Articles

About ArticlesLes articles ci-dessous sont publiés par la Section du droit du travail et de l'emploi de l'Association du Barreau de l'Ontario. Les membres sont invités à soumettre des articles.  A propos des articles.

Rédacteur : Andrew Reynolds

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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
ROE, ROE, ROE Your Boat! A Refresher On the Ins and Outs of ROEs

ROE, ROE, ROE Your Boat! A Refresher On the Ins and Outs of ROEs

  • 30 juillet 2020
  • Adrian Ishak, Senior Corporate Counsel, Salesforce

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

Droit du travail et de l’emploi, Student Forum
"A Duty to Google?": Professional Competence for Employment and Labour Lawyers

"A Duty to Google?": Professional Competence for Employment and Labour Lawyers

  • 16 juin 2020
  • Niveda Anandan, Osler, Hoskin & Harcourt LLP

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.

Droit du travail et de l’emploi, Student Forum
Raising the Bar While Flattening the Curve: How Predictive Analytics is Supporting COVID-Era Employment Law Practices

Raising the Bar While Flattening the Curve: How Predictive Analytics is Supporting COVID-Era Employment Law Practices

  • 16 juin 2020
  • Andrew Monkhouse, Monkhouse Law, Kim Condon, Blue J Legal

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.

Droit du travail et de l’emploi, Student Forum
Monitoring Employees: Practical Lessons from R v Jarvis

Monitoring Employees: Practical Lessons from R v Jarvis

  • 16 juin 2020
  • Laura J. Freitag & Madeline A. Davis, Filion Wakely Thorup Angeletti LLP

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.

Droit du travail et de l’emploi, Student Forum