Supreme Court of Canada Rules That Half-Truths, Omissions, and Silence May Breach the Duty of Honest Performance
In a recent decision, the Supreme Court of Canada (“SCC”) clarified and arguably expanded the duty of honest performance (often referred to simply as the “duty of good faith”),
Supreme Court of Canada Denies Leave to Appeal in Waksdale
On January 14, 2021, the Supreme Court of Canada released its judgment denying leave to appeal Waksdale v Swegon North America Inc [Waksdale], a bombshell decision by the Ontario Court of Appeal (“ONCA”)
Supreme Court of Canada: Federally Regulated Employers Only Need to Inspect Workplaces Under Their Control for Employees’ Safety
In a decision rendered just before the new year, the Supreme Court of Canada (“SCC”) clarified that federally regulated employers’ obligation to inspect workplaces for safety hazards only extends to parts of workplaces over which they have control. Most employers in Canada are provincially regulated, which means that they are subject to provincial legislation, such […]
Can an Employer Suspend an Employee Who is Accused of Workplace Harassment?
In the era of #metoo and #timesup, workplace harassment has become a hot-button issue for employers. Employees are increasingly becoming aware of their right to be free from harassment and other inappropriate behaviours in the workplace,
Supreme Court of Canada Takes Expansive Approach to Discrimination
The Ontario Human Rights Code protects people from discrimination in a variety of settings, including in employment.
Section 7 and the Right to Be Left Alone Outside of Work
Last month, the Supreme Court of Canada granted leave to appeal a judgment of the Federal Court of Appeal that overturned a determination of the Public Service Labour Relations and Employment Board (the “PSLREB”) that not compensating employees for on-call hours violated section 7 of the Canadian Charter of Rights and Freedoms (the “Charter”).
The Supreme Court of Canada to Consider the Applicability of Human Rights Protections
In October 2016, the Supreme Court of Canada (the “Supreme Court”) granted leave to appeal in British Columbia Human Rights Tribunal v. Edward Schrenk (“Schrenk”). The Supreme Court’s determination will likely have significant repercussions as to the scope of human rights protections in workplace settings.
Supreme Court Enhances Workers’ Charter Rights
In early 2015, the Supreme Court of Canada (the “SCC”) released three decisions in a two-week period that collectively expanded the reach of the constitutional right of freedom of association as it pertains to collective bargaining. Throughout the past thirty years, the SCC has periodically altered employees’ rights related to collective bargaining as provided by […]
Employers, Take Care when Suspending During Workplace Investigations
There was a time when workplace harassment—at least by today’s definition and standards—was relatively common across Canadian workplaces. Be it an inappropriate comment here or an unseemly touch there, these unwelcome advances were simply part of another day at the office.