Changes to Canadian Immigration Benefit Employers

The federal government has recently made several significant changes to Canadian immigration policies that will result in benefits to employers. In respect of temporary workers, changes have been made to allow certain workers to receive a North American Free Trade Agreement (NAFTA) work permit for a duration of three years, instead of one year. American […]

Employee Who Changed Positions Not Bound by Original Contract When Terminated

In Ling v. Unity Builders, the Alberta Court of Queen’s Bench held that, when there has been a significant change to the nature of a person’s employment, a contract entered into before the change will cease to govern, and the termination of the employee will accordingly be governed by common law principles. Ling entered into […]

Workers’ Compensation Coverage to be Mandatory in Construction Industry

On November 27, 2008, Bill 119, the Workplace Safety and Insurance Amendment Act, 2008, received Royal Assent. The Act makes workers’ compensation coverage mandatory for independent operators, sole proprietors, partners and executive officers of corporations working in the construction industry. Members of the construction industry will be required to register with the Workplace Safety and […]

Employment Standards Update: Increased Protection for Temporary Workers

One recent amendment and one proposed amendment to the Employment Standards Act, 2000 (ESA) will have a significant impact on employers who employ elect to work and temporary help employees. As of January 2, 2009, employees who work under arrangements whereby they may choose whether or not to work when requested are entitled to holiday […]

Organ Donor Leave Introduced

The Ontario Government introduced Bill 154, An Act to amend the Employment Standards Act, 2000 in respect of organ donor leave, which will, if passed, provide up to 13 weeks of unpaid job-protected leave for employees who undergo surgery in order to donate certain organs to other persons. Donations of the kidney, lung, liver, pancreas […]

Supreme Court Affirms Traditional Approach to Restrictive Covenants

On January 23, 2009, the Supreme Court of Canada released its decision in Shafron v. KRG Insurance Brokers (Western) Inc. The decision confirms the traditional approach of the court to determining whether a restrictive covenant will be enforceable by an employer against an employee. Mr. Shafron entered into a series of employment agreements with KRG, […]