Human Rights & Accommodation

The Ontario Superior Court recently pronounced that alleged acts of workplace sexual harassment, including alleged incidents occurring in the workplace, are not connected to employment but are separate matters: Watson v. The Governing Council of the Salvation Army of Canada. Further, the Court held that the employer’s release did not bar claims based on these allegations. Continue Reading Does Your Full and Final Release Cover #MeToo?

Following the Senate’s historic vote in favour of Bill C-45, the Cannabis Act, the Federal Government announced yesterday that recreational marijuana will become legal on October 17, 2018. In anticipation of Bill C-45 becoming law, the provinces have begun preparing a framework for regulating the production, distribution, sale, possession and consumption of cannabis. Ontario’s response is Bill 174. With legalization fast approaching, we outline below key aspects of Bill 174 and steps to help employers prepare for the new reality. Continue Reading Cannabis Becomes Legal on October 17, 2018 – Is Your Workplace Ready?

In Talos v. Grand Erie District School Board  (“Grand Erie “), the Human Rights Tribunal of Ontario (“HRTO”) held that statutory provisions permitting employers to reduce or discontinue employees’ benefits after they reach age 65 is discriminatory and contrary to the Canadian Charter of Rights and Freedoms (“Charter “). Consequently, employers should review their benefits plans, and consider whether it may be necessary to adjust or eliminate such age-based distinctions. Continue Reading HRTO Rules Legislation Permitting Different or No Benefits For Employees 65+ is Unconstitutional

To ring in the New Year, we highlight the ten most significant developments in Canadian labour and employment law in 2017: Continue Reading Top 10 Canadian Labour & Employment Law Developments of 2017

As stories of workplace harassment and discrimination permeate the news and social media accounts, the Supreme Court of Canada (“SCC”) has expanded the scope of provincial human rights legislation to impose liability on co-workers – even when those co-workers have different employers. Continue Reading Supreme Court of Canada Expands Workplace Discrimination Protection to Cover Non-Employees

The date set for the legalization of marijuana in Canada is now just over 7 months away. With legalization looming and the holiday season upon us, it is now more important than ever for employers to take proactive steps to respond to the changing legal and social landscape. Continue Reading Dazed & Confused: Navigating Marijuana in the Workplace

We have written over the past two years about a growing wave of significant lawsuits in Canada against corporations for alleged international labour and human rights violations in their overseas operations or supply chains. As we have reported, Canada’s judiciary is demonstrating a willingness to expand their jurisdictional reach to permit such claims to proceed. Canadian judges are keeping an open mind as to whether a novel duty of care exists between multinational companies and the upstream foreign supply chain workers or the local residents affected by their operations. Continue Reading Door Still Open? Canada As Safe Harbour For Multinational Human Rights Litigation

In the recent decision of Humber River Regional Hospital and Ontario Nurses Association (“ONA”) (Cherubino Grievance), an Ontario arbitrator dismissed the union’s grievance alleging harassment by a supervisor and found that neither management duties nor the employer’s internal investigation process should be held to a standard of perfection. Continue Reading Management Duties and Complaint Investigations: Perfection Not Required

The Ontario Court of Appeal recently left intact a lower court decision that supports employers in seeking an independent medical examination (“IME”) in certain circumstances. In Bottiglia v. Ottawa Catholic School Board, 2017 ONSC 2517, the Ontario Divisional Court held that an employee’s duty to accommodate may permit, or even require, the employer to ask for a second medical opinion where the employer has a reasonable and bona fide reason to question the adequacy and reliability of the information provided by its employee’s medical expert. Continue Reading Value of IME in Accommodation Process Underscored by Ontario Courts