Supreme Court of Canada to Consider Jurisdictional Issue Involving Human Rights Complaint Arising in Unionized Workplace

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….

HRTO Orders Significant Remedies in Ontario Midwives Case

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…

Ontario Labour Relations Board Issues its First “Gig Economy” Decision

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…

Kindergarten Class Size Caps, Right to Remain Silent During a Board’s Investigation and More…

In our first School Board Update of 2020, we discuss recent decisions of interest which look at kindergarten class size caps, whether a grievor had the right to remain silent during a school board’s investigation and whether a grievor was entitled to accommodation in respect of her commute to work. We also provide links to…

Ontario Safety Blitz to Target Construction Sites, Roadworks

The Minister of Labour, Training and Skills Development has announced that from February 4, 2020 to March 13, 2020, Ontario workplace inspectors will be conducting a safety blitz targeting construction sites and roadwork projects. During this blitz, inspectors will be focusing on personal protective equipment (PPE) which may include a variety of items, depending on…

Federal Government Postpones Changes to Stock Options

In June 2019, the federal government tabled a Notice of Ways and Means Motion to limit the benefit of the employee stock option deduction for high income individuals employed at large, long-established, mature organizations. Stakeholders were invited to provide input on the characteristics of small, growing companies that should not be subject to the new…

Workplace Law In Canada: A Primer

This Guide provides non-Canadians with an introduction to employment laws and regulations that affect businesses in Canada. It provides an overview of the main differences between Canadian and U.S. workplace laws. To obtain a copy please contact Knowledge Management.

An Educator’s Guide to Special Education Law, Second Edition

This book provides a complete and comprehensive account of the legal and administrative issues arising from the special education process. It details changes to the Ontario Human Rights Code and the Education Act and how the changes impact upon educators. It also updates case law generated by the courts, the Special Education Tribunal and the…