In a decision dated February 20, 2018, Arbitrator William Kaplan dismissed a grievance brought by the Ontario English Catholic Teachers’ Association (OECTA) concerning a teacher’s entitlement to sick leave when, following a voluntary unpaid non-statutory leave of absence, she is unable to return to work due to an intervening illness or injury.
Industry: Education
Are Service Providers Liable for Harassment Between Customers? The Divisional Court Weighs In
In City of Toronto v. Josephs, the Divisional Court reviewed a recent decision of the Human Rights Tribunal of Ontario (Tribunal) and specifically addressed the question of a service provider’s liability for harassment issues arising between customers. In so doing, the Court has provided useful guidance for organizations that provide services to the public, and…
Supreme Court of Canada Finds Employers Have Duty to Accommodate Under Workers’ Compensation Legislation
The Supreme Court of Canada recently considered an employer’s duty to accommodate under Québec’s workers’ compensation legislation, the Act Respecting Industrial Accidents and Occupational Diseases (Act). In Quebec (Commission des normes, de l’équité, de la santé et de la sécurité du travail) v. Caron, the Commission de la santé et de la sécurité du travail…
Human Rights Tribunal Dismisses Special Education Human Rights Application, No Prima Facie Case of Discrimination Found
In a recent decision, U.M. v. York Region District School Board, the Human Rights Tribunal of Ontario (Tribunal) dismissed an application brought against the Respondent school board which alleged that it had discriminated against two students (U.M and M.M.) in the delivery of educational services. This decision confirms that in special education situations, a school board is obliged to act in the interests of the students with respect to educational decisions; while it should communicate with parents, those educational decisions are not generally subject to parental control. Learn more in this School Board Update.
Ontario Proposes Key Reforms to the Framework for Collective Bargaining in the Education Sector
Significant proposed reforms to the existing framework for collective bargaining in the education sector may change the way school boards and unions negotiate agreements – and could impact the outcomes achieved at the table. Find out what may be in store…
Reminder: Universities and Colleges to Have Student-Specific Sexual Violence Policies in Place by January 1, 2017
On January 1, 2017, amendments to the Ministry of Training, Colleges and Universities Act and the Private Career Colleges Act, 2005 made by Bill 132 (Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015) come into force…
New Definition of “Spouse” in Ontario to Affect Plan Administration, Insurance & Succession Rules
Pending legislative changes to the definition of “spouse” in Ontario are set to impact pension plan administration and insurance claims in Ontario, further to amendments recently enacted by Bill 28, All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016…
Appellate Court Clarifies Use of Subsequent Conduct Evidence in Resolving Ambiguous Contract
In an important decision regarding the law of contractual interpretation, Shewchuk v. Blackmont Capital Inc., the Ontario Court of Appeal considered when the subsequent conduct of parties can be considered in interpreting a contract made between those parties…
Appellate Court Refuses to Extend Time for Filing of Leave to Appeal: Case Lacked Merit
In Reid v College of Chiropractors of Ontario, the Ontario Court of Appeal recently reviewed the test for extending time to file leave to appeal. The Court dismissed the motion for an extension of time on the basis that the proposed appeal lacked merit. The decision provides a helpful summary of the test for extending…
Supreme Court Affirms Supremacy of Solicitor-Client Privilege
In Alberta (Information and Privacy Commissioner) v. University of Calgary, a majority of the Supreme Court of Canada (with two justices partially concurring) affirmed that the University of Calgary was justified in its refusal to produce certain documents over which it had claimed solicitor-client privilege to the Information and Privacy Commissioner of Alberta (Commissioner). The…