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Jun 4, 2015

Inappropriate Sexual Conduct at Social Work Events – Are Employers Liable?

This is the question that K.L. v. 1163957799 Quebec Inc., 2015 ONSC 2417 hopes to answer. In the summer of 2013 Calypso Theme Park (“Cal...

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May 28, 2015

By Susan Crawford

CCPartners Seeking Input for Provincial Government Consultation Process and New ESA Obligation to Provide Information to Employees Now in Place

As many of you may be aware, the Provincial Government is considering whether changes to the Employment Standards Act (“ESA”) and the O...

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May 21, 2015

Employers’ Duty to Accommodate does not Include Turning Away Customers

By now we all know that an employer in Ontario has a duty to accommodate an employee with a disability, so long as the accommodation does not cause...

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May 14, 2015

SCC Confirms High Crown Disclosure Obligations

When charged with an Occupational Health and Safety Act violation, you need to be provided with complete Crown disclosure before you can decide whe...

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May 7, 2015

Federal Court of Appeal Says Employers Can Reasonably Request Better Medical Information Where Health and Safety of Worker a Factor

In Donaldson v Western Grain By-Products Storage Ltd. 2015 FCA 62, the Federal Court of Appeal ruled that it is reasonable to request a more specif...

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Apr 30, 2015

By Mike MacLellan

A Primer on Human Rights Responses: Information You Hope You’ll Never Need

A number of our Firm’s recent blogs have painted a picture of what consequences arise when an employer is found to have violated the Human Ri...

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Apr 23, 2015

$25K Awarded Against Restaurant Owner who Prevented Employee from Serving Employee’s Mother Because of Service Animal

On November 4, 2014, the Ontario Human Rights Tribunal (“Tribunal”) found that a restaurant owner discriminated against a customer (CC)...

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Apr 16, 2015

Supreme Court of Canada Denies Leave to Appeal Lower Court Decision Upholding Termination Provision in an Employment Agreement

Over the last several years, termination provisions have been set aside by Courts for a number of reasons as employers have been held to exacting s...

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Apr 9, 2015

By Rob Boswell

WSIB Proposes New Premium Rate Framework

Following consultation processes led by Harry Arthurs and Doug Stanley over the past few years, earlier this week the WSIB has released a set of te...

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Apr 2, 2015

By Mike MacLellan

Supreme Court of Canada Rules that Administrative Suspension is a Constructive Dismissal

An administrative suspension can be an effective tool for an employer to invoke when it needs to temporarily remove an employee from the workplace....

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Mar 27, 2015

Working at Heights Training Standard - April 1, 2015

Under the Occupational Health and Safety Act (OHSA) the Chief Prevention Officer (CPO) has the authority to establish standards for training progra...

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Mar 19, 2015

“It’s Never Okay” - Ontario Government takes firm stance to end sexual harassment and violence

In Ontario, all employers must take steps to prevent and react to harassment and violence in the workplace. Part III.0.1 of the Occupational Health...

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Mar 12, 2015

Hefty OHSA Fine for an Employer after Agency Worker Dies on the Job

A recent guilty plea by an employer after an agency supplied temporary worker died on the job is a sobering reminder of just how broad the definiti...

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Mar 5, 2015

Recent Arbitral Decision Suggests there are Objective Limits to an Employee’s Right to Religious Accommodation

Increasingly, employers are being faced with requests from employees requesting religious accommodation on various grounds, including paid time off...

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Feb 26, 2015

ESA Wage Recovery Reforms Take Effect – Removal of Cap and Extension of Recovery Window for Employee Claims

The sweeping changes brought on by The Stronger Workplaces for a Stronger Economy Act, 2014 (formerly Bill 18) have begun to take effect. The Act r...

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Feb 19, 2015

By Susan Crawford

Another Class Action For Overtime Certified – Are Your Overtime Practices Compliant?

On January 31, 2015 the Ontario Superior Court of Ontario certified a $100 million dollar class action lawsuit for unpaid overtime against Canada C...

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Feb 12, 2015

By Kelsey Orth

The Constitutional Right to Strike Preserved by Supreme Court of Canada

A central feature of collective bargaining – contract negotiations between unions and employers – is the ability for either party to ap...

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Feb 9, 2015

Ontario Court Adopts Expansive Interpretation of Family Status Protection under the Ontario Human Rights Code

The Superior Court of Ontario recently adopted the test for family status discrimination as outlined in the seminal decision, Johnstone v Canada (B...

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Feb 5, 2015

Federal Court of Appeal Upholds Without Cause Dismissal under the Canada Labour Code

Federally-regulated employees may be dismissed on a without cause basis under the Canada Labour Code (the “Code”). This was the conclus...

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Jan 29, 2015

Relying on After-Acquired Cause to Set Aside Settlement Agreement

After an employee has been dismissed without cause, an employer can allege cause if misconduct of the employee is discovered after the dismissal &n...

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