional Court Says Employer is Obliged to Pay New Ontario Health Premium
  • Companies' Creditors Arrangement Act ("CCAA") Reform and the Treatment of Collective Agreements in the Restructuring Process
  • Section Executive 2005-2006

  Volume 8, No. 1 - November/Novembre 2005

  In this Issue:

  • "Patent Unreasonableness" - Still the Standard of Review of Arbitration Decisions in Ontario
  • Message from the Chair
  • Unproven Claim of Racism Attracts Substantial Indemnity Costs: A Comment on Hamaglengwa v. Duncan
  • S. 48(15): Settlements and the Jurisdiction of Arbitrators
  • An Evening with Michael Gottheil
  • Section Executive 2005-2006

  Volume 7, No. 3 - February/Février 2005

  In this Issue:

  • An Evening with the Minister of Labour
  • Are Employers Responsible for Paying the new Health Care Premium?
  • Mandatory Retirement in Ontario: Legislative Predictions
  • Expanding Duty to Accommodate Employees' "Family Status"
  • Successor Employer Obligations vs. Bankruptcy Law

  Volume 7, No. 2 - November/Novembre 2004

  In this Issue:

  • From the Arbitrator's Chair
  • Expanding Duty to Accommodate Employees' "Family Status"
  • Are Employers Responsible for Paying the New Health Care Premium?

  Volume 7, No. 1 - August/Aout 2004

  In this Issue:

  • Has the Divisional Court Frustrated Employers?
  • Message from the Chair
  • Message from the Editor
  • Unjust Dismissal and Non-Unionized Employees

  Volume 6, No. 4 - May/Mai 2004

  In this Issue:

  • Fighting the "Establishment": Comparing "Women's Work" to Work Performed by Men
  • Challenges Posed to Workers with HIV/AIDS - A Canadian Perspective
  • Ontario's New Labour Board?
  • Editor's Message
  • Joint Labour Relations and Workers' Compensation Sections Program - April 19, 2004

  Volume 6, No. 3 - March/Mars 2004

  In this Issue:

  • Workplace Health and Safety Now a Criminal Matter
  • Editor's Message
  • Constructive Dismissal - A Balance Tool for Employers and Employees?
  • Retirees Allowed their Day in Court
  • Personal Data Adjudication: A New Forum?
  • Mathews Dinsdale & Clark LLP Demonstrates Hockey Knowledge Superiority

  Volume 6, No. 2 - November/Novembre 2003

  In this Issue:

  • Wallace Damages: An Expansion into the Arbitral Realm?
  • The Damp November in our Souls: A Message from the Chair
  • Editor's Message
  • Accommodation Employees with Disabilities: Taking Undue Hardship Seriously in Return to Work Cases
  • Parry Sound - A Case Review

  Volume 6, No. 1 - August/Aout 2003

  In this Issue:

  • Employee Absences and Attendance Programs: What Impact Does the Duty to Accommodate Have on the Doctrine of Innocent Absenteeism?
  • The Magic Summer: A Message from the Chair
  • Editor's Message
  • Does Continued Employment Constitute Consideration? A Case Comment on Kohler Canada Co. v. Porter
  • You Can't Make Me Say Sorry
  • The State of Independence - The Supreme Court of Canada's Decision in C.U.P.E. v. Ontario (Minister of Labour)

  Volume 5, No. 3 - May/Mai 2003

  In this Issue:

  • Disability Benefits Due Diligence: Protect Yourself
  • Message from the Chair
  • The Judges Case

  Volume 5, No. 2 - January/Janvier 2003

  In this Issue:

  • Concerns Regarding the OLRB
  • A Call for Consultation
  • Case Comment - B. v. Ontario (Human Rights Commission)
  • Partial Wind Up of Pension Funds: What Did the Court Say in Monsanto Canada Inc. v. Ontario (Superintendent of Financial Services)?
  • An Employee Perspective on Monsanto
  • Case Comment: Dunmore v. Ontario (Attorney General)
  • From Dunmore to the AEPA: The Employer Perspective
  • Union Perspective on Dunmore
  • An Evening with the Minister of Labour

  Volume 5, No. 1 - September 2002

  In this Issue:

  • Letter from Kevin Whitaker, Chair of the Ontario Labour Relations Board
  • Message from the Chair
  • The Judges Case
  • Interest Arbitration Update
  • Emerging Workplace Technologies and Employee Privacy Expectations

  Volume 4, No. 4 - May 2002

  In this Issue:

  • Does an Arbitrator Have Exclusive Jurisdiction Over Human Rights Issues Arising in a Unionized Workplace?
  • Message from the Chair
  • Criminal Convictions at Arbitration
  • Recent Developments in the Law of Injunctions and Secondary Picketing
  • Just What Was Said

  Volume 4, No. 3 - January 2002

  In this Issue:

  • Ontario Labour Relations Board Update
  • Message from the Chair
  • Intervention by the Canadian Bar Association ("CBA") in the Supreme Court of Canada in CUPE v. Ministry of Labour for Ontario
  • National Academy of Arbitrators Intervenes in Retired Judges Case
  • Dishonesty Not Always Grounds for Dismissal: A Case Comment on McKinley v. BC Tel
  • Upcoming Programs

  Volume 4, No. 2 - November 2001

  In this Issue:

  • Whitaker Outlines his Vision at the OLRB
  • The Effect of Criminal Convictions at Labour Arbitration: The Ontario Court of Appeal Narrows the Scope for Re-Litigation
  • Fixed Term Contract May Not Fix Reasonable Notice: A Case Comment on Ceccol v. The Ontario Gymnastic Federation
  • Ontario Court of Appeal Rules on the Impact of a Court Judgement Upholding an Arbitration Award: Are the Courts Concerned about Inconsistent Arbitration Awards?

  Volume 4, No. 1 - October 2001

  In this Issue

  • Bill 147: Employment Standards Act, 2000
  • Case Comment: Berry v. Pulley
  • Upcoming Events
  • S.C.C. Grants Leave in the Judges' Case

  Volume 3, No. 1 - January 2001

  In this Issue:

  • Ontario Court of Appeal Rules on Random Alcohol and Drug Testing: Entrop v. Imperial Oil Ltd. (2000), 50 O.R. (3rd) 18
  • Litigating Insurance Entitlement Claims: The Final Word?
  • Accommodation of Religious Observance: When is the Point of Undue Hardship Reached?
  • Where to Go and What to Do Once You Get There
  • Arbitration Top Ten: What Works, What Doesn't
  • Labour Relations Section Executive 2000-2001