Labour & Employment law

  • B.C. and Alberta take starkly different approach to labour reforms

    B.C. and Alberta take starkly different approach to labour reforms

    May 29, 2019

    In Western Canada, labour and employment law is evolving along two distinct paths, with governments in British Columbia and Alberta both in the process of passing labour law reforms.

  • McInnes Cooper launches set-fee training program

    McInnes Cooper launches set-fee training program

    May 8, 2019

    After years of debating, discussing and deliberating the possibility of offering training programs for clients and prospective clients, McInnes Cooper has launched MC Legal Lab.

  • Cleaner was employee and not independent contractor under Quebec statute, SCC rules

    Cleaner was employee and not independent contractor under Quebec statute, SCC rules

    May 3, 2019

    A cleaner who had a franchise agreement with a cleaning company was an employee and not an independent contractor pursuant to Quebec’s Act Respecting Collective Agreement Decrees, the Supreme Court of Canada ruled today in a 6-3 decision.

  • Change breeds opportunity: Top 10 Ontario Regional Firms

    Change breeds opportunity: Top 10 Ontario Regional Firms

    Mar 4, 2019

    Despite a rollercoaster stock market, tariffs and trade renegotiations and a new provincial government, Ontario’s top regional firms have had a prosperous year and expect more of the same for 2019.

  • In-house lawyers look to tidy up IP, employment issues

    In-house lawyers look to tidy up IP, employment issues

    Feb 4, 2019

    The new year is always a good time to take stock and do some tidying up. In speaking to some in-house counsel it seems they all might benefit from the legal department equivalent of applying Japanese consultant Marie Kondo’s philosophy around decluttering when it comes to IP issues and labour and employment law challenges — take inventory and find order around the various patents and trademarks and employment law legislative challenges that linger in the corners.

  • Contracting in the gig economy

    Contracting in the gig economy

    Nov 26, 2018

    Once upon a time — in our own land, not far away — a person went to work for a company or set up their own practice, and they stayed for 30, 40, even 50 years.

  • Is review of Ontario labour legislation first 'shot across the bow' ?

    Is review of Ontario labour legislation first 'shot across the bow' ?

    Oct 10, 2018

    Lawyers say the Ontario government’s plan to review and possibly reverse its predecessor's labour and employment reforms is a regressive move on necessary changes in the province.

  • Undue hardship cited in medical marijuana ruling

    Undue hardship cited in medical marijuana ruling

    Sep 30, 2018

    For employers concerned about the growing use of medical marijuana by employees, a recent decision provides more answers — and perhaps some comfort — when it comes to accommodation.

  • Employee who alleged sexual harassment can be intervener at wrongful-dismissal trial

    Employee who alleged sexual harassment can be intervener at wrongful-dismissal trial

    Sep 27, 2018

    A woman who was allegedly sexually harassed by a co-worker — whose employment was subsequently terminated and who now claims damages for wrongful dismissal — has been granted intervener status in the upcoming trial in what may be a first in Canada.

  • B.C. salesman gets six months pay in lieu of notice after six months work

    B.C. salesman gets six months pay in lieu of notice after six months work

    Sep 4, 2018

    A British Columbia man has been awarded six months pay in lieu of notice after being dismissed from a sales job at a company that hired him away from his job and then let him go after just six months of employment.

  • Marijuana and the workplace

    Marijuana and the workplace

    Jul 3, 2018

    What challenges will the impending legalization bring for employers?

  • Do you have Bill 148 under control? Don’t lose sight of these key provisions

    Do you have Bill 148 under control? Don’t lose sight of these key provisions

    Jul 3, 2018

    By now, employers are largely familiar with Bill 148 and how it has affected employment relations generally by raising the minimum wage, increasing vacation pay and otherwise amending the Employment Standards Act, 2000.

  • Retailers squeezed by new rules

    Retailers squeezed by new rules

    Jul 3, 2018

    Ontario’s updated employment laws have dominated public discussion for most of the past year. But while many have focused on the increased minimum wage, restaurants and retailers are dealing with changes that are harder to calculate, like new calculations for holiday pay, equal pay for equal work requirements and changes to scheduling.

  • The traditional workplace revisited

    Jun 18, 2018

    How can lawyers and law firms adjust to the changing workplace? In this issue, we explore how work is changing for lawyers as well as their clients.

  • Managing #MeToo

    Managing #MeToo

    Jun 18, 2018

    Workplaces across Canada are finally acknowledging the need to address sexual misconduct.

  • Planning to grow your contingent workforce in Alberta?

    May 22, 2018

    An Act to Protect the Health and Well-Being of Working Albertans (Bill 30) has amended the definition of “employer” in Alberta's Occupational Health and Safety Act.

  • No 24-month cap on wrongful dismissal damages

    Apr 16, 2018

    Whether it comes to negotiating a severance package or determining the period over which damages are calculated in a wrongful dismissal lawsuit, 24 months has generally been regarded, save in the most exceptional circumstances, as the unofficial cap on reasonable notice.

  • New Brunswick lawyers support bill that would allow for domestic violence leave

    New Brunswick lawyers support bill that would allow for domestic violence leave

    Feb 28, 2018

    Lawyers in New Brunswick are showing support for bill 44, but the lack of specifics has them questioning what the finished legislation will actually look like.

  • Employment contract termination clauses may not be worth the risk

    Feb 5, 2018

    First, the good news: This article is not about Ontario’s Bill 148 or minimum wage. Now, the bad news: This is the fourth article I have written for this publication within the last year and a half about the uncertainty and lack of predictability in drafting and interpreting termination without cause provisions in employment contracts. This is due to seemingly conflicting (or hard-to-decipher) decisions from the Court of Appeal for Ontario over that time.

  • Former tax lawyer takes feds to court over pension payout

    Former tax lawyer takes feds to court over pension payout

    Jan 30, 2018

    A retired tax lawyer for the federal government sued his former employer because he alleges the government failed to fulfil its duty of care in regard to giving him complete and accurate information about his pension options.