On June 21, 2019, Bill C-81, the Accessible Canada Act (Act) passed as amended by the Senate and received Royal Assent. The provisions of this Act come into force on a day to fixed by order of the Governor in Council. As we previously reported, the Act is accessibility legislation which impacts certain federally regulated…
Practice Area: Human Rights
Gender Identity and Gender Expression
Gender identity and gender expression are protected grounds under Ontario’s Human Rights Code (Code). While the law in this area is highly dynamic, this Client Toolkit provides employers with guidelines and best practices for understanding its unique aspects, supporting trans people in the workplace, and ensuring compliance with the Code.
Employment and Labour Law Reporter Publishes an Article by Edward O’Dwyer on Contract of Employment Frustration and the Duty to Accommodate
Hicks Morley’s Edward O’Dwyer authored an article in the Employment and Labour Law Reporter titled “Appellate Court Upholds Termination for Frustration, Duty to Accommodate Not Triggered.” This article discusses the recent decision of the on Katz et al. v. Clarke, 2019 ONSC 2188, by the Ontario Divisional Court, where the Court set aside an order of a motion judge, granted the defendant’s summary judgment motion and dismissed the plaintiff’s action.
Andrew Zabrovsky Quoted in the Law Times on Labour Arbitrators Leading Cases on Opioid Addiction
Hicks Morley’s Andrew Zabrovsky was quoted by the Law Times in the May 30, 2019 article titled, “Labour Arbitrators Leading in Opioid Addiction Law.”
The Lawyer’s Daily Publishes an Article Authored by Amanda Lawrence-Patel on Law Around Service Animals
LexisNexis Canada’s The Lawyer’s Daily published an article authored by Hicks Morley’s Amanda Lawrence-Patel titled, “Law Around Service Animals.” “The recent increase in media reports regarding requests by individuals to access their service animals, or “therapy pets” or “compassion pets” in the course of their employment and in accessing services has caused various organizations to consider…
Federal Update: What Employers Need To Know
In this edition of the Federal Post, we discuss a case recently argued at the Supreme Court of Canada that will consider the scope of the “workplace” under the Canada Labour Code.
School’s (Almost) Out! Our Final School Board Update for the 2018-2019 School Year
As another academic year draws to a close and we are finally getting a glimpse of summer, we bring you our last School Board Update of the Spring term. In it, we discuss two arbitration awards
Appellate Court Upholds Termination for Frustration, Duty to Accommodate Not Triggered
In its recent decision Katz et al. v. Clarke, 2019 ONSC 2188, the Ontario Divisional Court set aside an order of a motion judge, granted the defendant’s summary judgment motion and dismissed the plaintiff’s action. The decision involves important principles relating to frustration of contract and the duty to accommodate a disabled employee. The Court…
Accommodating Medical Marijuana
Accommodating medicinal cannabis requires balancing an employee’s rights under the Human Rights Code with an employer’s obligations under the Occupational Health and Safety Act to take every precaution reasonable in the circumstances for the protection of workers. These obligations are especially pronounced in workplaces that include safety-sensitive positions.
Arbitrator Orders Production of Sensitive Medical Documentation Further to Accommodation Request
In Carleton University and Carleton University Academic Staff Association (March 29, 2019), Arbitrator Picher issued an interim award regarding the production of sensitive medical documents which were needed by the University employer to assess an accommodation request made by a faculty member (grievor). The request was to receive full pay with reduced teaching hours. The…