INTRODUCTION It is difficult to recall an employment law case which has generated as much interest, or created as much debate, as the litigation between Kevin Keays and his former employer, Honda Canada Inc. The trial decision, which was released in 2005, created a shockwave within the employer community, with its blistering critique of Honda’s…
Publication Name: FTR Now
Amendments to the Colleges Collective Bargaining Act
The government introduced the proposed amendments to the CCBA yesterday afternoon. It is anticipated that it will go to committee in the summer and be passed sometime in the fall. PART TIME BARGAINING UNITS In addition to maintaining the existing full time bargaining units, The Act creates two new province wide bargaining units, one for…
Government to Review the ESA “Elect To Work” Exemption and the Use of Temporary Help Agencies
On May 21, 2008, the Ontario Ministry of Labour released a consultation paper entitled A Consultation Paper on Work through Temporary Help Agencies. The paper is seeking input on a number of issues specifically related to Temporary Help Agencies, including: barriers to permanent employment (whether through fees or contractual restrictions); fees charged to workers by…
Supreme Court Speaks on School Searches
On April 25th the Supreme Court of Canada issued a much anticipated decision concerning a sniffer dog search of a high school that led to drug related charges against a student. A 6-3 majority of the Court held that the police violated the student’s Charter right to be free from unreasonable search and seizure and…
Update on Family Day
Immediately following last year’s provincial election, the Ontario Government created a new public holiday under the Employment Standards Act, 2000 (the “ESA”) – Family Day, which falls on the third Monday of each February. Shortly after the introduction of the new holiday, employers turned their mind to the question of whether they would be required…
Termination of Municipal Officers: The New Rules
This Client Update follows up on our March 2008 Update regarding the Supreme Court of Canada’s landmark decision in Dunsmuir v. New Brunswick, 2008 SCC 9 (CanLII). As discussed in the previous Update, the Supreme Court significantly reformed the law relating to the termination of public office holders. The Court clearly signalled that where office…
Information & Privacy Post – Volume-3, Number-1
In this issue Canadian e-discovery enters next era FREEDOM OF INFORMATION – EXCEPTIONS – PRIVILEGE FREEDOM OF INFORMATION – EXCEPTIONS – UNJUSTIFIED INVASION OF PERSONAL PRIVACY FREEDOM OF INFORMATION – FREEDOM OF THE PRESS PRIVACY – ACCESS TO PERSONAL INFORMATION PRIVACY – APPLICATION, EXCLUSIONS AND MATTERS OF JURISDICTION PRIVACY – COLLECTION USE AND DISCLOSURE –…
Ontario Budget 2008
INTRODUCTION Amid growing economic uncertainty, the Honourable Dwight Duncan, Ontario’s Minister of Finance, tabled the 2008 Ontario Budget, “Growing a Stronger Ontario” before the Ontario Legislature on March 25, 2008. A possible U.S. recession, a Canadian dollar hovering near parity with the U.S. greenback, soaring energy and resource costs, and relentless competition from overseas have…
Scholarships for Adult Children – Not a Taxable Employee Benefit
INTRODUCTION In a trio of cases dated March 7, 2008, the Tax Court of Canada allowed three taxpayers’ appeals regarding the taxation of employer-paid amounts awarded to the taxpayers’ adult children in respect of post-secondary tuition. In Dimaria v. The Queen, Bartley v. The Queen, and Okonski v. The Queen, the Court rejected Canada Revenue…
Supreme Court of Canada Issues Landmark Judicial Review Decision
On March 7th, the Supreme Court of Canada issued a very significant administrative law decision, Dunsmuir v. New Brunswick, 2008 SCC 9 (CanLII), in which it has addressed the thorny issue of how to determine the standard of review in a judicial review application. The decision also significantly reforms the law relating to the dismissal…