Last November, the Supreme Court released one of its most anticipated cases in labour law, British Columbia Teachers’ Federation v British Columbia, 2016 SCC 49, also known as “BCTF.” In a surprising move, the Supreme Court delivered its judgment orally from the bench. The majority of the Supreme Court stated that they agree with Justice […]
In the coming months, the Canadian military will be forced to fight on a wholly new front: the home front. In late November, a notice of action was filed against the Canadian military on behalf of past members of the military. Although details of the specific allegations will not be released until later in their […]
Nearly three years after the Supreme Court (“the Court”) issued its ground-breaking judgment in Canada (Attorney General) v. Bedford, 2013 SCC 72 [Bedford] and two years since the federal government passed Bill C-36, the Canadian polity remains mired in philosophic, moral, and political debate surrounding the acceptability of sex work. The Protection of Communities and […]
“Causation can be inferred⎯even in the face of inconclusive or contrary expert evidence⎯from other evidence, including merely circumstantial evidence.” British Columbia (Workers’ Compensation Appeal Tribunal) v Fraser Health Authority, 2016 SCC 25 at para 38. When is it correct for a court to disagree with scientific experts? This is precisely the issue raised in the […]
Much has already been written in regards to the recent decision of the Supreme Court of Canada (“SCC”) in Wilson v Atomic Energy of Canada Ltd, 2016 SCC 29 [Wilson]. It may seem surprising that it took thirty years to settle on Parliament’s intent in introducing the 1978 amendment to the Canada Labour Code, RSC […]
In the recent decision in Garreton v Complete Innovations Inc., 2016 ONSC 1178 [Garreton], the Ontario Superior Court of Justice disagreed with the recent line of reasoning that the contract of employment, particularly the termination provision must conform to provincial employment standards legislation for the "particular employee, in the particular circumstances." Instead, the Divisional Court upheld […]
A recent decision of the Divisional Court in Nagribianko v Select Wine Merchants Ltd., 2016 ONSC 490 [Nagribianko v Select], appears to be somewhat of a set back to the evolving policy of the common law to provide greater fairness to those who are working toward becoming permanent employees. The Divisional Court held that during […]
Being laid off close to the age of retirement can be quite a devastating experience. It is all the more devastating when you have worked for the same company for three decades and your skills may not reflect current job market needs. Add to this the fact that, because of your employment contract, you are […]
In the recently released decision Holland v Hostopia.com Inc., 2015 ONCA 762 [Holland], the Ontario Court of Appeal reaffirms the importance of fresh consideration where the employer seeks to amend the employment agreement. Where a basic offer of employment includes a requirement to sign a full employment agreement at a later time, that full employment agreement will […]
In Arnone v Best Theratronics Ltd, 2015 ONCA 63 [Arnone], the Ontario Court of Appeal revisited the issue of damages calculation in wrongful dismissal cases. The decision confirms that courts must continue to apply the analysis from Bardal v The Globe and Mail, 24 DLR (2d) 140 (Ont HC) [Bardal] to determine what constitutes reasonable notice […]