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Employer Liability Issues Supreme Court of Canada

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Supreme Court of Canada Confirms “Owners” of Construction Projects Are “Employers” Under OHSA

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The Supreme Court of Canada’s (SCC) decision in R. v. Greater Sudbury (City), 2023 SCC 28 was equally divided (4-4).  In the absence of a majority SCC decision, the City's appeal was dismissed, and the decision of the Court...more

Blake, Cassels & Graydon LLP

Élargir la portée de la responsabilité : décision de la Cour suprême du Canada dans l’affaire R. c. Grand Sudbury (Ville)

La Cour suprême du Canada (la « CSC »), dans l’affaire R. c. Grand Sudbury (Ville), a déclaré que la Ville du Grand Sudbury (la « Ville ») peut, à titre d’« employeur » en vertu de la Loi sur la santé et la sécurité au...more

Blake, Cassels & Graydon LLP

Widening the Lens of Liability: The Supreme Court’s Decision in R. v. Greater Sudbury (City)

In R. v. Greater Sudbury (City), the Supreme Court of Canada (SCC) has ruled that the City of Greater Sudbury (City) can be held liable as an “employer” under Ontario’s Occupational Health and Safety Act (OHSA) for the death...more

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Littler Global Guide - Canada - Q4 2021

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British Columbia: Eligible Workers Entitled to Five Days of Paid Sick Leave Beginning January 1, 2022 - New Legislation Enacted - British Columbia announced that beginning January 1, 2022, workers covered by the...more

Bennett Jones LLP

Supreme Court Confirms Labour Arbitrators Have Exclusive Jurisdiction Over Human Rights Complaints in Unionized Workplaces

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The Supreme Court of Canada recently confirmed that, subject to express legislative intent to the contrary, where labour legislation provides for the final settlement of disputes arising from a collective agreement, the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ontario Superior Court of Justice Refuses to Apply Waksdale for Negotiated Employment Agreement

In Rahman v Cannon Design Architecture Inc., the Ontario Superior Court of Justice upheld termination provisions that appeared to be in violation of the minimum standards prescribed by the Employment Standards Act, 2000...more

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Supreme Court of Canada Expands Duty of Honest Performance in Contract

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The Supreme Court of Canada (SCC) recently issued a decision expanding the duty of honest performance, which applies to parties to all contracts, by holding that they cannot knowingly deceive one another about matters...more

Bennett Jones LLP

Ontario Employers Need to Review their Employment Agreements—the Waksdale Decision is Here to Stay

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On January 15, 2021, the Supreme Court of Canada denied an application for leave to appeal from the Ontario Court of Appeal's June 2020 decision in Waksdale v Swegon North America Inc., 2020 ONCA 391. As a result, many...more

Fisher Phillips

Employers Take Notice: An Employee’s Entitlement to Benefits Doesn’t Necessarily End at Resignation

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The Supreme Court of Canada recently awarded damages to a senior level executive in an amount equal to the bonus he would have earned had he continued working through to the end of his common law reasonable notice period. ...more

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Supreme Court of Canada to Decide the Extent of Employers’ Duty of Trust, Honesty and Good Faith in the Performance of Incentive...

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It is rare for an employment law case to come before the highest court in Canada. One of 2019’s most significant developments was the Supreme Court of Canada’s decision to consider an employee’s appeal of the Nova Scotia...more

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Highest Court in Canada Says Substance, not Form, will Determine Independent Contractor or Employee Status

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A recent Supreme Court of Canada (SCC) decision considered whether a franchisee who entered into a franchise agreement with a franchisor was an employee or an independent contractor. The fact-specific case, Modern Cleaning...more

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Ontario, Canada: Sexually Harassed Employee Wins the Battle but Loses the War When she is Awarded Damages But is Ordered to Pay...

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A recent decision of the Court of Appeal of Ontario, Colistro v. Tbaytel, 2019 ONCA 197, puts employers in Ontario on notice that if they re-hire an employee who has a history of victimizing a current employee by sexual...more

Blake, Cassels & Graydon LLP

Certain Provisions of Quebec’s Pay Equity Act Are Invalid, SCC Rules

On May 10, 2018, the Supreme Court of Canada (SCC) confirmed that certain sections of the Quebec Pay Equity Act (Act) regarding pay equity audits were invalid, inapplicable and unenforceable. The SCC agreed with the Quebec...more

Blake, Cassels & Graydon LLP

SCC Integrates Reasonable Accommodation Concept into Assessment of the Right to Return to Work

The Supreme Court of Canada (SCC) recently rendered judgment in Québec (Commission des normes, de l’équité, de la santé et de la sécurité du travail) v. Caron (Caron Judgment), integrating the concept of reasonable...more

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Termination Clause Enforced: Oudin and the Supreme Court of Canada

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In Canada, termination clauses in employment agreements are critical tools that allow an employer to avoid providing reasonable notice of termination under the common law.  Each year there are numerous court decisions on this...more

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Supreme Court of Canada Holds Private Federal Employers Must Have Just Cause to Dismiss Non-Managerial Employees

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Part III of the Canada Labour Code (the “Code”) contains unjust dismissal provisions that apply to private Canadian employers subject to federal jurisdiction. Where a complaint of unjust dismissal is filed by a dismissed...more

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Federally Regulated Employers Need Just Cause to Terminate Non-Union Employees

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In an important decision (Wilson v Atomic Energy of Canada Limited) for federally regulated employers, the Supreme Court of Canada held that the “unjust dismissal” provisions in the Canada Labour Code mean non-union employees...more

Bennett Jones LLP

Host Liability, 10th Edition

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This booklet is intended as a basic guide to host liability, which is the potential for personal and corporate liability for injuries sustained by employees, clients and other persons as a result of alcohol intoxication. This...more

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Do Federal Employees Have a ‘Right to a Job’? The Supreme Court to Decide

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The Supreme Court of Canada granted leave to appeal in Wilson v Atomic Energy of Canada Ltd. Federally regulated employers hoping that this important decision from the Federal Court of Appeal was the final word on the law of...more

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