Supreme Court to Address Random Alcohol Testing in the Context of Dangerous Workplaces
On March 19, 2012, the Supreme Court of Canada (“SCC”) granted leave to the Union to appeal the New Brunswick Court of Appeal decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Limited 2011...
Anti-replacement Worker Provisions: The Appeal Court of Quebec Decides that New Technologies Do Not Redefine the Notion of Establishment
With the recent expansion of internet and technological devices, more and more workers may now perform much of their work outside the actual physical premises of their employer’s establishment. Indeed, new technological devices have changed the meaning of workplace, and...
The Alberta Court of Appeal Weighs in on Restrictive Covenants
Late in 2011, the Alberta Court of Appeal considered the enforceability of restrictive covenants. Unfortunately for employers, it further narrowed the scope of circumstances in which this will be the case, at least in Alberta. As the decision was not...
Ambiguous Employee Resignations – A Cautionary Tale
A recent, rather colourful, case out of British Columbia serves as a cautionary tale for employers in respect of equivocal resignations by employees, and provides some guidance to employers on how to respond to a resignation “bluff” from an employee....
Due Diligence Clarified for Occupational Health and Safety Professionals in Nova Scotia Decision?
In a judgment that reflects a growing trend of holding safety professionals in an organization increasingly more accountable, the Nova Scotia Provincial Court has fined an occupational health and safety (“OHS”) professional $1,000 for failing to take adequate steps to...
An Eye on Collective Bargaining and the Taxpayer
The last few years of global economic difficulties continue to take their toll in all facets of life. In Canada, this includes tremendous pressures on government spending at all levels. In response to the major recession that began in 2008,...
Case Comments on Vernon v. British Columbia (Ministry of Housing and Social Development)
From time to time, it’s good for employers to be reminded of what can happen should a termination not be handled properly. The recent BC Supreme Court decision in Vernon v. British Columbia (Ministry of Housing and Social Development –...
Check-up on the Accessibility for Ontarians with Disabilities Act, 2005: Is your organization complying?
On January 1, 2012, the Accessibility Standards for Customer Service (the “Customer Service Regulation”) and some sections of the Integrated Accessibility Standards, both made pursuant to the Accessibility for Ontarians with Disabilities Act (the “AODA”), came into force for private...
Jones v. Tsige: How a Bizarre Love Triangle Inspired an Evolution in Privacy Law
Author: Anthony Garber Jones v. Tsige, a recent case from the Ontario Court of Appeal represents the first appellate level decision in Ontario to recognize the tort of invasion of privacy. And like all good disputes, it began with a love affair....
Jones v. Tsige: How a Bizarre Love Triangle Inspired an Evolution in Privacy Law
Jones v. Tsige, a recent case from the Ontario Court of Appeal, represents the first appellate level decision in Ontario to recognize the tort of “intrusion upon seclusion”, a remedy for invasion of privacy. And like all good disputes, it...
