In Guidance on wage or salary information on job postings (Guidance), the Government of British Columbia provides additional guidance on s. 2 of the province’s Pay Transparency Act (Act), which requires employers to...more
In Breen v Foremost Industries Ltd, 2023 ABKB 552, the Court of King’s Bench of Alberta dismissed the claim of a President and CEO that he had been wrongfully dismissed from his employment, finding that his employment had...more
10/24/2023
/ Breach of Duty ,
Canada ,
Duty of Care ,
Duty of Loyalty ,
Employee Misconduct ,
Employees ,
Employment Litigation ,
Fiduciary Duty ,
Hiring & Firing ,
International Labor Laws ,
Personal Liability ,
Punitive Damages ,
Wrongful Termination
In Café La Foret Ltd. v. Cho, 2023 BCCA 354, the British Columbia Court of Appeal (BCCA) upheld a lower court’s determination that an employee’s sexual harassment of his subordinate was not sufficiently serious to justify his...more
In Insurance Corporation of British Columbia v. Ari, 2023 BCCA 331, the British Columbia Court of Appeal (BCCA) confirmed that an employer may be found vicariously liable when its employee violates of s. 1 of the province’s...more
8/24/2023
/ Canada ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Breach ,
Data Management ,
Employees ,
Employment Litigation ,
International Labor Laws ,
Personal Information ,
Statutory Violations ,
Vicarious Liability ,
Willful Violations
In Khangura v Lumberwest Building Supplies Inc., 2023 BCSC 1053, the Supreme Court of British Columbia dismissed an employee’s claim that he was entitled to damages because he had been wrongfully dismissed without cause. The...more
Earlier this year, the Office of the Privacy Commissioner of Canada (OPC) revised its guideline, Privacy in the Workplace, which addresses employee rights and workplace obligations with respect to employee personal...more
8/17/2023
/ Canada ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Employee Monitoring ,
Employee Privacy Rights ,
Employee Rights ,
International Labor Laws ,
Personal Information ,
PIPEDA
On May 11, 2023, British Columbia, Canada’s Bill 13, Pay Transparency Act (Act), received Royal Assent. Section 2 of the Act, which addresses the employer’s obligations regarding publicly advertised job opportunities, comes...more
5/24/2023
/ Canada ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
International Labor Laws ,
Labor Reform ,
Legislative Agendas ,
Pay Transparency ,
Pending Legislation ,
Regulatory Agenda ,
Wage and Hour
In Pham v. Qualified Metal Fabricators Ltd., 2023 ONCA 255, the Ontario Court of Appeal (OCA) found that unless an employee’s employment contract provides otherwise via an express or implied term, an employer’s unilateral lay...more
In Chu v China Southern Airlines Company Limited, 2023 BCSC 21, the court held that an employer that attempted to manufacture just cause for the termination of a vulnerable employee breached its duty of good faith and fair...more
Section 32.07(1)(a) of Ontario’s Occupational Health and Safety Act (OHSA) provides that one of an employer’s duties relating to a workplace harassment complaint is to ensure an investigation occurs that is “appropriate in...more
The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC...more
In 2022, Canada saw significant statutory and case law developments in labour and employment law, some of which related to COVID-19. This Insight provides an overview of key 2022 developments, with links to more detailed...more
1/5/2023
/ Arbitration ,
Arbitration Awards ,
Canada ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Policies ,
Employment Standards Act ,
Gender Discrimination ,
Hiring & Firing ,
International Labor Laws ,
Labor Reform ,
Non-Compete Agreements
In Tar Heel Investments Inc. v. H.L. Staebler Co. Ltd., 2022 ONCA 842, a business alleged that its former employee sold two books of business to a subsequent employer. The Superior Court of Justice (SCJ) found that the...more
In Yates v. Langley Motor Sport Centre Ltd., 2022 BCCA 398, the Court of Appeal for British Columbia (BCCA) decided that Canada Emergency Response Benefit (CERB) payments should not be deducted from damage awards for wrongful...more
