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 Safavi-Naini v. Rubin Thomlinson LLP, 2023 ONCA 86, the Court of Appeal for Ontario (OCA) upheld the dismissal of a defamation action under s. 137.1 of Ontario’s Courts of Justice Act (CJA). The decision provides guidance...more
4/10/2023
/ Anti-SLAPP ,
Canada ,
Defamation ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
International Labor Laws ,
Ontario ,
Press Releases ,
Public Interest ,
Sexual Harassment ,
Workplace Investigations
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
Employee filed action against company vice president for sexual harassment and sexual assault, and against company for vicarious liability for the sexual harassment.
Court confirmed that sexual harassment is not an...more
10/27/2022
/ Canada ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Human Rights Code ,
International Labor Laws ,
Ontario ,
Sexual Assault ,
Sexual Harassment ,
Tort ,
Vicarious Liability ,
Workplace Safety
In A.B. v. C.D., 2022 HRTO 890, the Human Rights Tribunal of Ontario (HRTO) found that the applicant was a victim of discrimination on the basis of sex and that her work environment was poisoned by repeated acts of...more
8/9/2022
/ Canada ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hostile Environment ,
Human Rights Code ,
International Labor Laws ,
Ontario ,
Ontario Human Rights Tribunal ,
Sex Discrimination ,
Sexual Harassment
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
2/7/2022
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Employment Policies ,
Human Rights ,
Infectious Diseases ,
International Labor Laws ,
New Legislation ,
Sexual Harassment ,
Sick Leave ,
Supreme Court of Canada
In Hucsko v. A.O. Smith Enterprises Limited, 2021 ONCA 728 (A.O. Smith), a long-term senior employee’s co-worker alleged that the employee sexually harassed her. After a workplace investigation that determined the co-worker’s...more
11/22/2021
/ #MeToo ,
Canada ,
Damages ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Hostile Environment ,
International Labor Laws ,
Ontario ,
Sexual Harassment ,
Termination for Cause ,
Wrongful Termination
In De Facendis v. Toronto Parking Authority, the Ontario Superior Court of Justice held that when a claim for workplace sexual harassment and workplace sexual assault “arises under the collective agreement,” a labour...more
On January 1, 2021, Bill C-65, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1 (Bill C-65) and the Work...more
In NK v. Botuik, 2020 HRTO 345, the Human Rights Tribunal of Ontario (HRTO) made a $170,000 damage award to a vulnerable employee who, after being sexually harassed by her direct supervisor, engaged in unwelcome sexual...more
10/27/2020
/ Adverse Employment Action ,
Canada ,
Corporate Counsel ,
Damages ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Ontario ,
Ontario Human Rights Tribunal ,
Sexual Assault ,
Sexual Harassment ,
Workplace Romances
Employers with employees in Ontario often ask about legislative requirements under various employment statutes, including mandatory policies, training and postings under the Employment Standards Act, 2000, the Workplace...more
In an anonymized decision, The Employee v. The University and another (No. 2), 2020 BCHRT 12, the British Columbia Human Rights Tribunal (BCHRT) decided that a comment a faculty member made to a university employee during a...more
Posting: Employment Standards Act, 2000 -
The poster is prepared by the Minister of Labour to help ensure employers understand their minimum obligations and employees know their rights.
