The phrase “call an Uber” has become a ubiquitous part of modern parlance, just as the service itself has become a common feature of how people get from point A to point B. The ride-sharing service is now available in hundreds of cities around the world, and has transformed the personal transportation industry. But the […]
As the two official languages of Canada, French and English form the bedrock of our legal system, and their usage is a constitutionally protected right found in both the Constitution Act, 1867 (“Constitution”) and the Canadian Charter of Rights and Freedoms (“Charter”). With such a high level of recognition and protection, one might assume the […]
Introduction In December 2018, the Supreme Court of Canada [“SCC” or the “Court”] will hear a trio of appeals that will revisit the current standard of judicial review for administrative tribunal decisions (Bell Canada, et al. v Attorney General of Canada, docket 37896; Minister of Citizenship and Immigration v Alexander Vavilov, docket 37748; and National Football […]
Introduction On May 10, 2018, the Supreme Court of Canada [“SCC” or the “Court”] rendered its judgment for Centrale des syndicats du Québec v Quebec (Attorney General), 2018 SCC 18 [Centrale], an appeal of a provision in Quebec’s Pay Equity Act SQ 1996 [the “Act”]. Section 38 legislatively created a delay in the relief afforded to some […]
Should an employer have the right to dismiss an unionized employee without a grievance process? What if the employer is the President of the National Assembly of Quebec? This post reviews the scope of parliamentary privilege in an employer-employee relationship, noting that if parliamentary privilege does indeed exist, the dismissal of an unionized employee is […]
Around the world, there is fierce debate about whether Uber drivers should be characterized as customers, independent contractors, or employees. In January 2018, the ONSC released its ruling in the closely watched case Heller v Uber Technologies Inc, 2018 ONSC 718 [Heller]. At issue was whether or not the Plaintiff, David Heller, could commence a […]
On December 15th 2017, the Supreme Court released its decision in British Columbia Human Rights Tribunal v Schrenk, 2017 SCC 62 [Schrenk], which deals with the question of whether discrimination “regarding employment” can ever be perpetrated by someone other than the complainant’s employer or superior in the workplace. The following post will discuss the case […]
When an employee makes a claim for common law wrongful dismissal damages, he or she is required to make reasonable efforts to mitigate personal damages. Mitigation often requires the employee to try and attain another job in the period after his or her dismissal. Any income earned within the common law reasonable notice period is […]
The contentious issue of severability clauses within the realm of employment law rears its head again in North v Metaswitch Networks Corporation, (Superior Court File # CV-16-2485-00, Ontario Court of Appeal File # C62624) [North], a case recently argued before the Ontario Court of Appeal (“ONCA”). A past review by TheCourt.ca of a pertinent case […]
The Temporary Foreign Worker (TFW) Program allows employers to recruit workers from abroad when qualified Canadian citizens or permanent residents are not available. The Program was created in 1973 to allow Canadian employers to hire foreign nationals to fill gaps in their workforces on a temporary basis. It is jointly managed by Human Resources and […]