In Ontario English Catholic Teachers Assoc. v. His Majesty, 2022, ONSC 6658, Ontario’s Superior Court of Justice declared Bill 124, Protecting a Sustainable Public Sector for Future Generations Act (Act), to be void and of no...more
12/13/2022
/ Canada ,
Collective Bargaining ,
Constitutional Challenges ,
Employer Liability Issues ,
Employment Litigation ,
Freedom of Association ,
International Labor Laws ,
Labor Reform ,
New Regulations ,
Ontario ,
Wage and Hour
In McCharles v Jaco Line Contractors Ltd., 2022 AHRC 115, an employee alleged that her employer discriminated against her on the basis of gender contrary to the Alberta Human Rights Act (AHRA) when it terminated her...more
11/29/2022
/ Canada ,
Damages ,
Employer Liability Issues ,
Employment Litigation ,
Gender Discrimination ,
Hiring & Firing ,
Human Rights Act ,
International Labor Laws ,
Labor Law Violations ,
Retaliation ,
Sexual Harassment ,
Workplace Safety ,
Wrongful Termination
In Lake v. La Presse, 2022 ONCA 742, the only issue on appeal was whether the lower court erred in reducing the employee’s wrongful dismissal damages for failure to mitigate. The Ontario Court of Appeal (OCA) set aside the...more
On June 23, 2022, Canada’s Bill C-19, Budget Implementation Act, 2022, No. 1 received Royal Assent and amended Canada’s Competition Act. The Competition Act applies to all businesses operating in Canada, whether they are...more
11/2/2022
/ Canada ,
Competition ,
Competition Act ,
Criminal Conspiracy ,
Employee Mobility ,
Employees ,
Employment Contract ,
International Labor Laws ,
No-Poaching ,
Regulatory Reform ,
Wage and Hour ,
Wage-Fixing
As of October 14, 2022, Ontario made the following changes to its COVID-19 requirements for long term care (LTC) homes, as set out in its COVID-19 guidance document....more
11/1/2022
/ Assisted Living Facilities (ALFs) ,
Canada ,
Coronavirus/COVID-19 ,
Health and Safety ,
Health Care Providers ,
Healthcare ,
Infectious Diseases ,
International Labor Laws ,
Long Term Care Facilities ,
Medical Residents ,
New Guidance ,
Nursing Homes ,
Ontario ,
Workplace Safety
In Ferguson v. Yorkwest Plumbing Supply Inc., 2022 ONSC 4792, an employee who commenced a wrongful dismissal action via Ontario’s Simplified Procedure rules was granted an order striking the employer’s statement of defence...more
Deemed IDEL No Longer Available -
In May of 2020, Ontario filed O. Reg. 228/20, which provided that a non-unionized employee who did not perform their job duties during the “COVID-19 period” because their work hours were...more
8/10/2022
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Employment Standards Act ,
Hiring & Firing ,
Infectious Diseases ,
International Labor Laws ,
Layoffs ,
Ontario ,
Wage and Hour
In the spring, Bill 88, Working for Workers Act, 2022, received Royal Assent and became law. Among other things, Bill 88 amended Ontario’s Employment Standards Act, 2000 (ESA) to require certain employers to ensure, within a...more
On April 11, 2022, Bill 88, Working for Workers Act, 2022 received Royal Assent and became law. As previously discussed, in addition to enacting the new Digital Platform Workers’ Rights Act, 2022 (DPWRA), Bill 88 amends the...more
On February 24, 2022, Ontario announced that later this month, in an effort to protect the privacy of employees, it will be the first province to introduce legislation requiring employers to tell their workers if and how they...more
2/24/2022
/ Canada ,
Electronic Communications ,
Employee Monitoring ,
Employee Privacy Rights ,
Employee Rights ,
Employee Tracking ,
Employer Liability Issues ,
Employment Policies ,
International Labor Laws ,
Labor Reform ,
Notice Requirements ,
Ontario ,
Proposed Legislation ,
Regulatory Agenda
In Chartwell Housing REIT v. Healthcare, Office and Professional Employees Union, Local 2220, 2022CanLII 6832 (ON LA) (Chartwell), Arbitrator Gail Misra considered a provision in a mandatory COVID-19 vaccination policy that...more
2/24/2022
/ Arbitration ,
Canada ,
Collective Agreements ,
Coronavirus/COVID-19 ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Healthcare Workers ,
Hiring & Firing ,
Infectious Diseases ,
International Labor Laws ,
Long Term Care Facilities ,
Unions ,
Vaccinations ,
Workplace Safety