Dentons

Aggravated damages awarded under OHSA for retaliatory firing

An employer has been ordered to pay aggravated damages – in addition to lost wages – after firing an employee in retaliation for raising safety issues. The employee worked at a hair salon. She suffered an injury at work as a…more
| Civil Procedure, Civil Remedies, Labor & Employment Law

Westerhoff and McCallum: More from the OCA on Expert Evidence

The Ontario Court of Appeal released its decision last week in Westerhof v. Gee Estate and McCallum v. Baker (2015 ONCA 206), which are the companion cases to Moore v. Getahun.  All three appeals were heard together…more
| Civil Procedure, Taxation

ECJ case on Safe Harbor

The ECJ heard arguments, this week, in the action against the Irish Data Protection Commissioner that Safe Harbor should be declared invalid.  The case was originally brought by Austrian law student, Max Schrems…more
| Civil Procedure, Privacy, Science, Computers, & Technology

Cyber Vulnerability in Wind Turbines

It has been reported that a wind turbine which is deployed across the energy sector worldwide has been hacked. Due to a software bug, an attacker can get the user name and password from the browser. This can allow admin rights…more
| Energy & Utilities, Privacy, Consumer Protection, Science, Computers, & Technology

OHSA does not protect against retaliation for merely sustaining injury: OLRB

The Occupational Health and Safety Act may protect employees against retaliation for asserting their rights under that Act, but not for merely sustaining an injury, the Ontario Labour Relations Board has decided…more
| Labor & Employment Law

Online Dating Site Hit with Anti-Spam Law Fine

On the heels of issuing its first Notice of Violation under Canada’s Anti-spam Legislation (CASL) earlier this month, the Canadian Radio-television and Telecommunications Commission (CRTC) announced today that Plentyoffish Media…more
| Administrative Law, Communications & Media Law, Consumer Protection

Lessons on Work-Related Fraud and Abuse

The Association of Certified Fraud Examiners recently released its 2014 Report to the Nations on Occupational Fraud and Abuse (the “Report”), which provides interesting statistics and insights for HR professionals hoping to…more
| Labor & Employment Law

Let’s Talk TV – CRTC Roadmap to “Maximize Viewer Choice”

The Canadian Radio-television and Telecommunications Commission (CRTC) has issued its fourth ”Let’s Talk TV” policy decision on the regulation of the Canadian television system.  Today’s decision is  A World of Choice – A…more
| Communications & Media Law

SCC Says Suspension with Pay can Amount to Constructive Dismissal

A non-unionized employee on an indefinite suspension with pay successfully claimed that he was constructively dismissed by his employer and was entitled to damages for wrongful dismissal. The case involved David Potter, an…more
| Commercial Law & Contracts, Labor & Employment Law

No punches thrown, but employee properly dismissed for yelling, swearing and abusive conduct

An employee need not physically assault a co-worker in order to be dismissed for workplace violence, an arbitrator’s decision shows. The employer had 8 “Golden Rules” of workplace health, safety and environmental…more
| Alternative Dispute Resolution (ADR), Labor & Employment Law

BC and Ontario Employers Take Note: Upcoming Minimum Wage Changes

Last fall the Ontario Employment Standards Act, 2000 was amended to index increases to the minimum wage to Ontario’s Consumer Price Index.  Putting that into effect, Ontario is raising the general minimum wage from $11 to $11.25…more
| Labor & Employment Law

“Flagrant disregard” of OHSA, failure to report, gets construction company convicted on 5 OHSA charges

A construction company that tried to blame a worker’s fall on his untied boots, has been found guilty of all 5 charges against it under Saskatchewan’s The Occupational Health and Safety Act. The 18-year-old worker, who had been…more
| Criminal Law, Labor & Employment Law

UK Announces investment in digital currencies

UK Chancellor, George Osborne, announced yesterday, a £10 million boost from government for digital currency such as Bitcoin.  This was part of the UK “Budget” speech.  It aims to put London and the UK at the centre of…more
| Finance & Banking, Privacy, Science, Computers, & Technology

OHSA charges were adequately particularized, court finds: disclosure showed violations Crown intended to prove

A judge has rejected an employer’s argument that Occupational Health and Safety Act charges against it were unclear and that the Crown was required to provide further “particulars” of the charges so the employer could defend…more
| Civil Procedure, Construction Law, Labor & Employment Law

“Who is a supervisor?” Ontario Ministry of Labour releases guideline

Employers often struggle with the question of who is a “supervisor” under the Ontario Occupational Health and Safety Act. The answer to that question is obviously important because supervisors have legal duties under the OHSA,…more
| Commercial Law & Contracts, Labor & Employment Law
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77 King Street West Suite 400, Toronto-Dominion Centre
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Contact: Samantha Francis

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