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Post-Incident Drug Testing Policies In The Age Of Cannabis
What do low speed collisions, marijuana, and post-incident drug testing have in common? Those are the facts ...
Roper Greyell LLP
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B.C. Human Rights Tribunal Rules That Employer's Decision To Dismiss College Instructor For "Deeply Intolerant" Videos On YouTube Was Not Discriminatory
In Glebov v. Fraser International College, 2024 BCHRT 19, the B.C. Human Rights Tribunal (the "Tribunal") dismissed the human rights complaint of a college instructor who was terminated...Roper Greyell LLP - Article
Mind Your Manners: B.C. Human Rights Tribunal Orders Complainant To Pay $3,000 In Punitive Costs For Improper Conduct In The Complaint Process
In Dr. A. v. Health Authority, 2023 BCHRT 10, the B.C. Human Rights Tribunal ordered the complainant, Dr. A, to pay $3,000 in punitive costs for contravening the rules and orders of the Tribunal...Roper Greyell LLP - Article
Is That "Confidential" Investigation Report Actually Confidential?
An Ontario arbitrator has ruled that an investigation report prepared by a lawyer is not covered by solicitor-client or litigation privilege as a matter of right.Roper Greyell LLP - Article
Bill C-27: Federal Government Introduces Legislation Overhauling Canada's Federal Privacy Laws
On June 16, 2022 the Minister of Innovation, Science and Industry François-Philippe Champagne and the Minister of Justice and Attorney General of Canada David Lametti introduced Bill C-27, the Digital Charter Implementation Act (the "Act").Roper Greyell LLP - Article
British Columbia Announces Proposed Updates To The Freedom Of Information And Protection Of Privacy Act
On October 18, 2021, the Province announced significant proposed changes to the privacy legislation that governs public bodies.Roper Greyell LLP - Article
British Columbia Passes Bill 22 – Freedom Of Information And Protection Of Privacy Amendment Act, 2021
On October 19, 2021, we wrote about the proposed changes to B.C.'s Freedom of Information and Protection of Privacy Act contemplated in Bill 22 – 2021.Roper Greyell LLP - Article
Significant Changes Coming In 2023 For BC's Freedom Of Information And Protection Of Privacy Act
The Provincial government has recently confirmed the latest in a series of long-anticipated and significant changes to BC's Freedom of Information and Protection of Privacy Act ("FIPPA").Roper Greyell LLP - Article
Being Clear About Contractual Rights And Obligations Benefits Employers
A recent case out of Ontario demonstrates the importance of incorporating precise, unequivocal terms in an employment contract.Roper Greyell LLP - Article
Exercising Precaution In Applying The Precautionary Principle: The BCCA Sets Aside Arbitration Award On COVID-19 Vaccination Policy
On September 15, 2021, amid the height of the COVID-19 pandemic, Purolator Canada Inc ("Employer") introduced a mandatory vaccination policy known as the COVID-19 Safer Work Policy (the "SWP")...Roper Greyell LLP - Article
BC Court Of Appeal Confirms Canada Labour Code Termination Clause Is Enforceable
In welcome news for employers, the B.C. Court of Appeal in Egan v. Harbour Air Seaplanes LLP, 2024 BCCA 222, has confirmed that a termination clause that incorporates the requirements...Roper Greyell LLP - Article
Calculating Damages For Unjustly Dismissed Federally Regulated Employee
The Canada Labour Code is a unique creature. Unlike non-union provincially regulated employees in most Canadian jurisdictions, federally regulated employees who have more than 12 months' service...Roper Greyell LLP - Article
Employer Not Vicariously Liable For Claim Of Defamation Brought By Former Unionized Employee
In Pereira v. Dexterra Group Inc., 2022 BCSC 1481, the B.C. Supreme Court dismissed a claim of defamation brought by a unionized employee in respect of conduct occurring before and after the termination...Roper Greyell LLP - Article
No Free Lunch: Just Cause Dismissal Upheld In The Case Of Misconduct And The Employee's Dishonesty In The Investigation Of That Misconduct
In Mechalchuk v. Galaxy Motors (1990) Ltd., 2023 BCSC 635, the B.C. Supreme Court upheld the just cause dismissal of an employee who had: (1) submitted receipts which he suggested...Roper Greyell LLP - Article
Non-Culpable Misconduct Does Not Attract Discipline
In British Columbia Ferry Services Inc. v. British Columbia Ferry and Marine Workers’ Union (Failure to Report to Work Grievance), [2025] B.C.C.A.A.A. No. 117 (Matthews), Arbitrator Brett Matthews held the employer’s...Roper Greyell LLP - Article
Privacy Versus Public Interest: Anonymity At The B.C. Human Rights Tribunal
Complaint proceedings before the B.C. Human Rights Tribunal (the "Tribunal") are presumptively public.Roper Greyell LLP - Article
Sex And Family Status Discrimination Substantiated By Employer's Preference For Replacement Employee
In LaFleche v. NLFD Auto Ltd. dba Prince George Ford (No. 2), 2022 BCHRT 88, the BC Human Rights Tribunal (the "Tribunal") awarded $78,625 to a complainant after finding that she suffered...Roper Greyell LLP - Article
British Columbia Exemption From The Controlled Drugs And Substances Act: Considerations For Employers
As of January 31, 2023, an exemption to the Controlled Drugs and Substances Act, S.C. 1996, c. 19 (the "Act") will allow adults in B.C. to possess small amounts of certain controlled...Roper Greyell LLP - Article
Challenges With Removing A Matter From Fast Track Litigation
Fast track litigation limits the recovery of legal costs to $11,000, unless the court orders otherwise.Roper Greyell LLP - Article
Lessons From B.C. Human Rights Tribunal Decision Lau v. Village Food Markets
In response to COVID-19, the B.C. Human Rights Tribunal (the “Tribunal”) experienced a flood of complaints related to mask mandates.Roper Greyell LLP