Employers must:
• provide each...more
8/13/2020
/ Canada ,
International Labor Laws ,
Labor Regulations ,
OHSA ,
Ontario ,
Policies and Procedures ,
Posting Requirements ,
Regulatory Requirements ,
Sexual Harassment ,
Training Requirements ,
Workplace Safety ,
Workplace Violence
On June 24, 2020, the federal government published Work Place Harassment and Violence Regulations (Regulations), which set out the requirements that federally-regulated employers will be required to meet in order to satisfy...more
Canada saw significant developments in labour and employment law in 2019. As we embark on a new decade, we will undoubtedly see the landscape in this ever-changing area of law continue to evolve....more
1/9/2020
/ Amended Legislation ,
Appeals ,
Canada ,
Employee Misconduct ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Hiring & Firing ,
International Labor Laws ,
Labor Regulations ,
Labor Relations ,
Labour Code ,
Legislative Agendas ,
Medical Marijuana ,
Sexual Harassment ,
Substance Abuse ,
Tort ,
Undue Hardship
In Canada, employers that host holiday parties for their employees could expose themselves to significant common law liability for the actions of an employee or guest who is under the influence of alcohol or cannabis....more
12/3/2019
/ Best Management Practices ,
Canada ,
Cannabis Products ,
Drunk Driving ,
Employee Misconduct ,
Employer Liability Issues ,
Employment Policies ,
Harassment ,
Holiday Parties ,
Holidays ,
Human Rights ,
Marijuana ,
OHSA ,
Recreational Use ,
Risk Management ,
Sexual Harassment ,
Wine & Alcohol
Two years after the #MeToo Movement made the prevalence of sexual harassment and sexual assault in the workplace known worldwide, the Alberta Court of Appeal in Calgary (City) v. Canadian Union of Public Employees Local 37,...more
11/11/2019
/ #MeToo ,
Administrative Law Judge (ALJ) ,
Arbitration ,
Canada ,
Disciplinary Proceedings ,
Dispute Resolution ,
Employee Misconduct ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Hostile Environment ,
Judicial Review ,
Labor Regulations ,
Sexual Assault ,
Sexual Harassment ,
Termination
Ontario: Amendments to Employment Standards Act and Labour Relations Act -
New Legislation Enacted -
Bill 66, Restoring Ontario’s Competitiveness Act, 2018, received Royal Assent on April 3, 2019, and amended the...more
7/23/2019
/ Canada ,
Domestic Violence ,
Employment Standards Act ,
Hiring & Firing ,
International Labor Laws ,
Labor Regulations ,
Labor Relations ,
Ontario Securities Commission (OSC) ,
Pay Equity Laws ,
Pay Gap ,
Sexual Harassment
Employers with employees in Ontario often ask about legislative requirements under various employment statutes, including mandatory policies, training and postings under the Employment Standards Act, 2000, the Workplace...more
6/25/2019
/ Accessibility Rules ,
Canada ,
Employee Training ,
Employer Liability Issues ,
Health and Safety ,
International Labor Laws ,
Labor Regulations ,
OHSA ,
Ontario ,
Posting Requirements ,
Sexual Harassment ,
Workplace Safety
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
5/2/2019
/ Bad Faith ,
Canada ,
Constructive Discharge ,
Disability Benefits ,
Dismissals ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Pain and Suffering ,
PTSD ,
Reasonable Accommodation ,
Sexual Harassment ,
Supreme Court of Canada
Employers with employees in Ontario often ask about legislative requirements under various employment statutes, including mandatory policies, training and postings under the Employment Standards Act, 2000, the Workplace...more
3/8/2019
/ Canada ,
Employee Rights ,
Employee Training ,
Employer Mandates ,
Employment Standards Act ,
International Labor Laws ,
Ontario ,
OSHA ,
Posting Requirements ,
Sexual Harassment ,
Strict Compliance ,
Wage and Hour ,
Workplace Safety
Canada saw significant developments in labour and employment law in 2018. As we embark on a new year, we will undoubtedly see the landscape in this ever-changing area of law continue to evolve. ...more
1/15/2019
/ #MeToo ,
Canada ,
Corporate Counsel ,
Criminal Background Checks ,
Decriminalization of Marijuana ,
Employment Discrimination ,
Human Rights ,
International Labor Laws ,
Labor Code ,
Labor Regulations ,
Labor Relations ,
New Legislation ,
Pay Equity Laws ,
Pay Transparency ,
Popular ,
Sexual Harassment ,
Termination Clauses ,
Wage and Hour