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  • Article

    Modern Slavery: 2021 Brings New Pressure On Canadian Businesses To Manage Supply Chain Forced Labour Risks

    As part of the implementation of the Canada-United States-Mexico Agreement (CUSMA), the Customs Tariff Act was amended on July 1, 2020.
    CanadaGovernment, Public Sector
    Gowling WLG
    Gowling WLG
  • Article

    Restaurant Fined For Failure To Accommodate Patron With Psychological Disabilities

    In P.G.v. Groupe Restaurant Imvescor Restaurant Group Inc. o/a Baton Rouge Restaurant ("Groupe"), the Human Rights Tribunal of Ontario ("HRTO") awarded $12,000 in damages against a franchise restaurant ...
    CanadaGovernment, Public Sector
    Norton Rose Fulbright Canada LLP
Norton Rose Fulbright Canada LLP
  • Article

    Divisional Court Upholds The Law Society Of Upper Canada's Decision Regarding Trinity Western University

    On July 2, 2015, the Ontario Divisional Court released its decision in TrinityWestern University & Braydon Volkenant v. The Law Society of Upper Canada. Borden Ladner Gervais LLP acted on behalf of the Law Society.
    CanadaLitigation, Mediation & Arbitration
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Courts Continue Trend Of Deferring To COVID-19 Policies In McMaster's Vaccine Mandate Decision

    Michalski v McMaster University, 2022 ONSC 2625 is the first Ontario court decision to address a challenge to the merits of a public sector COVID-19 vaccination policy.
    CanadaCoronavirus (COVID-19)
    Torys
    Torys
  • Article

    Mandatory Vaccinations And Human Rights Update

    As of September 13, 2021, proof of a COVID-19 vaccination is required in British Columbia to access various social, recreational, and public services.
    CanadaCoronavirus (COVID-19)
    Miller Titerle + Company
    Miller Titerle + Company
  • Article

    Oh Snap!: Franchisors May Be Liable for Human Rights Complaints Initiated By Employees Of Franchisees In British Columbia

    The Tribunal was clear that each franchise relationship will be governed by the franchise agreement.
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Challenging The Safe Streets Act

    Gerry suffered from alcoholism and undiagnosed mental health issues, but is a very different person today.
    CanadaCriminal Law
    Devry Smith Frank LLP
    Devry Smith Frank LLP
  • Article

    #Familystatus: A Top Trend In 2015 Canadian Employment Law

    Several of our publications this year have outlined several court's consideration of "family status" under human rights legislation regarding an employer's obligation to accommodate an employee with respect to childcare duties.
    CanadaEmployment and HR
    Cox & Palmer
    Cox & Palmer
  • Article

    28 Years Later: Constitutional Right To Strike Confirmed By Supreme Court

    Nearly 28 years after former Chief Justice Brian Dickson wrote passionate – yet dissenting – reasons in favour of extending constitutional protection to the right to strike, the Supreme Court of Canada has taken up his call.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    Alberta Human Rights Decision Highlights Employer’s Responsibility To Accommodate Childcare Obligations As Family Status

    In Clark v Bow Valley College, (2014 AHRC 4), Ms. Leah Clark filed a human rights complaint on April 11, 2011 against her employer, Bow Valley College, (the "College"), that was heard by the Alberta Human Rights Tribunal.
    CanadaEmployment and HR
    DLA Piper
    DLA Piper
  • Article

    AODA Customer Service Standard Changed July 1

    Welcome back from your early summer vacation - Changes to the Customer Service Standard under the Accessibility for Ontarians with Disabilities Act, 2005 ("AODA") came into effect on July 1.
    CanadaEmployment and HR
    Stringer LLP
    Stringer LLP
  • Article

    Back To The Office: Legal Considerations For Employers

    On March 1, 2022, the Province of Alberta entered stage 2 of the Government's three-stage process for easing COVID-19 restrictions, which resulted in the lifting of nearly all remaining public health restrictions...
    CanadaEmployment and HR
    Field Law
    Field Law
  • Article

    Canadian Workplaces Are Full Of Joe Bidens

    Canadian workplaces are full of Joe Bidens — older employees who are past their prime, show cognitive decline, and are impossible to get rid of
    CanadaEmployment and HR
    Levitt LLP
    Levitt LLP
  • Article

    Court Of King's Bench Of Alberta Establishes Tort Of Harassment

    In the decision Alberta Health Services v Johnston, the Court found Kevin Johnston, an online talk show host and candidate in Calgary's mayoral election, had defamed and harassed an Alberta...
    CanadaEmployment and HR
    McLennan Ross LLP
    McLennan Ross LLP
  • Article

    Does A Mandatory Retirement Policy In A Partnership Agreement Constitute Age Discrimination Under The Human Rights Code? Not In This Case, Says The B.C. Court Of Appeal

    In a recent decision of the British Columbia Court of Appeal, Fasken Martineau DuMoulin LLP v. British Columbia (Human Rights Tribunal), the Court held that an equity partner of a law firm partnership was not considered an "employee" for the purposes of the British Columbia Human Rights Code (the "Code").
    CanadaEmployment and HR
    Dale & Lessmann LLP
    Dale & Lessmann LLP
  • Article

    Double The Previous Record Awarded In Damages For Sexual Harassment

    As we have noted in previous updates, the size of general damages awarded by human rights tribunals has trended sharply higher in recent years.
    CanadaEmployment and HR
    Stringer LLP
    Stringer LLP
  • Article

    Employers, Pay Attention: Google Searches Will Not Replace Tailored Accommodation

    Recently, the Human Rights Tribunal of Ontario released a decision wherein the employer failed to meet its duty to accommodate an employee diagnosed with Attention Deficit Hyperactivity Disorder.
    CanadaEmployment and HR
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    Exacerbation As Discrimination: Accommodating Pre-existing Disabilities In The Workplace

    In Tyler v. City of Powell River, 2025 BCHRT 316, the B.C. Human Rights Tribunal dismissed a complaint of employment discrimination on the ground of mental disability that had been brought...
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Has Your Workplace Become Toxic?

    Workplaces are often defined differently by different employees. Positive work environments are commonly labelled as welcoming, collaborative, empowering, inclusive, and so on.
    CanadaEmployment and HR
    Levitt LLP
    Levitt LLP
  • Article

    Health And Safety Trump Religious Freedom

    On September 21, 2016, the Honourable Mr. Justice André Prévost of the Superior Court rendered judgment in the case of Singh et al. v. Montréal Gateways Terminals et al.
    CanadaEmployment and HR
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
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