Management Lawyers

Can a Defendant be Charged Criminally After Pleading Guilty to OHSA Charges?

Published on August 25, 2017

A supervisor who pleaded guilty under OH&S legislation was later charged with criminal negligence causing death.  The criminal charges were recently dismissed, but the door is theoretically still open in other cases now and in the future.

constitutional law,  occupational health and safety

Supreme Court Rules Right to Strike Protected by the Charter

Published on January 30, 2015

The Supreme Court of Canada has ruled that the right to strike is protected under the Charter of Rights and Freedoms.

constitutional law,  labour law

SCC Protects Union Rights to Strike-Related Activity over Public Privacy Legislation

Published on November 22, 2013

In a decision that will come as little surprise to many labour practitioners, on both sides on the union-management spectrum, the SCC has ruled that it is unlawful for Alberta’s privacy legislation to restrict a union’s right to photograph people entering a struck workplace in public view and posting the photographs on its website. The Province has been given 12 months to re-write the law.

constitutional law,  labour relations,  privacy

When is a Laid off Employee Still an Employee? When he Signs a Construction Union Membership Card

Published on June 18, 2013

The Divisional Court recently upheld a decision by the Ontario Labour Relations Board in which it held that an employee who spent the majority of the day working in the proposed unit for which the union applied for certification, but only signed a union card after being laid off later that day, would have his wishes counted.

constitutional law,  construction labour relations,  labour relations

Early Morning OLRB Ruling Finds Teachers' Planned Day of Protest an Illegal Strike

Published on January 11, 2013

Most of us are well aware that at about 4 a.m. this morning, the Ontario Labour Relations Board (OLRB) ruled that the Elementary Teachers Federation of Ontario’s planned, so called, political day of protest would constitute an illegal strike.

constitutional law,  labour relations

Ontario as a "Right to Work" Province

Published on December 20, 2012

For years the term “Right to Work” state has been synonymous with jurisdictions in the American South, where unions have traditionally been weak and unwelcome. Few would have believed that the home of the unionized American auto industry, Michigan, would also one day become a right to work state. But that has just happened. Winds of change are sweeping the American labour landscape. Could these winds shift north and propel Ontario to become a right to work province?

constitutional law,  labour relations

Registration now Open for our 26th Annual Employers' Conference

Published on September 05, 2012

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

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

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

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.

constitutional law,  labour relations

ONCA Rules Exclusion of RCMP from Collective Bargaining Regime Constitutional

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.

constitutional law,  labour relations