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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.
Sweeping Changes to the Canada Labour Code Harassment and Violence in the Workplace Regulations
/in Fall 2020 /by BirdRichardOn June 24, 2020, the Minister of Labour announced the new Workplace Harassment and Violence Prevention Regulations that will come into force on January 1, 2021. The regulations will amend the Canada Labour Code, and will replace Part XX of the Canada Occupational Health and Safety Regulations. The following are some highlights of the legislation: […]
New Canada Labour Code Changes to Internship Rules
/in Fall 2020 /by BirdRichardChanges to the Canada Labour Code, R.S.C., 1985 took effect on September 1, 2020 and will be passed through the Standards for Work-Integrated Learning Activities Regulations. These regulations have been passed in order to offer additional protections for interns and student interns working for federally regulated industries or workplaces. An intern does not have to […]
Employer Considerations for Employees Working from Home
/in Fall 2020 /by BirdRichardAs a result of COVID-19, employers are increasingly offering employees the opportunity to work from home. As many employers have recognized, at-home work is likely a necessity given the realities of COVID-19. Even after the pandemic has passed, it is likely that Canadian workplaces are forever changed as a result. As such, we have outlined […]
Superior Court says Layoff permissible based on Verbal Agreement, not Constructive Dismissal
/in Fall 2020 /by BirdRichardThere is a line of authority that says an employer cannot lay off an employee without a clear contractual right to do so (express or implied) and that in the absence of that contractual right, the imposition of a layoff (including a temporary layoff as permissible under the Ontario Employment Standards Act, 2000) constitutes constructive […]
Supreme Court of Canada allows Uber Driver Class Action for Minimum Wage
/in Summer 2020 /by BirdRichardOn June 26, 2020, the Supreme Court of Canada rendered a landmark decision which has opened up the door for an enormous class action lawsuit by Uber drivers for minimum wage. To become an Uber driver, individuals were required accept a standard services agreement which provided that they were independent contractors and that any dispute […]
COVID-19: A Summary of Legislated Changes Related to the Emergency
/in Summer 2020 /by BirdRichardCOVID-19 has resulted in a flurry of changes to legislation throughout Ontario and Canada. In order to stay on top of the changes, we have provided a summary of the changes to Ontario and the Federal legislation below: Ontario Ontario modified the Employment Standards Act, 2000 (“ESA”), by implementing the Emergency Leave: Declared Emergencies and […]
Ontario Court of Appeal Terminates another Termination Clause
/in Summer 2020 /by BirdRichardThe Ontario Court of Appeal has ruled that another termination clause in an employment contract is unenforceable. In Waksdale v. Swegon North America Inc., the Court was asked to determine the legal impact of an illegal termination for cause provision on an otherwise enforceable termination without cause provision. The Employer admitted that the “with cause” […]
Could the COVID-19 Pandemic Result in a Frustration of Contract?
/in Spring 2020 /by BirdRichardMany businesses have been forced to shut down due to Ontario’s Emergency Management and Civil Protection Act, which is an emergency declaration that has been extended until June 2, 2020. These are uncertain times and the fact is that the pandemic may have significant, lasting and permanent impacts on business. In particular, the impact of […]
Employer Ordered to Provide Personal Protective Equipment (PPE) to Employees
/in Spring 2020 /by BirdRichardIn the decision Ontario Nurses Association v. Eatonville/Henley Place, 2020 ONSC 2467 released on April 22, 2020, the Ontario Superior Court of Justice considered an urgent application by the Ontario Nurses Association (ONA) seeking injunctive relief on behalf of nurses working at various long term care (LTC) homes. ONA claimed that these facilities were engaged […]
Right to sue for Constructive Dismissal caused by Harassment taken away by Workplace Safety and Insurance Tribunal
/in Spring 2020 /by BirdRichardA key principle of the workers’ compensation regime in Ontario is that in exchange for insurance coverage in the event of an injury that arises at the workplace, injured workers are not entitled to sue his or her employer. In particular, section 26 of the Workplace Safety and Insurance Act, 1997 (WSIA) states that entitlement […]