Breach of Post-Employment Obligations: A Costly Lesson for Employers

Written by Jenna B. Smith, Associate in Fredericton As explained recently by the Ontario Court of Appeal decision Titus Steel Company Limited v. Hack, 2025 ONCA 693 (CanLII), even when a former employee breaches their post-employment obligations, the breach may not give rise to damages. Even worse, the Employer can be ordered to pay costs […]

Workplace Harassment in Nova Scotia: What Employers Need to Know

Written by Erin Mitchell, Associate in Halifax. On June 23, 2025, we reported on our expectations for Nova Scotia’s new Mandatory Harassment Prevention Policy regulations. We are pleased to update that the long-awaited regulations were published on August 22, 2025 in the Royal Gazette Part II and will soon be added as Part 27 of […]

Upcoming Changes to the Canada Labour Code: Equal Pay Requirements

Originally produced for Advocates for Employers of Canada (AEC) on June 5, 2025 By AEC Federal Sector Group under insights. Written by Jessica Bungay and Jenna Smith. The Canada Labour Code (the “Code”) may soon require federally regulated employers to review the wage rates of certain employees under the Equal Treatment Wage Rate Rules. These changes would […]

Duty to Accommodate: When Childcare Intersects with Employment Responsibilities

The duty to accommodate an employee with childcare responsibilities is not unlimited. The recent decision of Aguele v. Family Options Inc., 2024 HRTO 991[1] from the Human Rights Tribunal of Ontario (“HRTO”) provides some insight for employers responding to requests for schedule changes from employees with childcare responsibilities. Case Summary: The employer provided housing and […]

July 22, 2024

Contract Clarity: Navigating Employment Agreements with Certainty

For non-unionized employees, having employment contracts in place is imperative to limit liability and uncertainty. In addition to controlling entitlements upon termination of employment, well drafted employment contracts can also limit other sources of liability for employers, which can surface even following the end of employment. It is not just the wording of the contract […]

Legal Authority and Consent in Generative AI: Ensuring Compliance and...

As businesses in Canada continue to uncover the potential of generative artificial intelligence (AI), understanding the legal underpinnings of authority and consent becomes paramount. This article explores these concepts within the framework of the Office of the Privacy Commissioner of Canada’s principles, providing actionable insights and practical examples to guide businesses in their compliance efforts. […]

Privacy Law and PIPEDA: Common questions asked by businesses

As someone practicing for several years in the field of privacy law, I am asked to provide advice and to answer a variety of questions from both clients and other legal professionals on a myriad of privacy, access to information, and cyber liability related topics. The purpose of this article is to provide insight into […]

Introduction to OPC’s Generative AI Principles: A Guide for Canadian...

In late 2023, the Office of the Privacy Commissioner of Canada (OPC) introduced a comprehensive set of principles aimed at guiding the responsible, trustworthy, and privacy-protective development and use of generative artificial intelligence (AI) technologies. This initiative reflects a proactive stance by Canadian privacy regulators to address the complex challenges and opportunities posed by the […]

Canada’s Artificial Intelligence and Data Act (AIDA) 2024: A Comprehensive...

Introduction to AIDA In a pivotal move to navigate the rapidly evolving landscape of artificial intelligence (AI), Canada introduced the Artificial Intelligence and Data Act (AIDA) as part of Bill C-27, the Digital Charter Implementation Act, 2022. Marking a significant stride towards a regulatory framework, AIDA ensures the safe and responsible development and deployment of […]

Video Surveillance in the Workplace

The use of surveillance cameras has increased along with other digital technology. They are a common feature in most businesses and busy roadways. They have also become popular for personal use with products like dash cams and home security systems. As the digital world creeps into our privacy, the balance of management rights and the […]