Articles

In the past three years, the Ontario appellate courts released four appellate decisions affirming and clarifying the test to determine whether a worker is a dependent contractor. Thurston v. Ontario (Children’s Lawyer) is the third of four post-McKee appellate court decisions that counsel should consider when advising clients regarding contracts and termination in employment matters.

A subject often considered by our clients, a subject never considered in any detail by lawyers. With the recent pandemonium in the workplace wrought by the pandemic, the institution of the CERB, the extension of the CERB, the delay in EI benefits as a result, and the impact on so many employers and employees, have all resulted in more attention being given to this usually innocuous document

The “duty to Google” is not a novel obligation imposed upon lawyers when considered in the context of practitioner competence. The term serves as simple reminder to lawyers of their responsibility to make use of information that is publicly and easily available.

If we’ve learned one thing in recent months, it is the power of data. Statistical modeling revealed the importance of social distancing to “flatten the curve”. Now that restrictions are starting to ease, data is being used to guide decisions about when to resume normal activities.

Privacy law is still a nascent area of law in Canada. The Supreme Court of Canada case of R v Jarvis (“Jarvis”)—while decided in the context of section 8 of the Canadian Charter of Rights and Freedoms and the application of Criminal Code provisions—underscores some important concepts that could be imported to the employment context.

The year is 2020. A global health pandemic hits. The courts and tribunals close. Lawyers almost universally start working remotely. But, the practice of labour and employment law must go on as both employees and employers continue to require legal advice, perhaps now more than ever. In this unique climate, how does a labour and employment lawyer manage a demanding practice? Well, there’s likely an “app” (or six!) for that.

The Workplace Safety and Insurance Appeals Tribunal has held that a civil action for constructive dismissal based on alleged workplace harassment and bullying was statute-barred under the Workplace Safety and Insurance Act and could not proceed.

Federal employers are required under Part II of the Canada Labour Code to ensure that a workplace health and safety committee or representative inspects the work place annually. In 2017, the Federal Court of Appeal decided that duty may extend to locations that the employer does not control. A recent Supreme Court of Canada decision has clarified the scope of this duty.

Can workers' compensation issues be litigated outside of the WSIB and WSIAT? In most cases, the answer is "no."

This article makes the case for voluntary mediation of Small Claims Court employment disputes, or "Small Wrongful Dismissal Claims."