PRIVACY POLICY
Bird Richard recognizes the importance of privacy and the sensitivity of personal information it collects about its employees and clients. READ MORE >>>
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.
Who is the Employer?
/in Summer 2011 /by BirdRichardSeveral recent decisions of courts and tribunals across Canada have answered the question “who is the employer?” In three recent decisions, a broad view was taken of the concepts of “employee” and “employment,” while a recent decision of the Alberta Court of Appeal moves in a different direction. Ontario Court of Appeal In Ontario (Ministry […]
Ontario Court of Appeal Clarifies Employee Privacy Rights at Work
/in Summer 2011 /by BirdRichardThe Ontario Court of Appeal recently released its judgment in R. v. Cole, in which it set out employee’s privacy rights with respect to personal information stored on a work computer. A school board had launched an investigation after noticing that there was a high level of activity between a teacher’s work computer, which had […]
Recent amendments to the PIPEDA: the Privacy Commissioner’s Discretionary Investigation Powers
/in Fall 2011 /by BirdRichardIn order to improve internal operational efficiencies at the Office of the Privacy Commissioner (OPC) and to better serve Canadians, the Personal Information Protection and Electronic Documents Act (PIPEDA, the “Act”) has been amended. Some amendments have already been enacted, while others are forthcoming. The amendments are, in large part, a result of the five-year […]
Accessibility for Ontarians with Disabilities Act Update
/in Fall 2011 /by BirdRichardEmergency procedure, plans or public safety information 13. (1) In addition to its obligations under section 12, if an obligated organization prepares emergency procedures, plans or public safety information and makes the information available to the public, the obligated organization shall provide the information in an accessible format or with appropriate communication supports, as soon […]
Employee or Independent Contractor: The Intention of the Parties Matters
/in Fall 2011 /by BirdRichardTwo recent decisions of the Tax Court of Canada confirm that the intention of the parties is an important consideration in the determination of whether there is an employee-employer relationship, or an independent contractor relationship. In Prue v. Canada (Minister of National Revenue), Prue worked as a product demonstrator at grocery stores in the Vancouver […]
Bill 160 receives Royal Assent
/in Fall 2011 /by BirdRichardAs part of the Government’s commitment to act on the recommendations made by the Expert Advisory Panel on Occupational Health and Safety that was led by Tony Dean, Bill 160, the Occupational Health and Safety Statute Law Amendment Act, 2011 was adopted. The Bill amends two statutes: the Occupational Health and Safety Act and the […]
Court of Appeal Quashes a $1.6 Million Wrongful Dismissal Award
/in Fall 2011 /by BirdRichardAfter a trial judge granted an award of $1.6 million, in addition to pay in lieu of notice, the Alberta Court of Appeal quashed the damage award, and leave to appeal was denied by the Supreme Court of Canada. After five years as one of the top performers at the investment broker Merrill Lynch in […]
Divisional Court Confirms Christian Employer can Benefit from Human Rights Code Exemption
/in Winter 2011 /by BirdRichardChristian Horizons is an organization created in 1965 that ministers to developmentally disabled persons in an Evangelical Christian Environment. However, it serves people regardless of their faith. Connie Heintz was employed by Christian Horizons as a support worker. As part of her employment contract, she was required to sign a “Lifestyle and Morality Statement” (“the […]
Government Charged Following Workplace Fatality
/in Winter 2011 /by BirdRichardThe Canadian government has been charged following a boiler explosion in Ottawa that occurred on October 19th, 2009. The explosion took place at the Cliff Central Heating and Cooling Plant near Parliament Hill, resulting in the death of an engineer, and seriously injuring others. Federal health and safety officers had recommended that several charges be […]
Arbitrator Justifies Employer Access to Employee’s Personal Cell Phone Records
/in Winter 2011 /by BirdRichardTeamsters Canada Rail Conference v. Canadian Pacific Railway Company, (June 23, 2010) Case No. 3900 (Picher). Following a number of serious railway collisions, the Canadian Pacific Railway (“CPR”) adopted a policy asking employees to provide copies of their personal cell phone records as part of an investigation regarding any significant accident that continued to be […]