Firm Announcements

The Firm welcomes our new Associate, Marie-Michèle Pellerin-Auprix. Marie-Michèle recently completed her articles and has been called to the Bar.   We are proud to announce that our Partner, Annie G. Berthiaume, has been appointed as Vice-Chair to the Canadian Industrial Relations Board effective January 2015.

Words on Pregnancy and Parental Benefits from the Supreme Court

The case began in February 2011 when the British Columbia Teachers’ Federation filed a grievance against the Surrey School Board, which is represented at the bargaining table by British Columbia Public School Employers’ Association. In the collective agreement, the Surrey School Board benefits plan provides birth mothers, birth fathers and adoptive parents with 95% of […]

Non-Continuous Service and Reasonable Notice: Cautionary Tale for Employers

In Vist v. Best Theratronics Ltd., the Ontario Superior Court considered the impact of non-continuous service on the calculation of reasonable notice of termination in a non-unionized workplace. The Court held that when determining the appropriate amount of reasonable notice of termination, years of service earned prior to periods of service interruptions will be taken […]

Legislative Update: Leaves to Help Families Now in Force

In the Summer 2014 issue of EMPlawyers Update, we informed readers about Bill 21, the Employment Standards Amendment Act (Leaves to Help Families), 2013, which amends the Employment Standards Act, 2000 (ESA) to create family caregiver leave, critically ill child care leave and crime-related child death or disappearance leave.   Bill 21 came into force […]

Expert Advisory Panel on Occupational Health and Safety Releases 2013-2014 Report

The Expert Advisory Panel on Occupational Health and Safety was created in 2010, in order to conduct an extensive and comprehensive review of Ontario’s occupational health and safety (OHS) system and to recommend structural, operational and policy improvements to that system. Since its inception, the Expert Advisory Panel has released annual reports to the Ontario […]

Loose Lips Sink Ships – Repayment Obligation

The benefit of restrictive covenants, such as a non-disclosure provision in a settlement agreement, was recently underscored in the Ontario Superior Court decision of Wong v. Globe and Mail. To briefly recount the facts, Jan Wong had been employed by the Globe and Mail for 21 years prior to her termination.  She was on and […]

Quebec Employer Not Permitted to Waive Employee Notice of Resignation

The Supreme Court of Canada has ruled that an employer who receives notice of resignation from an employee cannot terminate the contract of employment before the notice period expires without providing notice of termination or pay in lieu thereof. In a prior edition of EMPLAWYERS’ UPDATE, we informed our readers of the Quebec Court of […]

Overtime Class Action Settlement Approved

In previous editions of EMPLawyers’ Update, we chronicled the developments of multi-million dollar class actions for withheld or underpaid overtime hours filed against various national banks. For the Bank of Nova Scotia, this saga may be nearing its end, as on August 12, 2014 Justice Belobaba of the Ontario Superior Court of Justice approved a […]

Mental Stress Legislation Deemed Unconstitutional

In a recent decision, the Workplace Safety and Insurance Appeals Tribunal determined that the Workplace Safety and Insurance Act, 1997 and Workplace Safety and Insurance Board (WSIB) policy eligibility requirement of “sudden traumatic onset” of mental stress is in violation of the Canadian Charter of Rights and Freedoms. This controversial ruling arose from an Appellant […]

Update on Cruden: Procedural Duty of Accommodation

The winter edition of EMPLAWYERS’ UPDATE informed our readers about the Federal Court decision that determined the Canadian Human Rights Act (the “Act”) does not impose procedural duties on employers in the course of fulfilling the duty of accommodation. On May 20, 2014, dismissing an appeal by the Canadian Human Rights Commission (“the Commission”), the […]