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Searching Content indexed under Litigation, Mediation & Arbitration by Stringer LLP ordered by Published Date Descending.
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No "Passing The Torch": Only Unions And Employers (Not Grievors) May Bring Judicial Review Applications
Grievance arbitration is intended to be an efficient and cost-effective means to resolve workplace disputes without resort to costly litigation in the courts. When an arbitrator issues an award
Canada
16 Aug 2019
2
Can A Corporate Director Face A Personal Injury Suit For A Workplace Accident? Alberta Court Of Appeal Says Yes!
The fundamental principle of workers' compensation across Canada is that workers who suffer an injury "in the course of employment" give up their right to sue ...
Canada
29 May 2019
3
Has BC Court Opened The Door To More Court Claims Of Harassment?
Since the early 1980s, plaintiffs have been precluded from bringing court actions solely predicated on suffering discrimination or harassment under human rights legislation.
Canada
26 Apr 2019
4
Reporting Bad Conduct To Regulator Defamed Ex-Employee
The Court of Appeal recently confirmed that an employer defamed an ex-employee when the employer filed a false report with an industry regulator.
Canada
3 Dec 2018
5
The Truth Will Set You Free – A Bad Reference Is Not Necessarily Defamatory
The Divisional Court recently upheld a trial decision finding that an employer did not defame a former employee when it gave him a bad reference.
Canada
15 Nov 2018
6
Bad Facts Make Bad Law (For Employers): Court Recognizes New Tort Of Harassment
The Ontario Superior Court recently recognized a new tort that would allow employees to sue their employers for harassment in civil court.
Canada
29 Jun 2017
7
Private Member's Bill Seeks Union-Favourable Amendments, Without Waiting For The Changing Workplaces Review
Although the final report from The Changing Workplaces Review is not expected until later this year, the Ontario New Democratic Party ("NDP") introduced a private member bill on April 4, 2017...
Canada
16 May 2017
8
After The Accident: Pitfalls To Avoid For Employers After Workplace Accidents
The obligations on employers, constructors and other workplace stakeholders once a workplace accident occurs are heavy.
Canada
6 Jun 2016
9
Fixed-Term Fiasco: Employee Profits Off Of Termination Of Term Contract
Canadian employees are presumptively entitled to "reasonable notice" of termination.
Canada
27 Apr 2016
10
Federal Court Of Appeal Rules On When Federal Employers Must Appoint A Workplace Violence Investigator
The Canadian law on workplace violence and harassment continues to develop, particularly in relation to the duty to investigate.
Canada
30 Mar 2016
11
DNF: Waiver Fails To Protect Self-Insured Employer From Injured Employee's Court Action
The Workplace Safety and Insurance Act regime is predicated on the categorization of employers within its scheme.
Canada
10 Feb 2016
12
Probationary Panacea: Divisional Court Affirms Rights Of Employers To Dismiss Probationary Employees Without Reasonable Notice
Probationary periods are often essential tools for both employers and employees to determine the viability of a new employment relationship.
Canada
29 Jan 2016
13
Judge Imposes Jail Time On Metron Construction Site Supervisor
Those involved with occupational health and safety law have followed with interest the ongoing saga of Metron Construction.
Canada
14 Jan 2016
14
Jumping To Conclusions Proves Costly For Employer
A recent decision from the Ontario Superior Court is a reminder to employers that dismissal for just cause must be based on solid ground.
Canada
11 Jan 2016
15
Reduce, Reconsider, Restore: Court Of Appeal Strikes Down Reduction Of Notice Period Due To Economic Circumstances Of Employer
Notwithstanding the best wishes of employers, there are times when employees have to be let go for purely financial reasons.
Canada
16 Dec 2015
16
Turning Of The Tides? Record Setting Human Rights Damage Award Overturned In British Columbia
Over the past few years, we have seen a number of cases in Canada where human rights tribunals have awarded record setting damage awards to employees who have been subject to discrimination in the workplace.
Canada
21 Oct 2015
17
Dial "D" For Dismissal: Employee Fired After "Pocket-Dial"
Most people have received (or sent) a "pocket-dial", which is an unintentional cell phone call that is made by a phone when it is in a person's pocket.
Canada
16 Oct 2015
18
Court Precludes Terminated Employee From Relying On Employer's Apology
In April of 2009, a little known law called the Apology Act (the "Act") entered into force.
Canada
18 Sep 2015
19
Court Finds Abandonment For Failure To Return To Work Or Provide Medical
Disability management is a challenging issue for HR professionals. An employee with a disability may require an extended absence from work due to their medical condition.
Canada
10 Sep 2015
20
Ontario Superior Court Takes "Trust" Approach To Mitigation At Summary Judgment
Summary judgment has increasingly become a process used to litigate wrongful dismissal actions.
Canada
10 Aug 2015
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