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On July 16, 2014, the Ontario Government introduced  Bill 18, Stronger Workplaces for a Stronger Economy Act, 2014.  The Bill proposes changes that would (among other things) remove existing limits on unpaid wage claims, make temporary help agencies and their clients jointly liable for unpaid wages, and impose automatic adjustments to minimum wage based on the Consumer Price Index. Continue Reading Six Changes to Ontario Employment Legislation Proposed

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On July 1, 2014, key components of Canada’s “anti-spam legislation” came into force, but the full impact is still uncertain, particularly with respect to labour relations communications.  Our colleague, William Watson, has posted an interesting article on this in his blog, The Legal Playing Field.  Click here to read.

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In Evans v Bank of Nova Scotia, an employee of the Bank of Nova Scotia (“Bank”), Richard Wilson, provided highly confidential information about the Bank’s customers to his girlfriend, who disseminated the information to third parties for fraudulent purposes.  On June 6, 2014, the Ontario Superior Court of Justice certified a class action brought on behalf of the affected customers, alleging that they were victims of identity theft and fraud as a result of the intrusion upon seclusion.

This is the province’s first-ever class action involving the new tort of “intrusion upon seclusion”, which allows individuals to advance a civil claim for damages against an intruder who intentionally invades their privacy, without legal justification, in a manner that is highly offensive to the reasonable person. Continue Reading “Intrusion Upon Seclusion” Class Action Certified in Ontario

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In Attorney General of Canada v Johnstone, 2014 FCA 110, the Federal Court of Appeal (“FCA”) established a new test for determining whether an employer has discriminated against an employee on the basis of “family status” under the Canadian Human Rights Act (“CHRA”).

Continue Reading Federal Court of Appeal: Your Kid’s Hockey Tournament is Not Protected Under the Canadian Human Rights Act

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As of July 1, 2014, employers operating in Ontario must ensure their occupational health and safety programs satisfy new worker and supervisor training requirements.

Continue Reading Ontario Imposes New Mandatory Occupational Health and Safety Awareness Training Requirements

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The Ontario Legislature has proposed changes (Bills 159 and 146) to the statutory obligations of both temporary help agencies (“Agencies”) and their clients (“Employers”).  These changes would increase protection for temporary employees, including an “agency cut maximum” and a cap on the percentage of temporary employees that can be used by an Employer.  In particular:

  • Agencies would be required to pay their temporary employees at least 80% of the amount they charge clients for services performed by a given temporary employee.
  • Employers would have to ensure that the total hours worked by temporary employees in a work week do not exceed 25% of the total hours worked by all employees.

Continue Reading Ontario Proposes Changes to Employment Standards for Temporary Help Agency Employees

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In Bernard v Canada (Attorney General), 2014 SCC 13, the Supreme Court of Canada confirmed that employee privacy rights do not override a union’s right to receive the information that it requires to fulfill its representational duties.  Accordingly, employers may be required to disclose information that will allow a certified union to contact members of its bargaining unit at home, and failure to do so may constitute an unfair labour practice.

Continue Reading Privacy in the Labour Relations Context: Union Entitled to Contact Employee at Home

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A team of Baker & McKenzie lawyers successfully argued for the summary dismissal of a human rights application to the Human Rights Tribunal of Ontario. The applicant in this case alleged discrimination on the basis of disability under s. 11 of the Ontario Human Rights Code (“Code”).

Continue Reading Successful Dismissal of a Human Rights Application in the Academic Context by Baker & McKenzie

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On November 11th, 2013, the Supreme Court of Canada (“SCC”) released an interesting decision favouring a union’s freedom of expression over an individual’s right to privacy in Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401, 2013 SCC 62.

Continue Reading Freedom of Expression on the Picket Line Trumps Privacy

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In R. v Metron, 2013 ONCA 541, Metron Construction Corporation (“Metron”) was found to have committed criminal negligence in failing to take reasonable steps to prevent bodily harm to its workers.  Metron is the first case decided under the criminal negligence provisions of the Criminal Code where the parties did not agree on the sentence.  At the trial level, Metron pleaded guilty and was sentenced to a fine of $200,000.

Continue Reading Court of Appeal Imposes Criminal Liability and Significant Fine for Workplace Accident