Upcoming Webinar: September 23, 2021 @ 12:30 P.M. (ET)  |  Nine Months into Bill C-65: Where are we?  |  Register Today!

Serious insight for serious situations.

Serious insight for serious situations.

Out of time, out of luck

I recently represented a client at a prehearing before the Ontario Human Rights Tribunal (the “Tribunal”), arguing that an application filed 2 months after the 1-year deadline set by the Tribunal should be dismissed as untimely. We were successful and the application, which was filed 14 months after an allegedly discriminatory dismissal, was dismissed in

Read More

What the proposed PTSD protections may signal for the future of workplace mental illness laws

There has been a great deal of media coverage in recent months regarding the effects of Posttraumatic Stress Disorder (PTSD) on “first responders” (i.e. police, fire, and paramedic personnel).  It is generally understood that these professions, along with doctors, nurses, correctional officers, and military personnel are the most likely to experience PTSD as a result

Read More

Failure to disclose addiction pursuant to company policy justifies employee dismissal

Supporting an employee coping with an addiction is a challenging workplace issue particularly where human rights legislation requires accommodation of employees facing addiction and dependency. But what happens when the employee denies having an addiction and it can or does affect the core duties of the employee? That’s precisely the circumstance that Elk Valley Coal

Read More

Do your job postings measure up?

When was the last time your measurements were required for a job? That is precisely the type of information you needed to supply if you were going to apply for the “receptionist/fit model” role with retailer, Lorna Jane. The position combined the role of receptionist and fit model, with the latter requiring the applicant to

Read More

What’s the fix to ending a fixed-term contract early?

Fixed-term contracts are those that anticipate and set out a certain length of employment. But what if the parties want to bring the relationship to an end within the fixed-term? Is the employer on the hook to pay for the remaining term? This was precisely the question before the Ontario Superior Court of Justice recently.

Read More

Privacy breach by employee could have price tag for employer

A recent certification of a class action in the case of Evans v. Bank of Nova Scotia highlights the potential liability that Ontario employers can face for privacy breaches by their employees. Two years ago, the Ontario Court of Appeal (in the case of Jones v. Tsige) recognized the tort of intrusion upon seclusion in

Read More

B.C. Human Rights Tribunal tackles complainant credibility

The extent to which an investigation report must be disclosed is not yet a settled issue in the case law. While solicitor-client privilege is at times used by lawyers to withhold reports from the parties, a recent decision from British Columbia’s Office of the Information and Privacy Commissioner (the “IPC”) has now added privacy legislation

Read More