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By Brian P. Smeenk Does Canadian law recognize a right to sue somebody for invasion of privacy? In a landmark ruling in Jones v. Tsige, Ontario’s highest court recently said essentially: Yes. In limited circumstances you can sue for “intrusion upon seclusion.” But you won’t have a big payday. This decision is a very significant […]
By Julia Kennedy and Sean McGurran Bullying isn’t just a problem on the playground anymore. Eventually the bullies grow up and get jobs. Now Canadian employers are seeing more laws dealing with harassment in the workplace. As an example in June 2010, Ontario’s Violence and Harassment in the Workplace law came into effect. It requires […]
By Alix Herber and Michelle Johnston The Ontario government is leading the Canadian provinces in its push for accessibility for people with disabilities, a ratio that is estimated to rise to one in five people in Canada by 2025. In accordance with a new regulation under the Accessibility for Ontarians with Disabilities Act (AODA), Ontario […]
By Rosalind Cooper Which party on a construction project is the “constructor”? While some provinces in Canada use this term, other provinces use slightly different terms, such as prime contractor. All are meant to refer to the party at the workplace that has overall responsibility for health and safety on the construction project. It’s generally […]
By Ian Campbell and Justine Connelly The evolution of privacy rights in the Canadian workplace continues. In recent months we have updated you on court and labor arbitration decisions that have commented on employee privacy rights. An individual employee tried to take her rights one step further when she sued another employee for invasion of […]
By Maria Giagilitsis Ontario’s highest court recently ruled that an employer’s right to buy back a senior executive’s shares was triggered on his termination date — not the end of the reasonable notice period. Paul R. Love had argued for the later date. His shares had substantially increased in value during the notice period. Love […]
By Maria Giagilitsis and Brian Smeenk In a decision released earlier this week, the highest court in Canada’s most populous province, Ontario, issued a surprising ruling on workplace privacy law. The case involved criminal charges against a teacher accused of possession of child pornography. The court said the employee has a reasonable expectation of privacy […]
by Hadiya J. Roderique Human rights claims are an increasingly common occurrence for Canadian employers. Employees or former employees can initiate these claims at little or no cost in most Canadian jurisdictions (the various provinces, territories, or the federal sphere). An employer must defend human rights claims to avoid an award of damages or other […]
By Rosalind Cooper For years employers across Canada have struggled with the difference between independent contractors and employees. Individuals believed to be independent contractors are often classified as employees after their relationship ends, leading to liability for employment-related severance and other amounts. The courts, human rights tribunals, and other administrative tribunals are constantly grappling with […]
By Maria Giagilitsis Along with the extraordinary benefits accompanying today’s rapidly advancing technology comes an increasing vulnerability for Canadian employers who strive to hire the “best of the best” information technology groups. On the one hand, “wizard like” computer skills are an invaluable asset — they can lead a company’s growth while sharpening its competitive […]