INTRODUCTION Following on the heels of its recent decisions in McGill University Health Centre and Honda Canada Inc. v. Keays, the Supreme Court of Canada has issued yet another helpful decision dealing with the employer’s duty to accommodate. In Hydro-Québec v. Syndicat des employé-e-s de techniques professionnelles et de bureau d’Hydro-Québec, section locale 2000 (SCFP-FTQ),…
Publication Type: Article
Supreme Court of Canada Says Privacy Commissioner Can’t Decide Privilege Claims
The Supreme Court of Canada issued its much-anticipated decision in Blood Tribe earlier this month. In a judgement written by Mr. Justice Binnie, it unanimously held that the Privacy Commissioner of Canada does not have the power to compel production of records over which an organization claims solicitor-client privilege. In doing so, the Court affirmed…
No Surplus Distribution Required on Partial Termination of Federally-Regulated Pension Plans
In its much anticipated decision in Cousins v. Canada (Attorney General) and Marine Atlantic Inc. (“Marine Atlantic”), the Federal Court of Appeal has concluded that the federal Pension Benefits Standards Act, 1985 (the “PBSA”) does not require a proportionate distribution of surplus on a partial termination of a defined benefit (DB) pension plan. The Federal…
Protect Your Domain Name from Rogue Departing Employees
We have recently helped a number of our clients retain and regain control of registered domain names that have either been threatened or taken by departing employees. We suggest you take steps to control against this risk. WHAT’S IN A NAME? A domain name may seem like a simple piece of intellectual property, but once…
Honda Canada Inc. v. Keays: The Supreme Court of Canada Strikes Down Landmark Damages Award
INTRODUCTION It is difficult to recall an employment law case which has generated as much interest, or created as much debate, as the litigation between Kevin Keays and his former employer, Honda Canada Inc. The trial decision, which was released in 2005, created a shockwave within the employer community, with its blistering critique of Honda’s…
Amendments to the Colleges Collective Bargaining Act
The government introduced the proposed amendments to the CCBA yesterday afternoon. It is anticipated that it will go to committee in the summer and be passed sometime in the fall. PART TIME BARGAINING UNITS In addition to maintaining the existing full time bargaining units, The Act creates two new province wide bargaining units, one for…
Government to Review the ESA “Elect To Work” Exemption and the Use of Temporary Help Agencies
On May 21, 2008, the Ontario Ministry of Labour released a consultation paper entitled A Consultation Paper on Work through Temporary Help Agencies. The paper is seeking input on a number of issues specifically related to Temporary Help Agencies, including: barriers to permanent employment (whether through fees or contractual restrictions); fees charged to workers by…
Supreme Court Speaks on School Searches
On April 25th the Supreme Court of Canada issued a much anticipated decision concerning a sniffer dog search of a high school that led to drug related charges against a student. A 6-3 majority of the Court held that the police violated the student’s Charter right to be free from unreasonable search and seizure and…
More Information on Family Status Accommodation
As many of you will know, we are currently presenting a series of client conferences across the province. One of the human rights issues we have been featuring in our conferences is the accommodation of family status. We have received some requests from attendees for case citations for some of the decisions referenced in our…
Tax-Free Savings Accounts: Potential Opportunities for Employer-Sponsored Retirement and Savings Plans
In the February 2008 Budget, the federal Minister of Finance announced a new initiative – tax free savings accounts (TFSAs). If the proposed legislation is passed, these new savings vehicles will be available to Canadian taxpayers starting in 2009. Key Features of a TFSA Canadian taxpayers will be allowed to contribute up to $5000 each…