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…

Securities Act Amendments Allow Employees to Bring a Civil Action for Reprisal Against Whistleblowing

Recent amendments to the Ontario Securities Act (Act) now permit an employee to commence a civil action in court for reprisal against whistleblowing. Section 121.5 of the Act imposes new potential liability for employers. It states: 121.5 (1) No person or company, or person acting on behalf of a person or company, shall take a…

The Right to Be Forgotten Comes to Canada

On January 26, 2018, the Office of the Privacy Commissioner of Canada issued a new position on the protection of online reputation. In doing so the OPC recognized a right to have personal information de-indexed from search engine results if it is inaccurate, incomplete or out-of-date. Although the position is in draft, is nonetheless of…

Workplace Investigation Training

This workshop focuses on essential investigation skills required by HR Professionals who are charged with investigating workplace incidents including: workplace harassment and violence complaints, discrimination and harassment complaints under the Human Rights Code, employee misconduct such as suspected sick leave abuse or time theft, and more!

Supreme Court of Canada Recognizes Reasonable Expectation of Privacy in Digital Communications

There has been significant discussion of the Supreme Court of Canada’s decisions in R v Jones and R v Marakah – cases in which the Court recognized a reasonable expectation of privacy in text messages that police obtained from others. In Jones, the police obtained messages from a telecom company and in Marakah the police…