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.
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. […]
Are You Compliant with Canada’s Fighting Against Forced Labour and Child Labour in Supply Chains Act?
/in Spring 2024 /by BirdRichardCanada’s Fighting Against Forced Labour and Child Labour in Supply Chains Act (the “Act”), formerly known as Bill S-211, is the country’s new legislation intended to combat modern slavery. Enacted in 2023, this Act addresses the presence of forced and child labour in global supply chains, requiring companies to report the measures they have taken […]
Ontario Court Of Appeal Ruled Bill 124 Unconstitutional – Ontario English Catholic Teachers’ Association v. Ontario (Attorney General)
/in Spring 2024 /by BirdRichardIn 2019, the Ontario legislature passed Bill 124, the Protecting a Sustainable Public Sector for Future Generations Act (“Bill 124”), which imposed a 1% cap per year on increases to salary rates and compensation for three years for employees in the broader public sector and was introduced by the Ontario government as a measure to […]
Electronic Monitoring of Employees
/in Spring 2024 /by BirdRichardIn today’s dynamic work landscape, businesses are continuously seeking innovative ways to optimize efficiency and productivity. Among the myriad of strategies, leveraging Artificial Intelligence (AI) has emerged as a powerful tool for tracking and monitoring employee performance. In 2022, the Ontario government amended the Ontario Employment Standards Act, 2000 (the “ESA”) to require employers that […]
The Importance of Comprehensive Employment Contracts and Workplace Policies – Boyer v. Callidus, 2024 ONSC 0020
/in Spring 2024 /by BirdRichardThe Ontario Superior Court of Justice’s decision in Boyer offers a cautionary tale to employers about the importance of drafting, documenting, and communicating workplace policies and employment contracts. Mr. Boyer worked for Callidus as a Vice President of underwriting and portfolio management from 2009 to 2016. Notably, Mr. Boyer’s employment agreement was oral. Around 2014, […]
TECHNOLOGY IN THE WORKPLACE
/in Uncategorized /by BirdRichardEmployer’s bad Faith Smear Campaign of Dismissed Employee Proves Costly
/in Winter 2024 /by BirdRichardKoshman v. Controlex Corporation, 2023 ONSC 7045 was a wrongful dismissal action which proceeded on a default basis. The Ontario Superior Court awarded a terminated employee over $570,000, including $100,000 in aggravated and punitive damages, after finding that the employer attempted to destroy the employee’s reputation. The plaintiff, Martin Koshman (“Koshman”), was employed with the […]