Articles

In a marathon hearing that lasted into the wee hours of the morning, Bernie Fishbein, Chair of the OLRB, was asked by the Minister of Education to determine whether a one day walk-out planned by Ontario’s Elementary Teachers Federation for the next morning constituted an unlawful strike.

The intersection of provincially regulated labour relations and the rights of First Nations has been an interesting and evolving area of law for lawyers practicing in this unique area of law.

When an employee contracts for a fixed period of notice or payment in lieu of notice, is there an obligation to mitigate damages upon termination of employment?

In January of this year, the Ontario Court of Appeal recognized the tort of intrusion upon seclusion in Jones v. Tsige. This tort allows for civil actions for the invasion of personal privacy. Proof of actual loss is not required to claim damages of up to $20,000 for non-pecuniary losses.

A decision of the Alberta Court of Appeal discusses the perils of an employer conducting a seriously flawed workplace harassment investigation.

Final releases, which once guaranteed that legal proceedings brought by employees as a result of termination of employment would be stopped in their tracks, are now more likely to be set aside as unconscionable following the SCC's decision in Rubin v. Home Depot Canada Inc.

In R. v. Cole, the SCC extended the principle that Canadians may reasonably expect privacy in the information contained on their personal computers to work computers, if personal use is permitted or reasonably expected.