In its June 2012 decision in Jones v. Tsige, the Ontario Court of Appeal established the tort for the invasion of personal privacy – “intrusion upon seclusion”. One employee sued another for having accessed her personal information over a period of four years. Jones and Tsige both worked for the Bank of Montreal but at
On occasion1, I tune into a longstanding television soap opera called, The Young and the Restless, as a distraction from the issues of everyday life. Most recently however, the soap opera did not act as a distraction, but rather reminded me of the societal challenges faced by employees who suffer from mental illness. As an
Following a two-year policy review process, the Ontario Workplace Safety and Insurance Board (“WSIB”) has recently published several new and revised policies, all of which became effective as of November 1, 2014. The review initiative came in response to challenges associated with determinations of “work-relatedness” and with the adjudication of claims involving pre-existing conditions; and indeed
For the past few years, work-related mental stress has been the subject of increasing attention from the media, as well as from government, regulatory bodies and other stakeholders. For example: In 2010, the Bill 168 amendments to Ontario’s Occupational Health and Safety Act formally recognized workplace harassment (together with workplace violence) as occupational health and
Legal fees and disbursements are important factors to be considered at every stage of litigation. Before commencing litigation, a party must assess whether the potential costs justify making a claim at all—i.e. “Does the amount I’ll likely recover outweigh the costs I’ll likely incur in recovering it?” Throughout the litigation, a prudent party will frequently
A recent decision of the Alberta Human Rights Commission takes a close look at the extent to which employers will need to address harassment to satisfy their obligations under the Alberta Human Rights Act (“Act”). The case dealt with the harassment of an Edmonton teacher who was harassed for two years by a Grade 8
In a case reported by the CBC last week, a Yellowknife woman said that she was distraught after a detailed report about her mental health was released to her employer. The woman has a mental illness and agreed to a psychiatric assessment because she was seeking various workplace accommodations. She says that she never agreed
A recent Alberta arbitration decision, Hinton Pulp, A Division of West Fraser Mills Ltd. v. Unifor Local 855, 2014 CanLII 57678 (AB GAA) illustrates how a lack of candour during an investigation can impact on the terms under which an employee is reinstated following a termination. The employer had terminated Thompson, a long-term employee with
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