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...
Mr. Nemirovski, a 40 year old product manager at Socast Inc. (the “Company”), was terminated without cause after 19 months of service. It took Mr. Nemirovski more than nine (9) months to find alternative employment, which ultimately paid less than his previous job. The Company refused to provide a reference letter and the employment contract...
On October 26, 2017 the Supreme Court of Canada dismissed the application for leave to appeal of the Appellant from the decision of the Ontario Court of Appeal in Chapman v. GPM Investment Management and Integrated Asset Management Corporation. WVCD successfully acted for the Respondents in the appeal. The case concerned whether the Appellant had...
A private member has introduced a bill proposing the addition of four new protected grounds to the Ontario Human Rights Code (“Code”). As many of you know, the Code was established in 1962 and provides protection against discrimination in employment as well as in other spheres such as housing, contracts, goods, services and facilities. It...
As a follow-up to our June 2, 2017 alert regarding the proposed changes to the Ontario Employment Standards Act, 2000, (the “ESA”), employers should be aware that the Standing Committee on Finance and Economic Affairs (the “Committee”) adopted significant amendments to Bill 148, The Fair Workplaces, Better Jobs Act, 2017 (“Bill 148”), which are currently...