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.
Reminder to Employers: Workplace Violence and Harassment Prevention
/in Spring 2010 /by BirdRichardBy June 15th, 2010, every employer in Ontario will be required to have established workplace violence and harassment prevention policies and programs, to have conducted detailed risk assessments, and to have trained its employees. Proactive measures to ensure compliance with Bill 168 should be undertaken as soon as possible. Employers can expect the Ministry of […]
Class Action for Unpaid Overtime Certified
/in Spring 2010 /by BirdRichardIn recent years, there have been repeated attempts by Canadian employees to launch class action claims for unpaid overtime against their employers. The Ontario Superior Court certified one of these class actions: a claim against the Bank of Nova Scotia on behalf of over 5,000 employees for approximately $300 million in unpaid overtime. The Court […]
Ontario Provides Additional Protections for Foreign Nationals Working as Live-in Caregivers
/in Spring 2010 /by BirdRichardBill 210, Employment Protection for Foreign Nationals Act (Live-in Caregivers and Others), which was enacted to provide additional protections for foreign nationals employed as live-in caregivers in Ontario, received Royal Assent on December 15th, 2009. It will come into force on a date which has yet to be proclaimed by the Lieutenant Governor. Once the […]
Ontario Court of Appeal Revisits the Employee vs. Independent Contractor Distinction
/in Spring 2010 /by BirdRichardIn McKee v. Reid’s Heritage Homes Ltd., the Ontario Court of Appeal confirmed that there is an intermediate category between the categories of employee and independent contractor, and altered the traditional analysis used to determine into which class an individual falls. Elizabeth McKee was a salesperson for Reid’s Heritage Homes. She received money from Reid’s […]
Workplace Safety System Review Panel Appointed
/in Summer 2010 /by BirdRichardThe Ontario Government has appointed an expert advisory panel to conduct a comprehensive review of the provincial occupational health and safety system. The panel consists of safety experts from labour groups, employers, and academic institutions, and will provide recommendations for operational, policy and structural improvements. In particular, the panel will examine workplace safety practices and […]
Arbitrator Orders Employer to Pay over $500,000 for Bad Faith Termination
/in Summer 2010 /by BirdRichardIn Greater Toronto Airports Authority v. Public Service Alliance of Canada, Local 0004, Arbitrator Owen Shime ordered the GTAA to pay over $500,000 in damages for its bad faith conduct in wrongfully terminating a unionized employee for suspected abuse of sick leave. The grievor had worked for the GTAA for over 23 years, and had […]
Federal Court of Appeal Rules on Pay Equity at Canada Post
/in Summer 2010 /by BirdRichardThe Federal Court of Appeal dismissed an appeal by the Public Service Alliance of Canada (PSAC) and upheld the Federal Court’s ruling that set aside the decision of the Canadian Human Rights Tribunal (CHRT) granting pay equity to the female employees. In 1983, PSAC had filed a complaint on behalf of the Clerical and Regulatory […]
Court of Appeal says Employers Cannot be Sued for Negligent Infliction of Mental Distress
/in Summer 2010 /by BirdRichardThe Ontario Court of Appeal has become the first appellate court in Canada to rule on whether there is a free-standing cause of action against employers for negligent infliction of mental harm in the workplace. The Court of Appeal overturned the Ontario Superior Court’s groundbreaking 2008 decision in Piresferreira v. Ayotte, and pronounced that the […]
Canada Ratifies International Convention on the Rights of Persons with Disabilities
/in Summer 2010 /by BirdRichardOn March 11, 2010 Canada ratified the United Nations’ International Convention on the Rights of Persons with Disabilities. The Convention is an international human rights instrument to protect the rights and dignity of persons with disabilities. Its chief goal is to ensure the full and effective participation and inclusion in society for people with disabilities. […]
Supreme Court to Decide Whether CHRT can Award Legal Costs
/in Summer 2010 /by BirdRichardIn Canada (Canadian Human Rights Commission) v. Attorney General of Canada, the Supreme Court of Canada granted the Commission leave to appeal from the decision of the Federal Court of Appeal, in which that court found that the Canadian Human Rights Tribunal (CHRT) did not have the jurisdiction to award legal costs. The complainant, Donna […]