What Does the Crown Have to Prove in an OHSA Prosecution?

Time Published on April 17, 2012

In one recent appeal case the court has opened the door to imposing a more rigorous burden on the Crown in certain types of cases.

Tag occupational health and safety

The Supreme Court to Lay Down the Law on Random Alcohol Testing

Time Published on April 03, 2012

The Supreme Court recently granted leave to appeal a decision regarding a random alcohol testing policy out of a paper mill near the City of Saint John in New Brunswick.

Tag employment law,  labour relations,  privacy

OLRB Directs Inspector to Produce Investigation Records

Time Published on March 26, 2012

In a relatively minor decision that may have significant implications, the Ontario Labour Relations Board (“OLRB”) has ordered Ministry of Labour Inspectors to produce certain investigation records.

Tag occupational health and safety

Employer Successfully Defends a Charge of Failing to Report an Accident to WSIB

Time Published on March 21, 2012

An employer has successfully defended a charge of failing to report an accident to the WSIB within the timeframe permitted by law. 


Minor Change to the OLRB's Rules of Procedure could have a Major Impact

Time Published on March 14, 2012

A change to the OLRB's Rules of Procedure could have a favourable impact on OHS reprisal complaint proceedings.

Tag labour relations,  occupational health and safety

Debate Continues over Family Caregiver Leave

Time Published on March 12, 2012

On Friday, March 8 the Family Caregiver Leave Act (Bill 30) was debated for the third time at second reading in the Ontario Legislature.


Divisional Court provides Guidance as to What Constitutes a Prima Facie Case of Discrimination

Time Published on March 06, 2012

In a recent case, Peel Law Association v. Pieters, the Divisional Court overturned a decision of the Human Rights Tribunal finding that the complainants had not established a prima facie case of discrimination.

Tag human rights

Forum Shopping a Growing Problem - Published in The Lawyers Weekly

Time Published on March 06, 2012

Jeremy Schwartz and Jessica Young recently published an article on forum shopping by disabled employees in the Lawyers Weekly: Labour & Employment Law Focus.

Tag human rights

Bill 168 and Section 50 of the OHSA: Has the Labour Board Closed the Floodgates?

Time Published on February 29, 2012

One of the biggest questions which emerged when the Bill 168 harassment provisions became law was whether the OLRB would be inundated with “reprisal” complaints related to harassment.   Prior to the Bill 168 amendments, the OLRB had historically declined to hear harassment cases (even though a technical argument could be made that workplace harassment was covered by the “general duty clause”). 


Proposed Family Caregiver Leave goes through Second Reading

Time Published on February 27, 2012

Bill 30, An Act to Amend the Employment Standards Act, 2000 in respect of family caregiver leave, went through its second reading last week. If passed, the bill will introduce a new unpaid leave of absence for up to eight weeks per year for employees who need to care for a sick or injured family member.


Tag employment law

British Columbia Court of Appeal upholds just cause dismissal

Time Published on February 22, 2012

A branch manager of a credit union was fired for just cause after she wrote a letter to her employer that the trial judge found to be “disrespectful and defamatory”.


The Latest on Forum Shopping: The Human Rights Tribunal is Considering Whether a WSIB Case Manager Decision is a “Proceeding”

Time Published on February 21, 2012

In Whitwell, the Human Rights Tribunal of Ontario will determine, for the first time since the SCC's landmark decision in Figliola, whether to defer to a decision by a WSIB Case Manager.

Tag human rights

Employees in fiduciary relationships may be entitled to bonuses even upon breach of duties

Time Published on February 14, 2012

A recent decision, the Court of Appeal, Mady Development Corp. v. Rossetto, clarified an employee’s entitlement to bonuses who has breached their fiduciary duties to their employer.

Tag employment law,  fiduciary duties,  wrongful dismissal litigation

ONCA Upholds Brito but Quashes Punitive Award

Time Published on February 08, 2012

Brito Update-ONCA upholds damages for disability benefits in reasonable notice period, quashes punitive damages

Tag disability benefits,  employment law,  wrongful dismissal litigation

Invasion of Privacy in the Workplace Could Lead to Liability for Snooping Employees

Time Published on January 30, 2012

Recently, the Ontario Court of Appeal recognized a new tort related to privacy rights, that is, “intrusion upon seclusion”.