Publication Type: Article

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…

Supreme Court of Canada Weighs in on Plan Deficits and the Fiduciary Duty of Pension Plan Administrators in an Insolvency: Sun Indalex Finance, LLC v. United Steelworkers

· 15 min read

INTRODUCTION On February 1, 2013, the Supreme Court of Canada issued its highly anticipated decision in Sun Indalex Finance, LLC v. United Steelworkers, largely overturning the 2011 Ontario Court of Appeal decision. The Supreme Court upheld an expansive definition of the deemed trust under the Ontario Pension Benefits Act (“PBA”) and struck down a constructive…

Ministry of Labour to Target Health Care Workplaces for Safety Inspections

· 3 min read

The Ministry of Labour (“MOL”) has announced a safety blitz targeting health care workplaces in the months of February and March. MOL inspectors will conduct inspections to check on issues related to workplace violence and harassment. In this FTR Now, we review some steps you can take to ensure your workplace is compliant with its…

Supreme Court of Canada to Render Indalex Decision on February 1, 2013

· 2 min read

The Supreme Court of Canada has announced that it will render its decision in Sun Indalex Finance, LLC et al. v. United Steelworkers et al. (“Indalex“) on Friday, February 1, 2013. The appeal relates to a decision of the Court of Appeal for Ontario that granted “super-priority” to pension funding deficits in a Companies’ Creditors…

Preparing for Canada’s New Anti-Spam Legislation

· 12 min read

Canada’s new anti-spam legislation is coming soon. Commonly referred to as “CASL”, the new legislation will impose strict obligations that apply to a range of business emails and other electronic communications that you might not consider to be “spam”. All businesses, even those without formal email marketing programs, should assess their potential exposure to CASL…