In International Brotherhood of Electrical Workers, Local 1620 v. Lower Churchill Transmission Construction Employers’ Association Inc., the Supreme Court of Newfoundland and Labrador judicially reviewed an arbitration decision in which the key issues were measuring impairment from cannabis use and accommodation obligations. The Arbitrator found that there is currently no way to accurately measure such…
Practice Area: Litigation
Federal Government Tables 2019 Budget Bill
On April 8, 2019, the federal government introduced Bill C-97, Budget Implementation Act, 2019, No. 1, for first reading. Bill C-97 is omnibus legislation enacting certain measures outlined in the 2019 Federal Budget. Below are some of the key amendments of interest to employers, pension plan administrators and human resources professionals.
Ontario Budget 2019: Protecting What Matters Most – Key Human Resources Highlights
On April 11, 2019, the Ontario government tabled its 2019 Budget, Protecting What Matters Most (Budget), and introduced supporting implementation legislation, Bill 100, the Protecting What Matters Most Act (Budget Measures), 2019 (Bill 100).
The Budget outlines key initiatives around broader public sector compensation, reforms within the healthcare sector, registered pension plans, freedom of information, and more. In this FTR Now, we highlight the proposals that are of particular interest to employers, benefits plan administrators and human resources professionals.
Appellate Court Finds Preferential Treatment of WSIB Claimants in Workplace Not Discriminatory
The Ontario Divisional Court recently released Carter v. FCA Canada Inc and Human Rights Tribunal of Ontario, a decision which affirms that differential treatment between employees with work-related injuries and employees with non-work-related injuries is not discriminatory under the Ontario Human Rights Code (Code). The applicant, who had a non-work-related injury, sought to return to…
Ontario Court of Appeal Provides Guidance on Deterrence and Sentencing in OHSA Fatality Case
A recent decision from the Ontario Court of Appeal, Ontario (Labour) v. New Mex Canada Inc., confirms that it will only be in the rarest of cases where a jail sentence is seen to be appropriate in an occupational health and safety case, considering the weight the principle of deterrence should have on sentences given…
No Tort of Harassment in Ontario
In Merrifield v. Canada (Attorney General), the Ontario Court of Appeal found that a “tort of harassment” does not exist in Ontario. The plaintiff/respondent was hired as a Constable in the Royal Canadian Mounted Police (RCMP) in 2005. He was promoted to Corporal in 2009 and then to Sergeant in 2014. In June 2007, he…
Recent Developments of Note
On March 15, 2019, the Ministry of Education outlined several new initiatives in a plan entitled “Education that Works for You” which will have a significant impact on the school board sector. In this School Board Update, we summarize the key initiatives.
Appellate Court Overturns Summary Judgment Decision that Former Employee Owed $20m in Damages to Employer; Matter Remitted for Trial
The decision of a summary judgment motion judge who ordered a former employee to pay his former employer $20 million in damages has been overturned by the Court of Appeal. In Plate v. Atlas Copco Canada Inc., the Court held that the motion judge erred when he found a trial was not necessary and proceeded…
Appellate Court Reviews “Family Status” Test
The British Columbia Court of Appeal recently clarified the meaning and scope of the term “family status” in Envirocon Environmental Services, ULC v. Suen. This case confirmed the Campbell River test, which imposes a higher standard for establishing discrimination than the often-cited Federal Court of Appeal test in Johnstone, adding to the “family status” interpretation…
A Cautionary Tale: Appellate Court Upholds Judgment Against Employer for Punitive Damages, Aggravated Damages and “Unusually High” Costs
In Ruston v. Keddco MFG. (2011) Ltd., 2019 ONCA 125 (CanLII)(Keddco), a unanimous Court of Appeal for Ontario upheld a substantial damages and costs award against an employer that breached its “duty of good faith and fair dealing in the manner of dismissal.” The Keddco decision serves as an important reminder for employers across Canada…