ArticleCase Note: Dismissal Of Employee With No Previous Disciplinary Record UpheldThe grievor was employed in a position that gave her access to the Picture Archiving & Communication System (PACS) system. CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleCase Note: Duty To Mitigate Does Not Require Employee To Accept Diminished RoleThe Court of Appeal upheld the award of 24 months' salary in lieu of notice for a 38-year employee who was 58 years of age at the time of his dismissal.CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleCase Note: Employee Absenteeism Justifies Summary DismissalThe Ontario Labour Relations Board overturned an employment standards officer's direction to an employer to pay $11,000 to a terminated employee in Exel Canada Ltd v McCarthy, 2014 CanLII 19404.CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleCase Note: Employer's Clandestine Video Surveillance Excluded From ArbitrationA BC arbitrator refused to admit clandestine video surveillance evidence in support of a termination of a 34-year employee in Unifor, Local 433 v Crown Packaging Ltd., 2014 CanLII 18105.CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleCase Note: Federal Expenditure Restraint Act Not Contrary To Freedom Of Association Of Unionized EmployeesAn Ontario court held in The Professional Institute of the Public Service of Canada v. Canada, 2014 ONSC 965 that the federal Expenditure Restraint Act was not contrary to the freedom of association of unionized employees under s. 2(d) of the Canadian Charter of Rights and Freedoms.CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleCase Note: Interim Order Permitting Drug And Alcohol Testing To Continue UpheldIn Teck Coal Limited v United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Local Union No 9346, 2014 CanLII 5829, the BC Labour Relations Board upheld the interim order of an arbitrator that had permitted the employer to continue testing pending a decision on the union’s grievance against the employer’s mandatory random alcohol and drug policy.CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleCase Note: New Ontario Human Rights Commission PolicyThe Ontario Human Rights Commission issued a new Policy on Preventing Discrimination because of Gender Identity and Gender Expression.CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleCase Note: New Seriously Ill Family Member Leave In AlbertaAmendments to the Alberta Employment Standards Code came into effect, extending job protection to employees who require leaves of absence to care for seriously ill family members. CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleCase Note: Racial Discrimination Complainant Awarded 18 Months Income And General DamagesCromwell v Leon's Furniture Limited, 2014 CanLII 16399, a Nova Scotia human rights board of inquiry found that the complainant had been subjected to racially discriminatory comments and differential treatment by her manager...CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleCase Note: Random Drug And Alcohol Policy Struck DownAn Alberta arbitration board allowed the union's policy grievance and struck down the employer's random drug and alcohol testing policy in Unifor, Local 707A v Suncor Energy Inc, 2014 CanLII 23034.CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleCase Note: Specific Labour Relations Regime Imposed On RCMP MembersThe Supreme Court heard argument and reserved judgment on appeal from an Ontario Court of Appeal decision addressing RCMP collective bargaining.CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleCase Note: Standards Used To Assess Foreign Educational Credentials Considered DiscriminatoryInMihaly v The Association of Professional Engineers, Geologists and Geophysicists of Alberta, 2014 AHRC 1, an Alberta Human Rights Tribunal held that the standards used by the Association of Professional EngineersCanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleCoverage For Post-Traumatic Stress Disorder (PTSD) Broadened In ManitobaThe Manitoba government is introducing new amendments to the Workers Compensation Act that would make it easier for employees to have post-traumatic stress disorder (PTSD) recognized as a work-related occupational disease. CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleNew Brunswick Announces Commission To Study Hydraulic FracturingThe Canadian province of New Brunswick has appointed a three person Commission to study if the moratorium on hydraulic fracturing should be lifted. CanadaEnergy and Natural ResourcesNorton Rose Fulbright Canada LLP
ArticleStudy Concludes That Fracking Does Not Increase Methane Levels In Drinking WaterOver the past couple of years, the number of studies related to the alleged environmental impact from hydraulic fracturing have increased dramatically. CanadaEnergy and Natural ResourcesNorton Rose Fulbright Canada LLP
ArticleIP Monitor - Hurry Up And Slow Down: Delay In Canadian Trademark Law Catching Up With The WorldOn October 16, 2015, Ms. Johanne Bélisle, Commissioner of Patents, Registrar of Trademarks and Chief Executive Officer at the Canadian Intellectual Property Office (CIPO), gave a keynote address at the Annual Meeting of the Canadian Intellectual Property Institute (IPIC) ..CanadaIntellectual PropertyNorton Rose Fulbright Canada LLP
ArticleNouvelles estimations pour l'entrée en vigueur au Canada d'accords internationaux sur les marques de commerceLe 16 octobre 2015, Mme Johanne Bélisle, Commissaire aux brevets, Registraire des marques de commerce et Présidente de l'Office de la propriété intellectuelle du Canada (OPIC) a prononcé une allocution durant l'Assemblée annuelle de l'Institut de la propriété intellectuelle CanadaIntellectual PropertyNorton Rose Fulbright Canada LLP
ArticlePI 2.0 : La Modernisation Du Cadre Opérationnel Canadien De La Propriété IntellectuelleLe 28 avril dernier, à notre bureau de Montréal, nous avons organisé une conférence portant sur les principales modifications touchant la propriété intellectuelle au Canada...CanadaIntellectual PropertyNorton Rose Fulbright Canada LLP
ArticleWebinar: What's New? Key Developments In Privacy LawOn May 6th, we hosted a webinar on some of the top privacy issues facing businesses today and what they can do to ensure compliance with changes in Canadian privacy law.CanadaPrivacyNorton Rose Fulbright Canada LLP
ArticleWebinar: The Right To Be Forgotten - Privacy Versus Access To Information In The Digital AgeOn April 14th, we hosted a webinar highlighting issues on privacy and access to information in the digital age. WorldwidePrivacyNorton Rose Fulbright Canada LLP