Resources
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Buyer Beware: The Labour Relations Board Deals With New Successorship Provisions in the BC Labour Relations Code
November 2019
Bill 30 introduced new contract retendering successorship provisions in section 35 of the Labour Relations Code (the “Code”). Our firm has commented previously that the new provisions will have a significant impact on certain contractors in BC.
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Jail Sentences for Worker Fatalities: Will They or Won’t They?
October 2019
Most employers are aware that the health and safety of their workers is one of the most important considerations on a worksite. Across Canada, warnings have been issued to employers and their directors that accountability for workplace accidents and especially fatalities is increasing. However, in the recent decision of Ontario (Labour) v. New Mex Canada Inc., 2019 ONCA 30, the Ontario Court of Appeal upheld a lower court‘s decision to overturn two jail sentences for directors following a workplace fatality.
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Ontario Court of Appeal Affirms Only Exceptional Circumstances Will Justify Notice Period in Excess of 24 Months
October 2019
In Dawe v. The Equitable Life Insurance Company of Canada, 2019 ONCA 512, the employee, Michael Dawe, sued the Defendant for wrongful dismissal after he was dismissed from employment without cause at the age of 62. He had worked for the company for 37 years and occupied the position of Senior Vice-President at the time of dismissal.
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Uncertain Changes and a Strained Relationship Do Not Amount to Constructive Dismissal
October 2019
Reza Baraty alleged he was constructively dismissed from his position with Wellons Canada Corp. (“Wellons”). He considered: (1) his position to have been eroded to the point where he was no longer a manager; and (2) the work environment to have become intolerable because of bullying and harassment by a co-worker.
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How Does Age Impact Reasonable Notice Period Assessment?
September 2019
With the demise of mandatory retirement many people are now working past age 65. What impact does age have on the assessment of the reasonable notice period? A recent decision of the Ontario Court of Appeal confirmed that “exceptional circumstances” must exist before more than 24 months is awarded, and that neither age nor a planned retirement date constitute exceptional circumstances.
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A Most Canadian Caper: The Tale of the Vaping Zamboni Driver
August 2019
The legalization of cannabis has and will continue to affect a great number of things in our country — from policing to residential leasing to the air quality. Notwithstanding this significant shift in public policy, the legalization of cannabis has not impaired the rights of employers in this country to insist that employees report for work unimpaired by the use of drugs. The legalization of cannabis has also brought about more stringent restrictions on driving after using cannabis. This would presumably also apply to operating a Zamboni.
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Ontario Court of Appeal Confirms Nude Selfies Are Not Offensive
August 2019
In Zigomanis v. 2156775 Ontario Inc. (D’Angelo Brands), 2018 ONCA 116, the Ontario Court of Appeal upheld a lower court decision that a professional hockey player’s nude selfies did not offend public morals and decency and there was thus no basis to terminate a promotional contract.
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Family Feud: Survey Says BC Test for Family Status Discrimination is Good Law
August 2019
In a decision issued August 8, 2019, Brian Suen v. Envirocon Environmental Services, ULC et al., 2019 CanLII 73206 (SCC), the Court dismissed the leave application of a human rights complainant who alleged he was subjected to prohibited employment discrimination on the basis of family status (familial obligations), and implicitly approved of the test for family status discrimination developed by the BC Court of Appeal in 2004 and recently reaffirmed in Envirocon Environmental Services, ULC v. Suen, 2019 BCCA 46.
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