Tag: Canada

Ontario releases new workers’ compensation policy to aid in claims involving pre-existing conditions

by Cathy Chandler Until recently, Ontario was the only jurisdiction in Canada without a specific policy dealing with the effect of pre-existing conditions on claims for workers’ compensation. That has now changed. On November 1, 2014, a new policy of the Ontario Workplace Safety and Insurance Board (WSIB), Pre-Existing Conditions, came into force. The goal […]

Rare costs award granted in human rights complaint

by Hannah Roskey Although courts routinely order one party to pay the other party a portion of its legal fees, administrative tribunals in Canada very rarely have the power or inclination to do so. That includes human rights tribunals across the country, which very rarely order one party to pay the other’s legal costs even […]

Insuring long-term disability insurance

by Richard E. Johnston In Canada, benefit plans are subject to legislation related to income tax, human rights, and employment standards. However, there is little specific regulation of benefit plans other than pension plans. A key exception is the provision of long-term disability benefits that are not funded under an insurance contract—at least for federally […]

Quebec employers can’t waive notice period provided by resigning employee without providing notice

by Mohamed Badreddine Most employers in Quebec know that under Quebec’s Act Respecting Labour Standards (ALS) and the Civil Code of Québec (CCQ), an employer who wishes to terminate an indefinite contract of employment without serious reason must provide notice or pay in lieu of notice. Employees who wish to resign must also give their […]

It’s not a settlement when the parties can’t agree on what they agreed to

By Christina Hall It is usually good news for employers and employees if they are able to resolve an employment dispute and reach a settlement before engaging in protracted litigation. However, finalizing the details of a settlement can be a tedious process. When the parties rush through the process or fail to properly consider the […]

Adverse-effect discrimination and probationary employees

by Kyla Stott-Jess In Canada, it is well-established that employers cannot simply terminate employees whose work performance is negatively impacted by disability. Rather, an employer must attempt to accommodate the employee to the point of undue hardship. But what happens when the employee fails to notify the employer of his disability? Further, what accommodation does […]

British Columbia court offers more lessons about employment contracts

by Monique Orieux Last year in Northern Exposure we shared five key lessons about Canadian employment contracts arising from the trial court’s decision in Miller v. Convergys CMG Canada Limited Partnership. The British Columbia Court of Appeal recently issued its decision in the case: Miller v. Convergys CMG Canada Limited Partnership, 2014 BCCA 311. Its […]

Employer obtains injunction to prevent misuse of its confidential information

by David McDonald When an employee announces that he or she is resigning in order to go work for a competitor, it is only natural for an employer to become anxious—particularly when the departing employee has access to the business’s confidential information. Complicating matters further is the technological ease with which an employee can wrongfully […]