Articles 2019

Ending an employment relationship can be fraught with legal risks. Sometimes these risks arise even before the employee has started working for the employer. A recent decision, Kim v. BT Express Freight System, confirms that employers may be liable for damages if they revoke an accepted offer or terminate an employment relationship before the employee actually begins working.

With the onset of the COVID-19 pandemic, the labour and employment bar was forced to rapidly adapt to the world of virtual law practice. Seven months into the pandemic, Arbitrators Paula Knopf, Elaine Newman, Chris Albertyn and Robert Herman provide their insights on virtual hearings, their future post-pandemic, and tools that counsel can use to make the hearing process more efficient.

The sudden shutdown of many offices resulting from the declaration of states of emergency following the outbreak of COVID-19 in Canada meant an entire workforce was suddenly working from home. While we live in an era where most businesses are prepared and equipped for their employees to work remotely, many were left scrambling to continue "business as usual". This article outlines the key steps employers can take to address the privacy risks created by work-from-home arrangements.

A summary of the Ontario Superior Court of Justice's recent decision in Hucsko v. A.O. Smith Enterprises (2020 ONSC 1346).

In the past three years, the Ontario appellate courts released four appellate decisions affirming and clarifying the test to determine whether a worker is a dependent contractor. Thurston v. Ontario (Children’s Lawyer) is the third of four post-McKee appellate court decisions that counsel should consider when advising clients regarding contracts and termination in employment matters.

A subject often considered by our clients, a subject never considered in any detail by lawyers. With the recent pandemonium in the workplace wrought by the pandemic, the institution of the CERB, the extension of the CERB, the delay in EI benefits as a result, and the impact on so many employers and employees, have all resulted in more attention being given to this usually innocuous document

The “duty to Google” is not a novel obligation imposed upon lawyers when considered in the context of practitioner competence. The term serves as simple reminder to lawyers of their responsibility to make use of information that is publicly and easily available.

If we’ve learned one thing in recent months, it is the power of data. Statistical modeling revealed the importance of social distancing to “flatten the curve”. Now that restrictions are starting to ease, data is being used to guide decisions about when to resume normal activities.

Privacy law is still a nascent area of law in Canada. The Supreme Court of Canada case of R v Jarvis (“Jarvis”)—while decided in the context of section 8 of the Canadian Charter of Rights and Freedoms and the application of Criminal Code provisions—underscores some important concepts that could be imported to the employment context.