In a recent decision, Corporation of the Township of Langley v. Canada Union of Public Employees, Local 403, the British Columbia Labour Relations Board set aside and ordered the reconsideration of an arbitration decision in which the Arbitrator had ruled that terminations of several employees on long-term disability (LTD) was discriminatory. Each of the terminated…
Publication Type: Blog Post
Ontario Court of Appeal Confirms Harassment by Town Resident Outside Scope of Workplace Harassment Policy
In a recent decision, Rainy River (Town) v. Olsen, the Ontario Court of Appeal upheld the decision of an application judge which refused to grant a declaration that a resident of the Town of Rainy River had violated the Town’s workplace harassment policy when he harassed and defamed the mayor, council members and staff. The…
Ontario’s New Child and Family Services Framework is Coming Soon
As we previously reported, the Ontario government introduced Bill 89, the Supporting Children, Youth and Families Act, 2016 (Bill 89), omnibus legislation repealing the current Child and Family Services Act, and enacting new legislation in its place. Bill 89 received Royal Assent on June 1, but is not yet in force. Certain amendments to the…
Court Orders Condo Resident to Cease and Desist her Uncivil Conduct Toward the Condo Corporation’s Staff
In a brief decision, York Condominium Corp No 163 v Robinson, the Ontario Superior Court of Justice recently ordered a resident/owner of a condominium unit (Resident) to cease and desist from “uncivil or illegal conduct” that violated the rules of the condominium corporation (Condo) and the Occupational Health and Safety Act (OHSA). The dispute in…
New PHIPA Regulation Sets Out Circumstances in Which Health Information Custodians Must Notify Privacy Commissioner
On June 29, 2017, the Ontario government filed O. Reg. 224/17 amending O. Reg. 329/04 (General) made under the Personal Health Information Protection Act, 2004 (Act). The Act was amended in 2016 by the Health Information Protection Act, 2016…
MOL Announces Safety Blitzes to Target Mining Employers
The Ministry of Labour has announced that from July 1 to August 31, 2017, mining inspectors, ergonomists and engineers will be conducting safety blitzes to ensure that mine employers are taking appropriate action regarding occupational disease hazards and protection of workers. The blitzes will: ensure employers are complying with occupational health and safety laws raise…
Appellate Court: Term “Probation” in Employment Contract Has A Clear Legal Meaning
The Ontario Court of Appeal recently confirmed that the term “probation” in an employment contract has a clear legal meaning. It upheld the termination of an employee during a six-month probationary period, who had been dismissed with payment of his applicable entitlements under the Employment Standards Act, 2000 (ESA). Common law has long recognized a…
Supreme Court of Canada Grants Worldwide Injunction Against Google
On June 28, 2017, a majority of the Supreme Court of Canada granted a worldwide interlocutory injunction against Google, requiring it to de-index websites of a distributor, Datalink. Datalink was using those websites to illegally sell intellectual property of another company and was also in breach of several court orders. The decision indicates that Canadian…
Court Disapproves of Employee’s Surreptitious Recordings of Meetings with Employer
In Hart v Parrish & Heimbecker, a trial judge recently upheld the dismissal of a 42-year old Merchandising Manager (Plaintiff) with 15 of years service, for a series of separate incidents that he had with peers and subordinates. The Plaintiff had engaged in inappropriate conduct which included repeatedly yelling at employees, displaying excessive anger and…
Federal Government Eliminates Secret Ballot Certification Votes for Federally Regulated Employees, Reverses Union Financial Disclosure Obligations
On June 19, 2017, Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act, received Royal Assent. As previously reported, Bill C-4 amends the Canada Labour Code to repeal reforms to the certification and decertification process brought…