Supreme Court of Canada Denies Leave to Appeal in Public Sector Wage Restraint Legislation Case

On October 27, 2022, the Supreme Court of Canada dismissed an application for leave to appeal Manitoba Federation of Labour et al v The Government of Manitoba. In that case, the Manitoba Court of Appeal (Court) upheld the constitutionality of the province’s public sector wage restraint legislation. The Court based its decision on the case…

Federal Government Launches Consultations to Improve the Collective Bargaining Process

On October 19, 2022, the federal government announced that it is seeking public feedback regarding its plan to improve the collective bargaining process. The government states that the consultation was launched in response to its commitment to introduce legislation by the end of 2023 to prohibit the use of replacement workers during a strike or…

Update on the Incoming Paid Medical Leave Under the Canada Labour Code

Federally regulated employers should be aware that amendments to the medical leave provisions of the Canada Labour Code are set to come into force on or before December 1, 2022. As set out below, we have clarified with Employment and Social Development Canada that these provisions will apply to all federally regulated employers, not just…

Human Rights Tribunal of Ontario Determines It Has Concurrent Jurisdiction with Labour Arbitrators to Decide Human Rights Claims

The Human Rights Tribunal of Ontario (Tribunal) has determined that it has concurrent jurisdiction to decide claims of discrimination and harassment falling within the scope of a collective agreement governed by the Labour Relations Act (LRA) and the Police Services Act (PSA). The decision addresses a significant question of law arising from the 2021 decision…

Nigel McKechnie

Nigel has a keen interest in trial advocacy. He has developed an expertise in the rules of evidence and litigation strategy, and in applying the Rules of Civil Procedure.