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Court of Appeal Considers Scope of Right to Collectively Bargain

· 4 min read

In a decision released on November 17, 2008, the Ontario Court of Appeal considered the scope of the constitutional right of employees to collectively bargain. The Court found that, at a minimum, the right consists of: a statutory duty to bargain in good faith; statutory recognition of the principles of exclusivity and majoritarianism; and a…

Ontario and BC Privacy Commissioners Release Guidance on Violence Prevention at Universities and Colleges

· 3 min read

The Ontario and BC Privacy Commissioners have released a Practice Tool for Exercising Discretion in the context of violence prevention at universities, colleges and other educational institutions. A copy of the Practice Tool can be found here. The Practice Tool is an important part of the Commissioners’ attempts to educate institutions about their abilities to…

Cloud Computing, Second Life and the University

· 10 min read

This short university sector bulletin raises an important policy issue about setting rules that govern the choice faculty and staff have in using the internet to perform their jobs. We would like to raise and invite a policy discussion on the legal issues raised by “cloud computing” and the increasing business use of consumer-marketed internet…

The Hydro-Québec Decision: Restoring Balance to the Accommodation Analysis

· 10 min read

INTRODUCTION Following on the heels of its recent decisions in McGill University Health Centre and Honda Canada Inc. v. Keays, the Supreme Court of Canada has issued yet another helpful decision dealing with the employer’s duty to accommodate. In Hydro-Québec v. Syndicat des employé-e-s de techniques professionnelles et de bureau d’Hydro-Québec, section locale 2000 (SCFP-FTQ),…

No Surplus Distribution Required on Partial Termination of Federally-Regulated Pension Plans

· 12 min read

In its much anticipated decision in Cousins v. Canada (Attorney General) and Marine Atlantic Inc. (“Marine Atlantic”), the Federal Court of Appeal has concluded that the federal Pension Benefits Standards Act, 1985 (the “PBSA”) does not require a proportionate distribution of surplus on a partial termination of a defined benefit (DB) pension plan.  The Federal…

Protect Your Domain Name from Rogue Departing Employees

· 10 min read

We have recently helped a number of our clients retain and regain control of registered domain names that have either been threatened or taken by departing employees. We suggest you take steps to control against this risk. WHAT’S IN A NAME? A domain name may seem like a simple piece of intellectual property, but once…

Honda Canada Inc. v. Keays: The Supreme Court of Canada Strikes Down Landmark Damages Award

· 22 min read

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…

Termination of Municipal Officers: The New Rules

· 3 min read

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…