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

Human Rights Code Amended to Include Gender Identity

Time Published on July 31, 2012

The Ontario Human Rights Code (the “Code”) was recently amended to add “gender identity or gender expression” as a ground of discrimination.  

Tag human rights

ONCA Affirms that OLRB does not have "Superpowers"

Time Published on July 18, 2012

Ontario's top court has affirmed that when the Labour Board sits as arbitrator under s. 133 it must respect, not ignore, the language of the collective agreement.

Tag construction labour relations,  labour relations

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

Time Published on July 16, 2012

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

Tag occupational health and safety

Avoid the Hassle of Litigation's Draft your Agreements with Care

Time Published on July 10, 2012

In a recent decision, Downey v. Encore International Inc., the Ontario Court of Appeal took a flexible approach based heavily on the factual circumstances in finding that a confidentiality agreement was enforceable. 

Tag general litigation

Conservatives Propose Dramatic Overhaul of Ontario Labour and Workers' Compensation Laws

Time Published on June 27, 2012

The Ontario Progressive Conservative Party is proposing significant changes to Ontario’s labour and workers’ compensation legislation which, if enacted, would dramatically alter the legal landscape. In a White Paper entitled “Paths to Prosperity: Flexible Labour Markets” the Party outlines a number of proposals which it says are necessary to ensure Ontario is able to compete in the global marketplace.

Tag labour relations

ONCA Finds "Golden Parachute" Provision not Implicitly Subject to the Duty to Mitigate

Time Published on June 25, 2012

In a decision by a rare, five-judge panel, the Ontario Court of Appeal (ONCA) ruled that a specific notice provision in an employment contract was not implicitly subject to the duty to mitigate.

Tag employment law,  wrongful dismissal litigation

Guilty Pleas in Toronto Christmas Eve Fatalities

Time Published on June 18, 2012

Christmas Eve scaffolding collapse fatalities results in guilty plea.

Tag occupational health and safety

Court Strikes Down Release Signed on Termination

Time Published on June 18, 2012

Ontario's Superior Court of Justice recently struck down a release signed at a termination meeting. 

Tag employment law,  wrongful dismissal litigation

ONCA Rules Exclusion of RCMP from Collective Bargaining Regime Constitutional

Time Published on June 11, 2012

In a decision that will all but certainly find its way to the Supreme Court of Canada (SCC), the Ontario Court of Appeal (ONCA) has ruled that the exclusion of RCMP members from the collective bargaining regime established by the Federal Public Service Labour Relations Act (the “PLSRA”) is constitutional.

Tag constitutional law,  labour relations

Bill 119 takes effect January 1, 2013

Time Published on May 24, 2012

Under the new legislation, Bill 119, the Workplace Safety and Insurance Amendment Act 2008 obligates independent operators, sole proprietors, partners and executive officers working in the construction industry to obtain insurance coverage, with certain exceptions.


Narrow reading of liability for Architects and Engineers under the OHSA

Time Published on May 22, 2012

A recent decision, R v The Corporation of the City of Guelph et al. provides a narrow interpretation of limitation periods in the Occupational Health and Safety Act (the “OHSA”) for negligent or incompetent work by architects and engineers, limiting the time frame of potential liability.  A professional engineer or architect can be charged under the OHSA when a worker is endangered as result of negligent or incompetent advice.



Tag occupational health and safety

Court Signals Summary Judgement Often Appropriate for Wrongful Dismissal Actions

Time Published on May 09, 2012

The judiciary is regularly signalling that resolutions without lengthy and expensive trials are to be encouraged, wherever possible.