Articles 2021

Aujourdʼhui
Aujourdʼhui
Madeleine Werker, Grosman Gale Fletcher Hopkins LLP

New Federal Workplace Harassment and Violence Prevention Regulations

  • 05 janvier 2021
  • Madeleine Werker, Grosman Gale Fletcher Hopkins LLP

This article reviews notable changes to federally-regulated employers’ obligations when the new Workplace Harassment and Violence Prevention Regulations come into force as of January 1, 2021. These new Regulations create one regime for both workplace violence and sexual harassment and set out requirements with regard to workplace harassment and violence prevention policies, workplace assessments, training, and procedural requirements.

Droit du travail et de l’emploi, Student Forum
James Jennings, Filion Wakely Thorup Angeletti LLP

Virtual Mediations – Tips and Trends from the Virtual Trenches

  • 05 janvier 2021
  • James Jennings, Filion Wakely Thorup Angeletti LLP

In the second of a two-part series, I interview mediators Barry Fisher, Lisa Feld, Sheri Price and Stuart Rudner regarding their top tips and trends they see in the world of virtual mediations.

Droit du travail et de l’emploi, Student Forum

Enforceability of Termination Clauses for Federally-Regulated Employees

  • 05 janvier 2021
  • Gregory Ko, Kastner Lam LLP

This article unpacks the Superior Court’s recent decision in Sager v. TFI International Inc., which represents one of the first decisions addressing the enforceability of termination clauses governed by the Canada Labour Code.

Droit du travail et de l’emploi, Student Forum
Supreme Court Clarifies Damages for Bonuses Arising During the Notice Period in Matthews v Ocean Nutrition Canada Ltd.

Supreme Court Clarifies Damages for Bonuses Arising During the Notice Period in Matthews v Ocean Nutrition Canada Ltd.

  • 02 novembre 2020
  • Brett Hughes, Dewart Gleason LLP

In Matthews v Ocean Nutrition Canada Ltd., the Supreme Court declined to address whether the duty to perform a contract in good faith established in Bhasin v Hrynew, 2014 SCC 71 extends throughout the duration of an employment contract. The court instead provided helpful guidance regarding the test for whether an employee is entitled to damages for loss of bonus or incentive payments during a reasonable notice period.

Droit du travail et de l’emploi, Student Forum
Rescinding Job Offers Can Result in Liability for Employers

Rescinding Job Offers Can Result in Liability for Employers

  • 02 novembre 2020
  • Justin P'ng, Fasken Martineau DuMoulin LLP

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.

Droit du travail et de l’emploi, Student Forum

Choice of Forum in Human Rights Proceedings

  • 02 novembre 2020
  • Harrison Brown, Turnpenney Milne LLP

The choice of forum in which to begin a human rights proceeding can often have dramatic consequences for litigants, which may not be readily apparent at the time of deciding to commence litigation. This article reviews the strategic considerations involved in whether to proceed before the Human Rights Tribunal of Ontario or the courts.

Droit du travail et de l’emploi, Student Forum
Virtual Hearings – Arbitrators’ Top Tips and Trends

Virtual Hearings – Arbitrators’ Top Tips and Trends

  • 30 septembre 2020
  • James Jennings, Filion Wakely Thorup Angeletti LLP

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.

Droit du travail et de l’emploi, Student Forum
Maintaining Privacy Standards While Working from Home During COVID-19

Maintaining Privacy Standards While Working from Home During COVID-19

  • 11 septembre 2020
  • Barbara Walancik, Koskie Minsky LLP

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.

Droit du travail et de l’emploi, Student Forum
The Dependent Contractor Test – What is the “True Substance” of the Relationship?

The Dependent Contractor Test – What is the “True Substance” of the Relationship?

  • 31 juillet 2020
  • Vanessa Glasser, counsel, Ministry of the Attorney General, Crown Law Office Civil, and Vincent Rocheleau, associate, Blaney McMurtry LLP

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.

Droit du travail et de l’emploi, Student Forum