Two recent decisions of the Tax Court of Canada confirm that the intention of the parties is an important consideration in the determination of whether there is an employee-employer relationship, or an independent contractor relationship. In Prue v. Canada (Minister of National Revenue), Prue worked as a product demonstrator at grocery stores in the Vancouver […]
As part of the Government’s commitment to act on the recommendations made by the Expert Advisory Panel on Occupational Health and Safety that was led by Tony Dean, Bill 160, the Occupational Health and Safety Statute Law Amendment Act, 2011 was adopted. The Bill amends two statutes: the Occupational Health and Safety Act and the […]
After a trial judge granted an award of $1.6 million, in addition to pay in lieu of notice, the Alberta Court of Appeal quashed the damage award, and leave to appeal was denied by the Supreme Court of Canada. After five years as one of the top performers at the investment broker Merrill Lynch in […]
Christian Horizons is an organization created in 1965 that ministers to developmentally disabled persons in an Evangelical Christian Environment. However, it serves people regardless of their faith. Connie Heintz was employed by Christian Horizons as a support worker. As part of her employment contract, she was required to sign a “Lifestyle and Morality Statement” (“the […]
The Canadian government has been charged following a boiler explosion in Ottawa that occurred on October 19th, 2009. The explosion took place at the Cliff Central Heating and Cooling Plant near Parliament Hill, resulting in the death of an engineer, and seriously injuring others. Federal health and safety officers had recommended that several charges be […]
Teamsters Canada Rail Conference v. Canadian Pacific Railway Company, (June 23, 2010) Case No. 3900 (Picher). Following a number of serious railway collisions, the Canadian Pacific Railway (“CPR”) adopted a policy asking employees to provide copies of their personal cell phone records as part of an investigation regarding any significant accident that continued to be […]
Company officials in Ontario have been charged with criminal negligence as a result of a workplace fatality. Criminal charges were laid after the death of four employees in Toronto on Christmas Eve, 2009. The swing-stage where the employees had been working broke apart while the employees were restoring the exterior of an apartment building. The […]
In Coast Mountain Bus Company, the British Columbia Court of Appeal recently restored a British Columbia Human Rights Tribunal decision that found that certain aspects of Coast Mountain’s attendance management program (“AMP”) were discriminatory. This decision of the Court of Appeal overturned a 2009 decision of the British Columbia Supreme Court. Coast Mountain’s AMP program […]
Since the enactment of the Human Resources Professionals Association of Ontario Act, 1990, human resources professionals in Ontario have been a self-regulated profession, governed by the Human Resources Professionals Association (HRPA). Currently, the HRPA sets standards of practice and grants designations, including the Certified Human Resources Professional (CHRP) designation and the Senior Human Resources Professional […]
As part of the initiative to implement recommendations put forward by the Expert Advisory Panel on Occupational Health and Safety led by Tony Dean, the Ministry of Labour has proposed a new regulation under Ontario’s Occupational Health and Safety Act (“OHSA”, “the Act”). The regulation would assist workers who believe they have suffered a reprisal […]