The holiday season is around the corner – and with it come festivities and celebrations. Whether these seasonal events are large or small, employee health and safety remains a key priority. In this FTR Now, we identify a number of proactive measures employers should consider in planning for a safe holiday celebration. Over the years,…
Publication Type: Article
Supreme Court of Canada Declares Privacy Legislation Invalid for Infringing Union’s Expressive Rights
Today, the Supreme Court of Canada rendered a significant decision in Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401. The unanimous Court held that the Alberta Personal Information Protection Act (“PIPA”) infringes a union’s right of expression under section 2(b) of the Canadian Charter of Rights and Freedoms (“Charter“). In…
Update on Ontario’s Retirement Reforms and Initiatives
On Thursday, November 7, 2013, Ontario’s minority government released its economic outlook and fiscal review, titled Creating Jobs and Growing the Economy (the “Economic Outlook”). The Economic Outlook updates and also expands upon legislative and other reform initiatives that had previously been announced. In this FTR Now, we review the key retirement-related updates and developments…
Supreme Court of Canada To Hear “Right to Strike” Case
In a case that will be eagerly anticipated by the labour relations community, the Supreme Court of Canada has granted leave to appeal from a decision of the Saskatchewan Court of Appeal which found that the “right to strike” is not constitutionally protected. Courts have been grappling with the extent of the constitutional protection for…
Court of Appeal for Ontario Considers Enforceability of Restrictive Covenants
The Court of Appeal for Ontario has affirmed that if restrictive covenants are to be enforceable, they must be properly drafted. In Eagle Professional Resources Inc. v. MacMullin, the Court upheld the finding of a motion judge that “non-competition” clauses in the employment contracts of employees who left the plaintiff’s employ and joined a competitor…
Ontario Government Proposes Central Bargaining for School Boards
The Ontario government has introduced legislation that would, if passed, provide for central bargaining for school boards – a significant departure from how collective bargaining has historically occurred in the sector. Bill 122, the School Boards Collective Bargaining Act, 2013, was introduced at First Reading on October 22, 2013, and will now undergo consideration by…
No Damages Awarded For Failure to Mitigate By Declining Job with Former Employer
In a recent decision of the Court of Appeal for Ontario, Chevalier v. Active Tire & Auto Centre Inc., the Court upheld a trial judge’s finding that an employee who refused an offer of re-employment with his former employer was not entitled to damages: there was no evidence that had he returned to that workplace,…
Court of Appeal Upholds Termination of Employee for Driving Company Vehicle While Intoxicated
In Dziecielski v. Lighting Dimensions, the Court of Appeal for Ontario recently upheld an employer’s decision to terminate a long-service employee with an otherwise clean disciplinary record for driving a company vehicle while intoxicated. While driving, the employee had been involved in a car accident and was criminally charged. The lower court had examined the…
Section 46.1 Code Damages Awarded by Court
The Ontario Superior Court of Justice recently awarded damages under section 46.1 of the Ontario Human Rights Code, a section added to the Code in 2008 to permit courts to award damages for violations of the Code. Wilson v. Solis Mexican Foods appears to be the first decision in which such damages have been ordered…
New Privacy Legislation in Manitoba
Organizations with operations in Manitoba need to be aware that the Manitoba Legislature has recently passed new privacy legislation that will apply to the private sector and, to a lesser degree, to the not-for-profit sector – The Personal Information Protection and Identity Theft Prevention Act (“PIPITPA” or the “Act”). PIPITPA will establish rules for the…