242 Results

Case In Point

On July 10, 2020, the Supreme Court of Canada issued its decision in Reference re Genetic Non‑Discrimination Act, upholding the constitutionality of the impugned sections of the federal Genetic Non-Discrimination Act (Act) in a split decision. The constitutional question was raised in a reference by the Quebec government to the Quebec Court of Appeal, which…

Case In Point

In its recent decision Ontario v Association of Ontario Midwives, the Ontario Divisional Court upheld two decisions of the Human Rights Tribunal of Ontario pertaining to sex discrimination and pay equity, reaffirming that employers have an obligation to take proactive steps to ensure that sex-segregated workers are compensated free from sex discrimination and that a…

Case In Point

On June 26, 2020, the Supreme Court of Canada released Uber Technologies Inc. v. Heller and dismissed an appeal of the Ontario Court of Appeal’s decision which held that the arbitration clause in Uber’s standard form services agreement (Agreement) was invalid both because it was unconscionable and because it contracted out of mandatory provisions of the Employment Standards Act, 2000 (ESA). We previously reported on the Court of Appeal decision.

Case In Point

In Waksdale v Swegon North America, the Ontario Court of Appeal ruled that the “without cause” and “with cause” termination clauses in an employment contract must be read together: if one is not compliant with the Employment Standards Act, 2000 (ESA), both are unenforceable. The plaintiff employee sued the defendant employer for damages for wrongful…

Case In Point

On February 27, 2020, the Supreme Court of Canada granted leave to appeal from a decision of the Manitoba Court of Appeal, Northern Regional Health Authority v Manitoba Human Rights Commission et al, that found a human rights adjudicator had jurisdiction to hear complaints of discrimination where the workplace was governed by a collective agreement….

Case In Point

In Association of Ontario Midwives v. Ontario (Health and Long-Term Care), the Human Rights Tribunal of Ontario (HRTO) affirmed that those who set compensation rates may be required to take proactive steps to ensure that sex-segregated workers are compensated in a way that is free of sex-based discrimination. It ordered, among other things, that the…

Case In Point

In its first “gig economy” decision, the Ontario Labour Relations Board (Board) has concluded that Foodora couriers are dependent contractors and therefore may unionize. Foodora is a web services company that provides an online marketplace platform connecting consumers to restaurants, through the use of couriers. Board’s Test for Dependent Contractor Status In Canadian Union of…

Case In Point

In Ontario Secondary School Teachers’ Federation and Toronto District School Board, Grievance # 13-50 (Accommodation), Arbitrator Nyman held that the refusal of the Toronto District School Board (TDSB) to transfer the grievor, a secondary school teacher who suffered from chronic pain and fatigue, to a school located within 15 kilometers of her home to ease…