PRIVACY POLICY
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BIRD RICHARD
508-130 Albert St,
Ottawa, Ontario
K1P 5G4
T: 613-238-3772
F: 613-238-5955
DISCLAIMER
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.
Occupational Exposure Registry Introduced in Ontario and what this Means for Employers
/in Uncategorized /by BirdRichardThe Ministry of Labour, Immigration, Training and Skills Development (MLITSD) has recently launched the Occupation Exposure Registry (OER) in Ontario, which is a digital portal for employees to record and monitor their exposure to hazardous substances within the workplace. This introduction marks a meaningful shift into how health risks will be assessed and tracked in […]
Cannabis Impairment Must be Proven to Support Termination in the Workplace
/in Spring 2026 /by BirdRichardMost employers have a zero tolerance policy for the recreational use of cannabis in the workplace. However, in a recent Ontario labour arbitration decision, this ubiquitous and ostensibly straightforward response now has a unique caveat. Discipline, even up to termination, will only be upheld where the evidence supports impairment and not solely consumption. MSC Toronto […]
Arbitration Ruling Orders CN to Reinvest in Transcona Wheel Shop
/in Spring 2026 /by BirdRichardA recent arbitration award against Canadian National Railway sends a clear and slightly unsettling message for employers with a unionized workforce – the passage of time may not save an operational decision that contravenes the collective agreement. The dispute stemmed from pandemic era shutdowns in May 2020, whereby CN made the decision to shut down […]
The Cost of a “Joke” in the Workplace
/in Spring 2026 /by BirdRichardDerogatory and discriminatory comments in the workplace have long been present. However, with the development of increasingly employee-friendly workplace and human rights laws, employees who feel targeted by such conduct are more readily advancing formal complaints. In turn, employers are facing heightened expectations to respond promptly and effectively to inappropriate workplace comments and conduct. Many […]
Chilliwack Teachers’ Association v. Neufeld (No. 10), 2026 BCHRT 49
/in Spring 2026 /by BirdRichardThe decision in Chilliwack Teachers’ Association v. Neufeld (No. 10) offers a sharp reminder that workplace obligations do not end at the office door, especially for those in leadership positions. The case concerns an elected Chilliwack school trustee (the “Respondent”) who published social media posts that advanced negative stereotypes about LGBTQ+ people, especially trans people. […]
AI in the Workplace
/in Winter 2026 /by BirdRichardArtificial intelligence (AI) is rapidly transforming how workplaces operate in Ontario. AI tools are radically changing how employers make decisions regarding recruitment, performance management, and workplace investigations. It is vital that moving forward, Ontario employers understand both the legal and practical implications, and risks of AI in the workplace. Under common law, employers owe a […]
Employee Bound to Settlement Agreement
/in Winter 2026 /by BirdRichardIn Johnstone v. Loblaw, 2025 ONSC 4755, an Ontario court ruled that an employee’s acceptance of a severance package via email created a binding settlement, despite having attempted to renegotiate after his housing purchase fell through following termination. The employee, who had worked for the employer for seven years, had relocated from Winnipeg to Ottawa […]
Updated Employer Obligations for Mass Terminations
/in Winter 2026 /by BirdRichardOntario strengthened their employer obligations for mass terminations under the Employment Standards Act, 2000 (the “ESA”). In addition to existing requirements relating to mass terminations, employers must provide a new Employer Ontario Career Support information sheet to employees terminated as part of a mass termination. A mass termination is deemed to have occurred where an […]
New Leaves for Employees under the Canada Labour Code
/in Winter 2026 /by BirdRichardAs of December 12, 2025, the Canada Labour Code (the “Code”) radically expanded federally regulated employees’ leave rights, while placing additional administrative and compliance responsibilities on their employers. Federally regulated employees are now entitled to: New Pregnancy Loss Leave: an employee’s pregnancy, or the pregnancy of their spouse or common-law partner, does not result […]
New Ontario Job Posting Requirements in Force
/in Winter 2026 /by BirdRichardOn January 1, 2026, Ontario implemented sweeping new changes to public job posting requirements under the Ontario Employment Standards Act, 2000 (the “ESA”). Heralded by the Ministry of Labour as an initiative to promote transparency and fairness for job seekers, the impact on employers is an additional administrative burden in the hiring process. Employers with […]