Tag: Fasken Martineau

Fasken Martineau adds to its leading Labor, Employment, Human Rights, Pensions and Benefits Client Service Team

by Brian Smeenk Regular readers of Northern Exposure are well aware of the breadth, depth, and strength of Fasken Martineau’s Labor, Employment, and Human Rights Group. Well, our Group just got even broader, deeper, and stronger. And thus even better in our ability to serve any client’s needs, no matter the complexity, urgency, or scope. […]

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Employee Benefits in Canada Versus United States

"In Canada, the government provides minimum protection to Canadians that find themselves in certain circumstances, such as when they're ill, unemployed, on maternity leave or parental leave, or even retired. However . . . government plans are often insufficient and therefore they will be supplemented by private plans that are offered by employers." Emilie Paquin-Holmested […]

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Hiring Decisions and Older Workers — Avoiding Liability

By Alix Herber and Hadiya Roderique Across Canada, human rights legislation prohibits employment discrimination on the basis of age. This applies to all aspects of the employment relationship — job advertisements, application forms, job interviews, hiring decisions, denial of promotional opportunities, and termination decisions. Data from the Ontario Human Rights Commission for 2007-2008 and 2008-2009 […]

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Accommodation of Family Status on Same Footing as Other Human Rights

by Ralph Nero and Ida Martin Do parents of young children have the right to refuse a geographic transfer? In the case of three employees at the Canadian National Railway (CNR), the Canadian Human Rights Tribunal (CHRT) has recently answered “yes.” Last month, the CHRT released three decisions dealing with three CNR employees, Cindy Richards, […]

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Canada’s Rocky Economy Leads to Legal Refinements in Employment Benefit Law

By Bill Duvall As the prognosis for Canada’s economy remains uncertain, the Canadian court system continues to churn out employment cases arising from distressed employers. On this front, two recent cases are of interest. In the first, an Ontario court concludes that employees may not be entitled to statutory severance pay when they are provided […]

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Keays vs. Honda One Year Later: Have Canadian Courts Changed Their Approach to Punitive and Bad Faith Damages?

It has been just over a year since the Supreme Court of Canada (SCC) issued its decision in Keays v. Honda Canada Inc. (Read our analysis of the court’s decision in that case). That decision mandated a change in Canadian courts’ approach to awarding damages in employment cases. Damages for bad faith conduct by the […]

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