New Regulations Filed Under Labour Relations Act, 1995 – Arbitration Awards to be Made Publicly Available

On November 21, 2018, the Ontario government filed two regulations made under the Labour Relations Act, 1995 (LRA). The first regulation is made further to the repeal by Bill 47, Making Ontario Open for Business Act, 2018 of certain provisions of the LRA, previously enacted by Bill 148, Fair Workplaces, Better Jobs Act, 2017 (Bill…

Appellate Court Issues Favourable Decision for Suncor on its Random Drug and Alcohol Policy

The legal saga on the issue of random drug and alcohol testing of employees continues. In Suncor Energy Inc v Unifor Local 707A, the Alberta Court of Appeal sent the issue of whether Suncor’s random drug and alcohol testing policy violated the privacy rights of its unionized workers back to a new arbitration hearing before…

IMEs and the Scope of an Employer’s Communications with IME Examiners

The Ontario Court of Appeal has denied leave to appeal a judicial review of a Human Rights Tribunal of Ontario (Tribunal) decision that found an employer’s request for an Independent Medical Examination (IME) as part of the accommodation process reasonable in the circumstances. This case further provides helpful guidance with respect to the scope of…

Union Need Not be Involved in Every Accommodation Request, Appeal Court Rules (and the Supreme Court Agrees)

Earlier this year, the British Columbia Court of Appeal issued a helpful decision for employers dealing with accommodation issues in a unionized context. On September 7, 2017, the Supreme Court of Canada denied the union’s request for leave to appeal from the B.C. Court of Appeal decision. The B.C. Court of Appeal decision considered the…

2017 HRPA Annual Conference & Tradeshow

Topic New and Evolving Issues in Workplace Accommodation Workplace accommodation is one of the most challenging issues facing both employers and service providers. Legal developments emerging from human rights tribunals, arbitration boards and courts across Canada have imposed additional challenges, expanded obligations, and the need to think outside the box as employers and service providers…