Publication Name: FTR Now

No Charter-Protected Right to Strike Says Saskatchewan Court Of Appeal

· 9 min read

In a much-anticipated decision – Government of Saskatchewan v. Saskatchewan Federation of Labour, 2013 SKCA 43 – a five-member panel of the Saskatchewan Court of Appeal has found that the Canadian Charter of Rights and Freedoms (the “Charter“) does not guarantee a right to strike for unions and their members. Rather, the Court found that…

Important Changes to the WSIB’s Appeals Program – What You Need to Know and Do

· 4 min read

In February 2013, the Workplace Safety and Insurance Board (“WSIB”) implemented its Modernized Appeals Program. The WSIB plans to reduce its backlog of cases through significant changes to the appeal process. This new program only applies to claims and does not apply to financial or revenue issues. Some of the key changes under the Modernized…

Supreme Court Denies Leave in Carrigan

· 3 min read

The Supreme Court of Canada will not be providing further clarification regarding the administration of pre-retirement death benefits under section 48 of the Ontario Pension Benefits Act (“PBA”). Today, the Court denied leave to appeal in Quinn v. Carrigan. As first discussed in our FTR Now “Ontario Court of Appeal Decision Rewrites the Pension Pre-Retirement…

Federal Budget 2013

· 8 min read

On March 21, 2013, the Minister of Finance, the Honourable James M. Flaherty, tabled the 2013 Federal Budget “Jobs, Growth and Long Term Prosperity – Economic Action Plan 2013.” In this FTR Now we review those Budget items that are of most interest to employers, human resources professionals and pension plan administrators. These include: Amendments…

The Science of Data Breach Prevention and the Art of Breach Response

· 7 min read

Organizations should be paying close attention to data loss prevention and response in light of recent developments. Recent media frenzies over the loss of portable storage devices illustrate that individuals’ fears and perceptions can cause great pressure on organizations even when the risk of real harm to individuals is remote. In addition, the risk of…

Accommodating Childcare Needs: Understanding Your Obligations

· 9 min read

In a recent edition of FTR Now, we reported on two significant Federal Court decisions, Johnstone v. Canada and Seeley v. Canadian National Railway, which confirmed that employers have an obligation to accommodate their employees’ childcare needs. Since the date that FTR Now was published, these two decisions have continued to generate a considerable amount…

Court of Appeal for Ontario Clarifies Obligation to Report Injuries to Non-Workers

· 3 min read

The recent Blue Mountain Resorts decision of the Court of Appeal for Ontario has clarified the circumstances in which employers are required to report a critical injury or fatality suffered by a non-worker under the Occupational Health and Safety Act (“OHSA”). This FTR Now reviews the decision and its implications for employers. BACKGROUND On December…

Federal Court Affirms Employer’s Obligation to Accommodate Childcare Needs

· 6 min read

The Federal Court of Canada has upheld the finding of the Canadian Human Rights Tribunal (“Tribunal”) that “family status” under the Canadian Human Rights Act (“CHRA”) includes a parent’s obligations to care for a child, and that an employer is obligated to provide accommodation for an employee’s childcare needs. This decision is the latest in…

Important Direction on Restrictive Covenants from the Court of Appeal for Ontario

· 6 min read

Restrictive covenants in an employment context are intended to control an individual’s competition and conduct in relation to her employer’s business after the employment relationship ends. These covenants will only be upheld by the courts if they are reasonable as between the parties and reasonable in light of the broader public interest in discouraging restraints…