A federal election has been called for October 19, 2015. Under the Canada Elections Act (“Act“) all employees who are electors – Canadian citizens who are 18 years of age or older – are entitled to three (3) consecutive hours on election day during voting hours to cast their vote. In this FTR Now, we…
Industry: Healthcare
Arbitrator Upholds Discharge of Long Service Employee with Clean Record for Theft
In a recent arbitration decision involving a case of petty theft in the workplace, an arbitrator provided very useful guidance on workplace theft and the mitigating factors an employer should take into account in determining the penalty. The…
2015 Fall Edition
FOCUS ON WSIB Workplace safety and insurance – hidden profile, high stakes LEGAL DEVELOPMENTS Bill 168 – Occupational health and safety five years later Developing an attendance management plan: what you need to know PROFILE David J. Bannon Download PDF
Changes to Personal Health Information Privacy Legislation Introduced
On September 16, 2015, the Ontario government introduced Bill 119, Health Information Protection Act, 2015, which would amend the Personal Health Information Protection Act, 2004 (“PHIPA”) and repeal and replace the Quality of Care Information Protection Act, 2004 (“QCIPA”). With respect to PHIPA amendments, if passed Bill 119 would, among other things: require health custodians to…
Court Awards Consultant 8 Months’ Notice for 2 Years of Service
A recent case demonstrates that despite an agreement characterizing the relationship as one involving an independent contractor, there is always the risk upon termination that the relationship may ultimately be found to require…
2015 Summer Edition
FOCUS ON HUMAN RIGHTS Beyond wrongful dismissal LEGAL DEVELOPMENTS Common pitfalls: use of expert witnesses Class actions beyond certification – the case for defence through trial PROFILE A litigator at heart Download PDF
Ontario Court Issues Significant and Conservative Decision on Scope of Privacy Tort
On August 31st, the Ontario Superior Court of Justice issued a significant decision on the scope of the common law privacy tort – both declining to recognize a cause of action based on “public disclosure of private facts” and…
Ontario Court of Justice Dismisses OHSA Charges Where Worker’s Unauthorized Act Led to Injury
In a recent decision, R. v. ABS Machining Inc., the Ontario Court of Justice dismissed Occupational Health and Safety Act (“OHSA”) charges against an employer where the injured worker’s unexpected and unauthorized act led to his injury. The decision confirms that employers can succeed in defending charges on the basis of due diligence when workers…
Employer Investigations Held to Standard of Reasonableness, not Correctness or Perfection
In a recent decision, Zambito v. LIUNA Local 183, the Human Rights Tribunal of Ontario (“Tribunal”) provided some useful guidance on internal employer investigations. It reiterated that while it is extremely important for employers to respond seriously and promptly to all allegations of discrimination and harassment, they will be not be held to a standard of…
An Update on WSIB Rate Framework Reform
In March 2015, the Workplace Safety and Insurance Board (“WSIB”) released a preliminary Rate Framework (“Proposed Framework”) which, if adopted, would fundamentally change the way the WSIB classifies Schedule 1 employers and sets their premium rates (see our FTR Now of April 17, 2015 “WSIB Rate Framework Reform: Stakeholder Input Invited”). At the same time,…