Resources

No More Tolerance for Covert Discrimination

Cybulsky v. Hamilton Health Sciences, [2021] O.H.R.T.D. No. 209 (Letheren) is a boundary-pushing case that shows a growing intolerance for sex or gender discrimination in the workplace, including covert sex or gender discrimination.

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Can I Quit and Start Competing: Dispute Born of Competing Fertility Clinics

Genesis Fertility Inc. v. Yuzpe 2021 BCCA 420 has it all: intrigue, betrayal and even a “shotgun.” In addition, it has some useful takeaways for employers who are navigating employee relations in times of significant organizational change.

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BC Human Rights Tribunal Confirms that the Duty to Accommodate Does Not Extend to Providing Employees with Unproductive Work

In Kelly v. Saputo Dairy Products Canada, 2021 BCHRT 128, the BC Human Rights Tribunal dismissed a complaint made by a former employee claiming that his employer failed to take adequate steps to accommodate his disability.

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Arbitrators Consider Vaccination Policies

In the past few weeks, arbitrators have begun to issue decisions considering the reasonableness of COVID-19 vaccination policies in unionized workplaces. The following three decisions out of Ontario provide some key takeaways for employers.

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Arbitrators Consider Vaccination Policies

In the past few weeks, arbitrators have begun to issue decisions considering the reasonableness of COVID-19 vaccination policies in unionized workplaces. The following three decisions out of Ontario provide some key takeaways for employers.

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British Columbia Passes Bill 22 – Freedom of Information and Protection of Privacy Amendment Act, 2021

On October 19, 2021, we wrote about the proposed changes to B.C.’s Freedom of Information and Protection of Privacy Act contemplated in Bill 22 – 2021.

Bill 22 – 2021 passed on November 25, 2021, enacting a number of significant changes to the privacy legislation governing public bodies. The Bill remained largely unchanged from earlier versions.

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Challenges With Removing a Matter From Fast Track Litigation

A matter may qualify for fast track litigation under Rule 15-1 of the B.C. Supreme Court Civil Rules if the plaintiff is seeking to recover less than $100,000 or the case can be tried within three days. Fast track litigation limits the recovery of legal costs to $11,000, unless the court orders otherwise.

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ESA: Five Days Paid Personal Illness or Injury (Sick) Leave, as of January 1, 2022

On May 28, 2021 we issued an update regarding Bill 13 Employment Standards Amendment Act (No. 2), 2021 (“Bill 13”), which amended the British Columbia Employment Standards Act (the “ESA”).  Bill 13 added temporary paid COVID leave (ending December 31, 2021) and added paid leave for personal illness or injury commencing January 1, 2022 (“Paid Sick Leave”), with the amount of days to be determined.

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Employer Restructuring and Transitions: An Important Contextual Factor in Constructive Dismissals

In Costello v. ITB Marine Group Ltd., 2021 BCCA 154, the BC Court of Appeal upheld a trial judge’s finding that the plaintiff had not been constructively dismissed from her employment when some of her employment duties were changed as a result of her employer’s restructuring.

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Gender Identity + Expression

On October 28, my colleague Alissa Demerse and I presented on a very important topic in today’s climate: Gender Identity and Expression. In this webinar, we provided an overview of the topic, reviewed a number of key cases and outlined “do’s and do not’s” for employers. Here is a summary.

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