ArticleMandatory Retirement In Professional Services FirmsOn May 22, 2014, the Supreme Court of Canada released its decision in "McCormick v Fasken Martineau DuMoulin LLP". CanadaEmployment and HRBennett Jones LLP
ArticleMisgendering Employees Can Result In Damages Against EmployersGender identity is a protected characteristic under The Human Rights Code in Manitoba, and was clearly defined and explained in the 2019 decision, T.A. v Manitoba, 2019 MBHR 12:CanadaEmployment and HRThompson Dorfman Sweatman LLP
ArticleObjective Evidence Required When Attempting To Limit Or Deny An Employee's Accommodation RequestRecent Ontario human rights jurisprudence has reaffirmed many of the principles associated with the employer's duty to accommodate.CanadaEmployment and HRMcCarthy Tétrault
ArticleQuebec Human Rights Tribunal Orders Large Damage Award Against BombardierOn November 29, 2010, Bombardier Inc. was ordered by the Quebec Human Rights Tribunal to pay over $300,000 in damages to a Muslim pilot of Pakistani origin.CanadaEmployment and HRStikeman Elliott LLP
ArticleRecent Developments In Ontario In Employment And Human Rights LawThere were two interesting developments in Ontario this month in employment and human rights law.CanadaEmployment and HRLawson Lundell LLP
ArticleReligious Accommodations @ Work: Reminder from the Ontario Human Rights TribunalIn a recent decision, the Human Rights Tribunal of Ontario ("the Tribunal") decided in favour of two teenaged employees who were fired for refusing to work on a religious holiday.CanadaEmployment and HRNorton Rose Fulbright Canada LLP
VideoS-211: Canada's Fighting Against Forced Labour And Child Labour In Supply Chains Act (Video)Join Gowling WLG partner, Stephen Pike and Senator Julie Miville-Dechêne of the Senate of Canada, as they discuss S-211, Canada's Fighting Against Forced Labour and Child Labour...CanadaEmployment and HRGowling WLG
ArticleS.C.C. Gives The Right To Strike Constitutional Protection For The First TimeThe recent decision of the Supreme Court of Canada in Saskatchewan Federation of Labour v. Saskatchewan recognized for the first time a constitutional right to strike for employees. CanadaEmployment and HRMiller Thomson
ArticleTake Pride: Celebrating And Accommodating InclusionA notable development is the amendments made by the Province of British Columbia on July 25th to the BC Human Rights Code to add "gender identity or expression" as a prohibited ground of discrimination.CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleThe Limits On The Duty To AccommodateA recent case from the Human Rights Tribunal of Ontario provides guidance to employers on the extent of the duty to accommodate.CanadaEmployment and HRStringer LLP
ArticleThe Sweet Smell Of Human Rights: Tribunal Finds Employee Not Discriminated Against Due To Scent SensitivitiesThe Human Rights Tribunal of Ontario has ruled that an employee with a hypersensitivity to certain scents did not experience discrimination in employment as a result of her employer’s inability to snuff out all smells in the workplace.CanadaEmployment and HRDentons Canada LLP
ArticleUpdate For Federally-Regulated Employers: Pay Equity Act Comes Into Effect On August 31, 2021According to the most recent data from Employment and Social Development Canada, women are still paid 89 cents for every dollar a man earns.CanadaEmployment and HRAird & Berlis LLP
ArticleWords Matter: Protection From Discrimination And Hate Expressly Extends To "Gender Identity Or Expression"Employers are increasingly taking pride in their support of gender diversity in their workplaces.CanadaEmployment and HRMcInnes Cooper
ArticleDodging The Corporate Veil - Recent Attempts To Hold Companies Liable For The Actions Of Their Foreign SubsidiariesAny Canadian resource company with operations abroad should be aware of the emerging trend of lawsuits against Canadian mining companies seeking damages for the alleged actions of their foreign subsidiaries.CanadaEnergy and Natural ResourcesBorden Ladner Gervais LLP
ArticleClearing The Smoke: Bill 36 And OHRC Policy Statement Provide Further Direction On Managing Legalized CannabisWhen October 17, 2018 rolled around many employers were still questioning what the rules were around legalized marijuana.CanadaFood, Drugs, Healthcare, Life SciencesCCPartners
ArticleDoctors’ Religious Beliefs vs. Patients’ Rights: The Thin Edge Of The WedgeIn case you've missed it, there is currently a heated discussion raging over doctors who refuse to provide treatment on moral or religious grounds.CanadaFood, Drugs, Healthcare, Life SciencesTTL Health Law
ArticleAlberta Human Rights Commission Issues Guidance On Vaccine MandatesThe Alberta Human Rights Commission ("AHRC") recently issued written guidance on vaccine mandates and proof of vaccination. Here are a few key takeaways for employers, service providers, and landlords...CanadaGovernment, Public SectorField Law
ArticleB.C. Human Rights Tribunal Dismisses Family Status Complaint, Reminds Employers To Consider Proactive Dialogue To Avoid LitigationEarly last year, we blogged about the British Columbia Court of Appeal's decision in Envirocon Environmental Services, ULC v. Suen, 2019 BCCA 46, where the Court of Appeal confirmed that...CanadaGovernment, Public SectorLawson Lundell LLP
ArticleBritish Columbia To Reinstate Human Rights CommissionB.C. Premier John Horgan announced earlier this month that the province will reinstate its Human Rights Commission.CanadaGovernment, Public SectorStringer LLP