Case In Point

Ontario Superior Court Provides Guidance on Navigating Due Diligence Under OHSA

Ontario (Ministry of Labour, Immigration, Training and Skills Development) v. Greater Sudbury (City) is significant for employers navigating due diligence under OHSA. It affirms that due diligence is not a standard of perfection but a fact-driven inquiry measured against what was genuinely within the accused’s control.

Safe Sport

Ontario Court Allows Retroactive Application of UCCMS to Historic Misconduct

The Ontario Superior Court of Justice has upheld an arbitrator’s decision finding that the UCCMS may, in certain circumstances, be applied retroactively to historical allegations of misconduct. This decision is an important reminder that safe sport obligations may extend to conduct that occurred before the UCCMS came into force.

Case In Point

Employer Conduct, Frustrated Contracts, and the Limits of Benefit Deductibility

In Hedrick v. Johnston Meier Insurance Agencies Ltd., Justice Bennett of the Supreme Court of British Columbia addressed two issues that will be of interest to employers: when an employer may rely on frustration of contract, and when statutory benefit payments may be deducted from wrongful dismissal damages.

FTR Now

Arbitrator Strikes Down TTC’s Random Drug and Alcohol Testing Program

A significant decision concerning workplace drug and alcohol testing, has found that the Toronto Transit Commission’s (TTC) random drug and alcohol testing program was unreasonable, contrary to the collective agreement and inconsistent with employees’ rights under section 8 of the Canadian Charter of Rights and Freedoms (Charter).