1098 Results

Mandatory WSIB Coverage for Construction Industry to Commence January 1, 2013

As previously reported, effective January 1, 2013, amendments to the Workplace Safety and Insurance Act, 1997 outlined in Bill 119, the Workplace Safety and Insurance Amendment Act, 2008 will extend mandatory WSIB coverage to certain persons in the construction industry. These amendments will apply, with certain exceptions, to independent operators, sole proprietors, executive officers and…

Changes Made to the WSIB Appeals Process

On November 29, 2012, the Workplace Safety and Insurance Board (“WSIB”) issued a Consultation Report entitled “Modernization of the WSIB’s Appeals Program.” The Report is the result of a consultation process commenced in June 2012, when the WSIB released a Consultation Paper containing certain key proposed features to increase efficiencies within the WSIB appeals process…

Check your email recipient list before you press “send”

Employers must take care not to press the “send” button too soon as inadvertently copying an incorrect person on an email communication can have unintended results. In Fernandes v. Marketforce Communications, an employer emailed information to its lawyer setting out concerns regarding the continued employment of an employee. By mistake, that employee was copied on…

The CBA National Labour and Employment Law Section Newsletter Publishes Article by Julia Nanos

An article by Hicks Morley’s Julia Nanos was published in the November 2012 issue of The CBA National Labour and Employment Law Section Newsletter. In the article entitled, “‘Non-construction employer’ declaration provision of Ontario’s Labour Relations Act, 1995 does not infringe the Charter: ONCA”, Julia comments on a recent Ontario Court of Appeal decision concerning…

Ontario Court of Appeal Decision Rewrites the Pension Pre-Retirement Death Benefit Regime

On October 31, 2012, a majority of the Ontario Court of Appeal awarded the pre-retirement death benefit payable under an Ontario registered pension plan to a member’s designated beneficiaries rather than to his common law spouse. The majority’s decision in Carrigan v. Carrigan Estate (“Carrigan”) is a departure from the pension industry’s widely held interpretation…

2012 Fall Edition

FOCUS ON 40TH ANNIVERSARY A “client first” culture – 40 years of Hicks Morley excellence LEGAL DEVELOPMENTS Recent case imposes Criminal Code fines for workplace health and safety violations Healthy email use for corporations: Ten tips PROFILE Covering all the bases Download PDF

Supreme Court of Canada Grants Leave in Cyber-Picketing Case

The Supreme Court of Canada has granted leave to appeal in United Food and Commercial Workers, Local 401 v Alberta (Attorney General), a decision from the Alberta Court of Appeal which raised extremely broad questions about the constitutionality of Alberta’s commercial sector privacy statute in disposing of a dispute about the right of a union…

Arbitrator Uses Proportionality Approach in Determining Discipline of Multiple Employees

A recent arbitration decision provides useful insight for employers about the nuance that an arbitrator may apply to review a penalty decision and as well serves as a reminder that employers ought to be careful to consider all factors when imposing discipline, especially when there are multiple employees involved. In Bell Technical Solutions v. Communications,…

Supreme Court of Canada Discusses the Reasonable Expectation of Privacy in Workplace Computer

The Supreme Court of Canada has issued a significant decision regarding workplace privacy. In R. v. Cole, it unanimously held that employees have a diminished, but reasonable, expectation of privacy in personal information stored on an employer-issued computer. Employers may continue to access information stored on their work systems for their legitimate purposes, though they…

International Employment Lawyer Newsletter Publishes an Article by Michael Hines

An article by Hicks Morley’s Michael Hines was published in the September edition of International Employment Lawyer Newsletter. In the article entitled, “Canada – Freedom of Association under the Charter: Snake or Tree?“, Michael discusses recent contradictory judicial decisions concerning the “right to strike” asserted under section 2(d) of the Charter as interpreted by the…