If you thought you could get away with major discrepancies between your employees’ compensation, think again. Ontario has now proposed a “pay transparency” bill which, if passed, will require employers to track and report compensation gaps based on gender or other various diversity measures. If passed, the bill would include the following: Publicly advertised job...
A record breaking monetary award in the Ontario decision of Galea v. Wal-Mart Canada Corp. proves that employers need to follow their employment agreements with employees, or else they may find themselves paying a hefty price. Ms. Galea was hired by Wal-Mart Canada Corp. (the “Company” or “Wal-Mart”) in 2002 as District Manager-in-Training. In a...
A recent Ontario Court of Appeal decision confirms that a claim of vicarious liability against a company by a third party is not necessarily a one-way ticket to compensation. In Ivic v. Lakovic (2107 ONCA 446), a taxi driver was accused of sexually assaulting a passenger in his car. The alleged victim sued the taxi...
Third party litigation funding is becoming more commonly used in Canada, allowing claimants to pursue litigation when they otherwise may not be financially able to do so. In such circumstances, a litigation funder and the claimant will enter into an agreement under which the funder agrees to pay for all or for a portion of...
In the Berger v. Benson Group Inc. decision, the Ontario Superior Court of Justice highlighted to employers the importance of making appropriate inquiries and giving adequate consideration to available options to accommodate disabled employees. The employee worked as a shipper/receiver and counterperson at one of the employer’s auto parts stores for fifteen (15) years. In...
Late in 2017, the government of Alberta introduced Bill 30: An Act to Protect the Health and Well-being of Working Albertans (“Bill”) with the goal of modernizing health and safety legislation in the province and bringing it in line with other provinces across Canada. The Bill received Royal Assent on December 15, 2017 and is...
It appears that the federal government isn’t done with proposing changes to the Canada Labour Code (“Code”). On October 27, 2017, the Minister of Finance introduced Bill C-63, Budget Implementation Act, 2017, No. 2, which makes further, significant amendments to Part III of the Code (Standard Hours, Wages, Amendments, Vacations and Holidays). Unlike the amendments...
Just a few months ago in August we informed you that Royal Assent was granted to Bill C-44, the Budget Implementation Act, 2017, No. 1, making significant changes to the Canada Labour Code (“Code”). Now more changes are coming! Earlier this month, Bill C-65, An Act to amend the Canada Labour Code (harassment and violence),...
With December quickly approaching, company holiday parties are right around the corner. Here is a list of DO’S and DON’TS to help ensure that your company ends up on Santa’s ‘nice’ list this year! DO restrict alcohol consumption If you plan on serving alcohol at the Company holiday party, it is important to implement measures...
In June 2017, the Supreme Court of Canada released a decision in Teal Cedar Products Ltd. v. British Columbia, 2017 SCC 32, which acted to further strengthen the principle of finality to be applied with respect to commercial arbitration awards. Teal Cedar follows the Supreme Court’s 2014 decision in Sattva Capital Corp. v. Creston Moly...