In a recent decision, the British Columbia Supreme Court (“BC Court“) ruled that Canada Emergency Response Benefit (“CERB”) payments earned during the notice period would be deducted from wrongful dismissal damages. This decision stands in stark contrast to that recently issued in Ontario, where the Superior Court of Justice (“Ontario Court“)

Overtime class actions are in the headlines again. On February 22, 2019, a class action claim seeking damages of over $100 million was filed against Flight Centre, an Australia-based travel services provider with stores in Canada and internationally. The claim alleges that Flight Centre systematically failed to pay overtime to its retail sales employees, referred to as “travel consultants”, requiring them to consistently work more than their scheduled hours, and implemented policies that fail to comply with the overtime entitlements under employment standards legislation.
Continue Reading Back in Class: Overtime Pay Class Action Brought Against Global Travel Retailer

In recent years, Canadian courts have increasingly heard large civil claims against Canadian companies for alleged human rights violations in their foreign operations. As we have discussed previously, judges faced with these claims must determine whether the court’s jurisdictional reach extends to the company’s activities in its global supply chain, thus permitting foreign claimants to pursue their action in Canada.
Continue Reading Rana Plaza Class Action Blocked in Ontario & Nevsun Decision Challenged at Canada’s Highest Court

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

A lawsuit brought by several Guatemalans for alleged damages suffered during a 2013 protest at the Escobal silver mine in San Rafael Las Flores has cleared a final hurdle and will now proceed to trial in British Columbia.
Continue Reading BC Trial on Alleged Human Rights Violations by Canadian Mining Company in Guatemala Can Proceed

Franchisors who place strict controls on their franchisees may also have to answer for their franchisee’s human rights practices.

Product and service consistency is the backbone of coffee giant Tim Hortons’ successful business model. Tim Hortons, like many other successful franchisors, imposes a strict regime on its stores in order to ensure that all Canadians can get the same cup of coffee, in the same cup, regardless of where they order it. Control manifests itself through an extensive franchise agreement, detailed operations rules and regular audits of individual stores.


Continue Reading Is the price of a consistent cup of coffee shared human rights liability?