The Ontario Bar Association published an article authored by Hicks Morley’s Jacqueline Luksha in their May 28, 2014 edition entitled, “The Duty to Investigate Workplace Complaints Under the Ontario Human Rights Code…Is hind-sight really 20/20?” In the article, Jacqueline discusses lessons learned from Scaduto v. Insurance Search Bureau, including the importance of employers carrying out…
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2095 Results
Education Act Regulatory Amendments Filed (Full Day Junior Kindergarten/Kindergarten and Extended Day/Third Party Programs)
O. Reg. 137/14 (Full Day Junior Kindergarten and Kindergarten), amending O. Reg. 224/10 made under the Education Act, was filed on June 26, 2014. O. Reg. 137/14 adds a definition of “French immersion” and sets out specific circumstances in which a board is not required to operate full day junior kindergarten or full day kindergarten. O….
CASL Regulations Amended
On May 28, 2014, Regulations Amending the Electronic Commerce Protection Regulations (CRTC) (“Regulations”) were registered and came into force. The Regulations amend the Electronic Commerce Protection Regulations (CRTC) made under Canada’s Anti-spam legislation (“CASL”), to provide that section 5 of the Electronic Commerce Protection Regulations (CRTC) (“Specified Functions of Computer Programs”) comes into effect on…
CPP Regulations Amended to Define “Substantially Gainful” Occupation
On June 18, 2014, Regulations Amending the Canada Pension Plan Regulations were published in the Canada Gazette. As previously reported, the Regulations amend the Canada Pension Plan Regulations to prescribe the meaning of “‘substantially gainful’, in respect of an occupation” in subsections 42(1) and 89(1) of the Canada Pension Plan, one of the factors relevant…
Mid-Year Check-In: Key Developments in Labour Arbitration Law (Accredited)
The purpose of this session is to provide in-house counsel with updates on key developments in labour arbitration law and to discuss how to apply lessons drawn from key cases to strengthen policy, disciplinary and labour relations decisions in the following areas: Workplace Violence and Harassment: The potential areas of non-compliance that every employer should…
Court of Appeal Reduces 24.5 Months’ Notice Granted to 70 Year Old Employee
In 2013, the decision of Kotecha v. Affinia garnered some attention among employment lawyers and human resources professionals. The motion judge’s award of 24.5 months’ notice (22 months’ notice, in addition to the 11 weeks of working notice already provided) to a 70 year old employee was seen by some as a potential indicator marking…
William LeMay Quoted in Law Times
Hicks Morley’s Will LeMay was quoted in the June 9, 2014 edition of Law Times in an article entitled “Lawyers divided on WSIB stress-claim ruling.” The article discusses a Workplace Safety and Insurance Appeals Tribunal panel decision that chronic workplace-related stress could be a valid claim under Ontario’s workplace insurance system, and that some of…
Arbitrator Upholds Dismissal of Grievor for Posting Vicious Comments about Co-Worker on Facebook
In a recent labour arbitration award, Arbitrator Laura Trachuk upheld the dismissal of a three and one-half year employee for posting vicious, humiliating and threatening comments about a co-worker on Facebook. While the Arbitrator left many specifics out of her decision in order to protect the identities of those involved, this decision serves as an…
Hicks Morley featured in Benefits Canada
Hicks Morley was cited in the May 26, 2014 edition of Benefits Canada in an article entitled “Court reduces award given to bullied employee“. The article references Hicks Morley’s recent FTR Now entitled, “Court of Appeal Reduces $1.45 Million Award to Constructively Dismissed Employee” which reviewed the Ontario Court of Appeal’s decision to reduce the…
Supreme Court Finds Control and Dependency Will Determine if an Employment Relationship Exists
On May 22, 2014, the Supreme Court of Canada issued a significant employment law decision in McCormick v. Fasken Martineau DuMoulin LLP. In this case, the Court found that an equity partner of a law firm was not an employee for the purposes of the British Columbia Human Rights Code. However, the Court also stated…