Searching Content by Michael Torrance ordered by Published Date Descending.
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Ontario Ministry of Labour Clarifies Definition of a Critical Injury
In early 2017 the Ontario Ministry of Labour issued a clarifying statement on the definition of "critical injury" under Regulation 834 of the Occupational Health and Safety Act.
31 Mar 2017
Failure To Implement Workplace Harassment And Violence Policies Can Be Costly For Employers
A security company was recently fined $70,000.00 for non-compliance with orders issued under OHSA.
29 Mar 2017
Ontario Ministry of Labour Clarifies the Definition of a Critical Injury
In January of 2017 the Ontario Ministry of Labour issued a clarifying statement on the definition of a Critical Injury under Regulation 834 of the Occupational Health and Safety Act.
21 Mar 2017
New Workplace Harassment Obligations in Ontario
In a new webinar, lawyers from the firm discuss the new requirements for Ontario employers to prevent sexual violence and harassment in the workplace after amendments to Bill 132 came into effect on September 8, 2016.
14 Mar 2017
International Human Rights Claim Allowed To Proceed In Canada Cementing Legal Risks For Canadian Companies Operating Abroad
In the recent decision of Araya v Nevsun Resources Ltd., the British Columbia Supreme Court has refused to strike proceedings based on human rights abuses alleged to have occurred at a mine located in Eritrea and owned and operated by an indirect subsidiary of a Vancouver-based mining company, allowing the claim to proceed to trial.
10 Dec 2016
Supreme Court Sets New Presumptive Ceiling Of 18 Months From Date Of Charges To End Of Trial For Occupational Health And Safety Act Offences
The Supreme Court of Canada in the recently released R v Jordan (Jordan) has fundamentally changed the way courts consider whether an unreasonable delay has occurred in criminal and provincial offences matters.
15 Oct 2016
Case Note: One Step Closer To A Constitutionally-Protected Right To Strike
To date, the Supreme Court of Canada has not recognized a constitutionally protected right to strike a right.
9 Oct 2015
Case Note: Duty To Accommodate Does Not Require Transfer To A More Suitable Position For Probationary Employee
The Alberta Court of Appeal affirmed an arbitral award upholding the termination of a probationary employee with Asperger's syndrome in Telecommunications Workers Union v Telus Communications Inc.
5 Oct 2015
Case Note: After-Acquired Cause For Dismissal Considered In Summary Judgement Application
The BC Court of Appeal upheld the dismissal of an action brought by a senior project manager terminated without cause on 4 weeks' notice in Van den Boogaard v Vancouver Pile Driving Ltd., 2014 BCCA 168.
25 Sep 2015
Case Note: Mental Stress Provisions Of WSIA Ruled Discriminatory
The Workplace Safety and Insurance Appeals Tribunal allowed an appeal from denial of a nurse's claim arising from some 12 years of verbal abuse from a doctor with whom she worked.
21 Sep 2015
Case Note: Global Payroll To Be Considered In Determining Whether Severance Pay Is Required
In Paquette c Quadraspec Inc., 2014 ONCS 2431, the Court held that the employer's global payroll was to be considered in determining whether the obligation to provide severance pay was triggered.
7 Sep 2015
Case Note: New Ontario Human Rights Commission Policy
The Ontario Human Rights Commission issued a new Policy on Preventing Discrimination because of Gender Identity and Gender Expression.
28 Aug 2015
Case Note: Employee Absenteeism Justifies Summary Dismissal
The Ontario Labour Relations Board overturned an employment standards officer's direction to an employer to pay $11,000 to a terminated employee in Exel Canada Ltd v McCarthy, 2014 CanLII 19404.
21 Aug 2015
Case Note: Employer's Clandestine Video Surveillance Excluded From Arbitration
A BC arbitrator refused to admit clandestine video surveillance evidence in support of a termination of a 34-year employee in Unifor, Local 433 v Crown Packaging Ltd., 2014 CanLII 18105.
10 Aug 2015
Case Note: Racial Discrimination Complainant Awarded 18 Months Income And General Damages
Cromwell v Leon's Furniture Limited, 2014 CanLII 16399, a Nova Scotia human rights board of inquiry found that the complainant had been subjected to racially discriminatory comments and differential treatment by her manager...
31 Jul 2015
Case Note: Employer Refusal To Substitute Non-Sunday Work Hours Upheld
The employer had no obligation to allow the employee to make up declined Sunday hours so that he could maintain his prior level of earnings.
24 Jul 2015
Case Note: Changes To The Canada Labour Code
Changes to the Canada Labour Code took effect. Among the changes are a new 6-month limitation period for filing a claim for unpaid wages and a cap on the amount of wages that can be awarded.
10 Jul 2015
Case Note: 24 Months' Pay In Lieu Of Notice Entitled After 38 Years Of Employment
In King v. 1416088 Ontario Limited, 2014 ONSC 144, an Ontario court found that a 73-year-old employee terminated after 38 years of employment was entitled to claim wrongful dismissal damages.
3 Jul 2015
Case Note: Age Discrimination Case Has No Reasonable Probability For Success
The Ontario Divisional Court confirmed in Gill v. Human Rights Tribunal of Ontario, that there was no need for the Human Rights Tribunal to conduct a full hearing into a human rights complaint.
26 Jun 2015
Case Note: 12 Months' Salary In Lieu Of Notice Awarded After Only 19 Months Employment
In Felice v. Cardinal Health Canada Inc., 2014 ONSC 1190, a senior executive was awarded damages of 12 months' salary and benefits after a total of only 19 months' employment with the hiring company and its successor.
19 Jun 2015
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