PRIVACY POLICY
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BIRD RICHARD
508-130 Albert St,
Ottawa, Ontario
K1P 5G4
T: 613-238-3772
F: 613-238-5955
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Before you send an e-mail to Bird Richard, please be aware that your communications with us through this message will not create a lawyer-client relationship with us. Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyers in that matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure.
Modifications to Temporary Employment Agencies’ Rate Setting
/in Fall 2024 /by BirdRichardThe WSIB recently completed a review of the rate setting system for Temporary Employment Agencies (TEAs), prompted by concerns from certain TEAs, particularly those supplying clerical labour. These concerns highlighted that the rate-setting approach initially planned for 2020 would lead to significant rate increases for some agencies. Accordingly, the WSIB has modified the TEAs’ rate […]
Federal Court Reaffirms the Importance of Procedural Fairness in Workplace Investigations
/in Fall 2024 /by BirdRichardIn Marentette v. Canada (Attorney General), 2024 FC 676, a Border Services Officer with the Canada Boarder Services Agency sought judicial review of an investigation report that found that the incidents which had occurred over a 25-year period rose to the level of workplace harassment, or violence. The employer did not initiate an investigation for […]
Employee Refusing to Vaccinate Frustrates Contract
/in Fall 2024 /by BirdRichardIn Croke v. VuPoint System Ltd., 2024 ONCA 354, the Ontario Court of Appeal examined whether the doctrine of frustration applied to an employment contract terminated due to an employee’s violation of a mandatory COVID-19 vaccination policy. The court upheld frustration of contract in this context. VuPoint had a service contract with Bell Canada, under […]
Duty to Investigate Human Rights Code Violations
/in Fall 2024 /by BirdRichardIn the recent decision Rougoor v. Goodlife Fitness Centres Inc., 2024 HRTO 31, the Tribunal clarified employer obligations in handling harassment complaints; particularly those brought by former employees after their employment has ended. The Tribunal concluded that employers are not legally required to investigate complaints filed after an employee’s termination. Additionally, the Tribunal examined the […]
Medical Evidence not Required for Mitigation, or Mental Distress Damages
/in Fall 2024 /by BirdRichardIn Krmpotic v. Thunder Bay Electronics Limited, 2024 ONCA 332, the Ontario Court of Appeal found that medical evidence is not required to establish an employee’s physical inability to mitigate damages. Further, the Court considered the criteria for awarding aggravated damages, and whether they can be granted when an employer acts in bad faith. The […]
Changes to Temporary Foreign Worker Program
/in Fall 2024, Uncategorized /by BirdRichardRecent changes to Canada’s Temporary Foreign Worker (TFW) Program have introduced several important measures affecting both employers and foreign workers, particularly in Ontario. These updates, which took effect on September 26, 2024, are part of a broader strategy to recalibrate the program and reduce reliance on temporary workers in favor of Canadian talent. Key Changes […]
School Boards Bound by Charter
/in Uncategorized /by BirdRichardThe Supreme Court of Canada (“SCC”) recently decided in York Region District School Board v. Elementary Teachers Federation of Ontario that the Canadian Charter of Rights and Freedoms (“Charter”) applies to Ontario public school boards. Specifically, the application of the s. 8 right to be free from unreasonable search and seizure in the workplace. The […]
Evidence Required to Prove Religious Discrimination
/in Uncategorized /by BirdRichardA string of recent decisions released by the Alberta Human Rights Tribunal (“the Tribunal”) confirmed the evidence required to support claims for discrimination under the Alberta Human Rights Act (“the Act”). More stringent, clearer standards will allow employers to navigate requests for accommodation with less fear of grievances or claims arising under the Act. Although […]
Anti Replacement Worker Legislation
/in Summer 2024 /by BirdRichardBill 5-58, An Act to Amend the Canada Labour Code and the Canada Industrial Relations Board Regulations (“the Bill”) was recently passed through the House of Commons and is awaiting Royal Assent. It proposes changes to the Canada Labour Code (“CLC”) that will further prohibit the use of temporary replacement workers in federally-regulated workplaces during […]
EI Denied for Breaching Vaccination Policy
/in Summer 2024 /by BirdRichardEven after most COVID restrictions have been lifted, a recent decision upheld the right of employers to mandate health standards in the workplace. In May 2024, Robin Francis v. Canada (AG) confirmed that workers who fail to comply with workplace vaccination policies are guilty of wilful misconduct, and thereby disqualified from receiving Employment Insurance. Dr. […]