Employment Law
When Is an "Owner" an "Employer"? SCC Grants Leave in Corporation of the City of Greater Sudbury v Ministry of the Attorney General
It has been common practice in Ontario for an owner of a construction project to pass off most or all of the responsibility of following workplace health and safety requirements to a third party hired to direct the project (R v Greater Sudbury (City), 2019 ONSC 3285 [Greater Sudbury], para 34). However, the Ontario Court […]
ONCA Advances Pay Equity Legislation Enforcement of Proxy Method in Ontario Nurses’ Association v Participating Nursing Homes
On March 9, 2021, the Ontario Court of Appeal (“ONCA”) ruled in favour of Ontario Nurses Association (“ONA”) and Service Employees International Union (“SEIU”) Local 1 on the pay equity case Ontario Nurses’ Association v Participating Nursing Homes, 2021 ONCA 148 [ONA v PNH]. The case was a judicial review of the Pay Equity Hearings […]
SCC Denies Leave to Appeal from Ontario Decision Voiding More Employment Termination Clauses
In Ontario, one invalid termination clause in an employment contract will now render all of the contract’s termination provisions void.
Matthews v Ocean Nutrition: Departed employee awarded $1M bonus from company’s sale during notice period
A dismissed employee is entitled to a bonus that vests during their notice period, absent clear contractual language to the contrary.
No “Rule of Uber”: Arbitration Clause Found Unconscionable in Uber Technologies v Heller
This summer, the Supreme Court of Canada ruled that Uber drivers can pursue their claim that they are employees in an Ontario court. In Uber Technologies Inc v Heller, 2020 SCC 16, a majority of judges held that a mandatory arbitration clause in Uber's driver contracts was unconscionable and thus invalid. The drivers’ proposed $400 […]
Appeal Watch: Jurisdictional Questions between Human Rights Tribunals and Labour Arbitrators
The question of overlapping jurisdiction between a human rights tribunal and a labour arbitrator on a complaint of discrimination is set to reach the Supreme Court of Canada (“SCC”), following the granting of a leave to appeal for Northern Regional Health Authority v Manitoba Human Rights Commission, 2017 MBCA 98 [Northern Regional], last month. Background […]
Modern Cleaning Concept v Comité Paritaire: Franchisee, Employee or Both?
Can franchisees be legally considered employees of a franchisor? Prior to Modern Cleaning Concept v Comité Paritaire, 2019 SCC 28 [Modern Cleaning], we may have thought this possibility would be precluded by the business-to-business quality inherent to a franchise. However, in Modern Cleaning, the Supreme Court of Canada (“Court” or “SCC”) interprets Québec legislation to […]
West Fraser Mills Ltd. v BC (Workers’ Compensation Appeal Tribunal) : Recognizing the Complexities of Workplace Safety
Courts have forever grappled with defining the legal scope of liability between various parties in society. The Supreme Court of Canada (“SCC” or the “Court”) released a decision in West Fraser Mills Ltd v BC (Workers’ Compensation Appeal Tribunal), 2018 SCC 22 [West Fraser], which upheld a claim of workers compensation against a non-employer.