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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
2
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
3
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
4
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
5
Bill 148 Rollback Alert
Ontario's Conservative government has moved to repeal most of the changes to the province's employment and labour legislation made by the prior government's Bill 148.
Canada
31 Oct 2018
6
The Crown Pierces The Corporate Veil: Court Imposes Liability On Individual For Fines Imposed Against A Corporate Defendant
An Ontario Court has revolutionized the law with respect to whether an individual can be held personally liable for fines imposed against the corporation for breaches of regulatory legislation.
Canada
24 Aug 2018
7
Solving The "Self Serving" Medical Notes Puzzle
The decision of the Human Rights Tribunal of Ontario in Sean Carter v. Neurologic Rehabilitation Institute of Ontario (2011) shows the importance of medical notes in human rights cases...
Canada
14 Aug 2017
8
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
9
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
10
Yes – Corporations Do Have Rights: Part II
On December 13, 2016, we published an update concerning the recent case of R. v. Live Nation (since reported: here) in which the Ontario Court of Justice found that the new test for unconstitutional delay...
Canada
27 Jan 2017
11
Yes - Corporations DO Have Rights
We have written before on the groundbreaking decision of the Supreme Court of Canada in R v Jordan. In Jordan, the Supreme Court of Canada set hard caps on the time it takes to process a criminal...
Canada
21 Dec 2016
12
Hindsight Is 20/20 – Employer Obligations Under The Workplace Violence Provisions Of The Occupational Health And Safety Act
Employers across the province are likely aware that they have a duty to take certain steps to protect their employees from violence in the workplace.
Canada
26 Oct 2016
13
Blame The Lawyer? Drawing Best Practices For In-House Counsel From The Jurisprudence
In-house counsel is often the unsung hero of a legal saga, having guided their internal client adeptly before litigation ensued.
Canada
16 Sep 2016
14
2016 Q2 HR-Law Webinar Part 2: ONCA Finds Just Cause (Video Content)
Frank Portman discusses a recent case in which the Ontario Court of Appeal reversed a trial decision and substituted a finding of just cause.
Canada
17 Aug 2016
15
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
16
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
17
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
18
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
19
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
20
2015 In Review: Developments In Canadian Labour And Employment Law
2015 was a busy year for those following developments in labour and employment law.
Canada
19 Jan 2016
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