The Human Rights Tribunal Says No to Forum Shopping

Time Published on November 08, 2012

It has been a year since the Supreme Court of Canada’s decision in British Columbia (Workers' Compensation Board) v. Figliola (“Figliola”). In Figliola, the Supreme Court stated that human rights complaints should not be relitigated before a human rights tribunal when they have already been litigated before another tribunal, such as the workers’ compensation board (”WSIB”), or a labour arbitration tribunal.  

Tag human rights

Court Confirms No Free Standing Civil Action for Breaching OHSA

Time Published on October 22, 2012

Ontario’s Superior Court of Justice has affirmed the long-standing principle that you cannot sue for a free-standing violation of a statute.

Tag occupational health and safety

Random Drug Testing Debate - National Perspective?

Time Published on October 16, 2012

Supreme Court of Canada to weigh in on random alcohol testing as an Alberta court grants an injunction preventing random drug testing. 

Tag human rights,  occupational health and safety

Accommodating scent sensitivities in the workplace

Time Published on October 15, 2012

Employers must accommodate employees with disabilities to the point of undue hardship under the Ontario Human Rights Code. The accommodation of scent sensitivities arose in a recent decision of the Ontario Human Rights Tribunal, raising questions as to what is considered undue hardship when accommodating an employee with a sensitivity to scents.

Tag human rights

What mental capacity is required to sign a release?

Time Published on October 11, 2012

In a past Stringer Update, Releases Protect Employers from Human Rights Complaints, we emphasized the importance of having terminated employees sign a full and final release, as protection against a future human rights application. We highlighted the factors that the Human Rights Tribunal (the “Tribunal”) will consider when determining whether a release will be enforceable, which include (1) the actual language of the release, and (2) other factors including duress, fraudulent misrepresentation and the applicant’s capacity to understand the terms of the release (click here to read our Stringer Update).

In two recent decisions, the Tribunal addresses the issue of the requisite mental capacity necessary in order for a release to be enforceable.

Tag employment law,  human rights

Can the Ministry of Labour Prosecute Employers for Breaches of Non-Legislative Standards?

Time Published on October 10, 2012

An Ontario court has recently signalled strongly that charges brought on the basis of non-compliance with external standards (not expressly referenced in legislation) may constitute an abuse of process.

Tag occupational health and safety

Make sure to Post the new OHSA Workplace Poster October 1

Time Published on September 29, 2012

Employers are now required to post the new workplace poster “Health & Safety at Work – Prevention Starts Here” in the workplace. Ministry of Labour Inspectors will begin enforcing this requirement commencing on October 1, 2012.

Tag occupational health and safety

Divisional Court Rejects Fault-Based Workers' Compensation Grievances

Time Published on September 20, 2012

Ontario’s Divisional Court recently upheld an arbitrator’s ruling to dismiss 22 (grouped) grievances over fault-based workers’ compensation claims.

Tag labour relations,  occupational health and safety

Crown Appeals $200,000 fine imposed against Corporation in Christmas Eve Fatality

Time Published on September 05, 2012

The Crown has decided to seek permission (referred to as “leave”) to appeal the $200,000 fine imposed against Metron Construction following a guilty plea to a charge of criminal charge negligence causing death in connection with a tragic accident on Christmas Eve 2009.

Tag occupational health and safety

Registration now Open for our 26th Annual Employers' Conference

Time Published on September 05, 2012

Don't Miss our 26th Annual Employers' Conference, Labour & Employment Law Update 2012. 

Tag aoda,  constitutional law,  employment law,  labour relations,  occupational health and safety,  wrongful dismissal litigation

Appeal Court Rules That Contract is Critical to Determining the Identity of the Constructor

Time Published on August 31, 2012

In a recent appeal case from the Yukon, the Court made a number of interesting comments about the role the contract has in determining the legal status of a party as the constructor.

Tag occupational health and safety

When does a change in hours of work constitute a constructive dismissal?

Time Published on August 30, 2012

In Dechene v. Dr. Khurrum Ashraf Dentistry, an employee who had been employed by a verbal agreement was provided with a proposed new written employment agreement. The employee currently worked 32 hours per week in a part-time position. The new written employment agreement provided that the employer had the right to require the employee to work up to 48 hours in any given week. The language of the agreement provided, “the employee shall recognize the absolute right given to the employe[r] under the Employment Standards Act of Ontario to schedule the employee to work up to 48 hours in any given week”

Tag constructive dismissal,  employment law,  employment standards

ONCA Upholds Constitutionality of Legislating Salary Caps: How will this affect Ontario teachers?

Time Published on August 29, 2012

In a recent decision, Association of Justice Counsel v. Canada (Attorney General), the Ontario Court of Appeal upheld the constitutionality of federal legislation prescribing limits on salary increases for unionized employees.

Tag constitutional law,  labour relations

Draft AODA Built Environment Standard for Public Spaces Released

Time Published on August 23, 2012

The Ontario Government has released a draft copy of the Built Environment Standard provisions for "public spaces". 


Serious Safety Violation is Not Just Cause

Time Published on August 17, 2012

In one recent case the Ontario Superior Court of Justice determined that a serious safety violation by a member of senior management did not represent just cause.

Tag employment law,  occupational health and safety,  wrongful dismissal litigation