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.
Author: Hicks Morley
Pension Law 2020: A Clear Look at the Latest Pension Law Reforms
In this FTR Now, we highlight the new pension rules that are of particular interest to employers and pension plan administrators.
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.
Alberta Appellate Court Renders Significant Decision on University Autonomy and Expressive Rights
Universities value their autonomy, and though subject to court supervision, have long been accorded significant leeway in managing their academic and non-academic affairs. The Alberta Court of Appeal recently issued a decision that is controversial in its recognition that the Canadian Charter of Rights and Freedoms governs an Alberta university’s control over the use of its space. This decision conflicts with jurisprudence in other jurisdictions and may be challenged, but it does highlight the pressures on university autonomy today, particularly as they pertain to matters involving free expression.
Action for Constructive Dismissal as a Result of Workplace Harassment Statute-Barred by WSIA
The Workplace Safety and Insurance Appeals Tribunal (WSIAT) has held that a civil action for constructive dismissal based on alleged workplace harassment and bullying was statute-barred under the Workplace Safety and Insurance Act, 1997 (WSIA) and could not proceed.
Assurer une célébration du temps des fêtes en toute sécurité
La saison des fêtes est un temps de célébration. Pour plusieurs d’entre nous, cela peut comprendre des célébrations du temps des fêtes dans le milieu du travail. Tous les employeurs, grands ou petits, devraient s’assurer de prendre le temps de créer un plan visant à créer un environnement sain et sécuritaire pour les employés et les invités qui participeront à ces célébrations.
IIROC-Regulated Employers Now Subject to New Cybersecurity Incident Reporting Obligations
As of November 14, 2019, investment dealers engaged in trading activity in Canadian markets (Dealer Members) that are regulated by the Investment Industry Regulatory Organization of Canada (IIROC) are now subject to new stringent reporting obligations for cybersecurity incidents. These new rules are the result of amendments to Rules 3100 and 3703 of the IIROC Rules that apply to all Dealer Members.
Employers with Drivers Operating in the U.S. Take Note: New U.S. Drug and Alcohol Testing Rule in Force January 6, 2020
On January 6, 2020, Canadian employers who have commercial drivers operating in the United States will be required to comply with the requirements under the new Drug and Alcohol Clearinghouse program. Clearinghouse is administered by the United States Department of Transportation (DOT) Federal Motor Carrier Safety Administration (FMCSA).
Ensuring a Safe Holiday Party
The holiday season is a time for celebration. For many of us, this may include workplace celebrations. All employers, big or small, should ensure that in addition to traditional party logistics, they take the time to develop a plan for providing a healthy and safe environment for employees and guests at any workplace celebrations.