Staffing Success in the Fire Sector: Decrease in Minimum Staffing Clause Awarded

Staffing in the fire sector is quickly becoming an emerging topic. Whether it is the minimum staffing provision in a Collective Agreement or the minimum number of firefighters per pumper, both associations and municipalities have been raising these issues at bargaining and interest arbitration. A recent significant case in the fire sector provides some much needed clarity for municipalities. For the first time that we are aware of, an Arbitration Board has decreased a minimum staffing clause.

Ontario Introduces Plan to Reform Home and Community Care Services

On February 25, 2020, the Ontario government tabled Bill 175, Connecting People to Home and Community Care Act, 2020 (Bill 175). The legislation is intended to improve funding and access to home and community care for patients.

Management Rights, Sick Leave under HOODIP and More

In our first HR Healthcheck of 2020, we discuss two cases you need to know about. The first deals with whether a scheduled medical procedure under conscious sedation falls within the “sick leave” provisions of HOODIP. The second case considers management rights under the central CUPE collective agreement and a Hospital’s right to transfer employees.

New Standard of Review for Treatment Capacity Appeals – The Vavilov Effect

In December 2019, the Supreme Court of Canada established a new framework that is designed to guide courts on applying the standard of review in judicial review applications. The Court’s long-awaited “trilogy” of cases in Canada (Minister of Citizenship and Immigration) v Vavilov and the two companion appeals heard together in Bell Canada v Canada (Attorney General) (collectively, Vavilov) represents an express departure and evolution from the framework that the Court set out in previous cases. Consequently, these decisions will affect the standard upon which Consent and Capacity Board (CCB) appeals will be heard by the courts.

Supreme Court of Canada: Work Place Safety Inspections Under Canada Labour Code Only Apply to Work Place Over Which Employer Has Control

The Supreme Court of Canada has held that an employer’s work place inspection obligations under the Canada Labour Code (Code) only extend to that part of the work place over which it has physical control, and not to locations beyond its control where its employees may be engaged in work. This decision is welcome news for employers that may require employees to work outside of the employer’s physical location.

New Year – New Standard of Review

Just prior to the end of 2019, the Supreme Court of Canada established a new framework that is designed to guide lower courts on applying the standard of review in judicial review applications. The Court’s long-awaited “trilogy” of cases in Canada (Minister of Citizenship and Immigration) v. Vavilov and the two companion appeals heard together in Bell Canada v. Canada (Attorney General) represents an express departure and evolution from the framework that the Court set out in the case of Dunsmuir decided over a decade ago.