Workplace Accident: Manager Sentenced to 3 ½ Years in Jail

On January 11, 2016 an Ontario court imposed the harshest sentence ever for an individual’s role in a workplace accident. A project manager was sentenced to three and a half years in prison for his role in four workplace deaths that occurred on December 24, 2009.

Nova Scotia: Marine Renewable Energy Act – A Synopsis

A synopsis of Nova Scotia’s Marine Renewable Energy Act.

When Standard Form Contracts are Non-Standard

The world of the contract lawyer should never be immune from the press for efficiency; the reliable, predictable and confidently reproducible contract in standard form is the one-size solution to fit most client needs.

New Brunswick Police Officer Terminated for Misconduct

In the recent unreported decision of the New Brunswick Police Commission and Constable Jeff Smiley, dated December 2, 2015, an arbitrator appointed under the New Brunswick Police Act imposed the penalty of dismissal of a New Brunswick police officer as a result of his misconduct.

December 22, 2015

#familystatus: a Top Trend in 2015 Canadian Employment Law

Given its rise in popularity in Canadian employment law over the past year, it is only fitting that the subject of the last Employment and Labour publication for 2015 consider a recent decision relating to this evolving area of human rights law.

December 10, 2015

Can An Employer Require That a Candidate Undergo Pre-employment Drug...

The law of drug and alcohol testing in Canada is in a state of evolution. While the Supreme Court of Canada’s decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v Irving Pulp & Paper Ltd., 2013 SCC 34, provided important guidance on the strict standard that employers must meet in order to subject employees to random testing, it raised many questions regarding how those principles would be applied to other forms of testing.

11 Steps to Minimize Employer Liability at the Holiday Party

It is time to revisit the topic of Host Liability and what an employer can do to ensure the holiday party is the social event of the year and not a litigation nightmare.

Good Tidings, Well Wishes and Unintended Consequences: Holiday Greetings under...

That time of year is now upon us when we send season’s greetings and well wishes for the New Year. The holidays present a wonderful opportunity to reach out to your customers and the general public alike to let them know that you are thankful for their business and give them a little “nudge” to remind them that their patronage is appreciated.

Unprecedented Damage Award for Violation of Human Rights

Early this year, the Ontario Human Rights Tribunal chartered into new territory when it awarded an employee $150,000 in damages for injury to dignity, feelings and self-respect that were caused by the employer’s egregious violation of the employee’s human rights.

November 26, 2015

The Duty to Mitigate: When is an Employee Required to...

The British Columbia Court of Appeal (the “BCCA”), in Frederickson v Newtech Dental Laboratory Inc., 2015 BCCA 357, overturned the trial judge’s finding that Frederickson had failed to mitigate her damages because she refused to accept an offer of re-employment from her employer, Newtech Dental Laboratory (“Newtech”).