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Employment and labour relations law is multifaceted. Laws governing the relationship between organizations and their employees are constantly changing and can differ significantly from province to province, country to country and industry to industry.

McMillan’s Employment and Labour Relations Group advises Canadian and international clients on all aspects of provincial and federal employment and labour law, delivering practical counsel that is focused on protecting our clients’ interests while adhering to the law.

We help organizations define employment relationships and employee obligations at the best possible time—at the point of hiring. We help create effective employment agreements, customized to each client’s unique needs and governing legislation, that assist both parties in understanding the expectations of the position and the terms that will guide their working relationship.

While our focus is on helping implement employment and labour relations practices that minimize potential conflict, we recognize that disputes are sometimes unavoidable. When they occur, we provide clients with strong, effective representation that advocates for their best interests. We have represented clients at all levels of provincial and federal courts, human rights tribunals, labour relations boards, arbitration and government administrative bodies.

McMillan’s employment law experts are ready to help clients with:

  • Designing customized employment agreements and workplace policies in compliance with applicable laws
  • Establishing performance management processes
  • Advising on employee dismissals, severance arrangements and termination documents
  • Counseling on response to demand letters and claims subsequent to dismissals
  • Advising on wrongful dismissal actions
  • Establishing workplace privacy policies
  • Advising on employment issues relative to mergers and acquisitions.

Other areas in which McMillan’s Employment and Labour Relations Group is skilled include executive compensation; workplace harassment and discrimination policies and procedures; labour arbitration; labour relations; pension legislation; business immigration; and employment litigation.

In these areas, some of the aspects in which McMillan’s employment and labour lawyers offer expertise include:

  • Creating compensation arrangements for domestic employees and foreign workers;
  • Counseling on options regarding equity plans, deferred compensation arrangements, pensions and benefits, retirement plans, pay-for-performance, taxation and corporate governance
  • Advising on the impact of mergers and acquisitions on executive compensation and employment issues
  • Advising on appropriate organizational policies and procedures to address workplace harassment and discrimination allegations
  • Defending harassment and discrimination claims made in connection with wrongful dismissal actions
  • Drafting comprehensive disability leave policies and establishing return-to-work plans and accommodation steps
  • Advising on collective bargaining
  • Counselling on strikes and lockouts—drafting communications on the employer’s behalf and securing injunctive relief
  • Providing pension advice, document preparation and review of plan governance, administration and member services, investment management, and compliance monitoring
  • Negotiating with third-party service providers and documenting service arrangements
  • Assisting with a wide range of business immigration documents
  • Advising on the impact of mergers, acquisitions and other business transactions on existing foreign worker work permits
  • Counselling on the range of options for settling labour disputes including mediation and recommending an appropriate approach
  • Acting for clients throughout the litigation process, including before trial and appellate courts, where mediation is not successful.

Primary Contacts

View All Contacts
Shari Munk-Manel
Office Management Partner, Montréal
Partner | Employment & Labour Relations
Dianne Rideout
Partner, Employment & Labour Relations
Martin J. Thompson*
Office Management Partner, Ottawa
Partner | Employment & Labour Relations

Deals and Cases

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The Tide Turns: Positive Decision for Employers Seeking to Enforce Stock Agreements

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The “Right to Disconnect”, a Ban on some Non-Compete Agreements and other Amendments Proposed to the Employment Standards Act, 2000

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Major Canadian Banks Join Net-Zero Banking Alliance (NZBA) — Unpacking the Initiative and Net-Zero Commitments

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Tuesday, November 2, 2021
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Vaccination Mandates in the Construction Industry – What You Need to Know

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Mandatory Vaccinations for Public Service and Health Care Visitors

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Oct 8, 2021
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McMillan’s Employment and Labour Webinar

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Tuesday, October 5, 2021
Featured Insight

Mandatory Mask Policy Does Not Breach Human Rights Act

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Sep 9, 2021
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Mandatory Workplace COVID-19 Testing Policy Upheld

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Sep 8, 2021
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Ontario Divisional Court Allows Employee to Sue for Constructive Dismissal in Morningstar

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British Columbia Reinstates Facemasks in Indoor Public Settings

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Aug 25, 2021
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Aug 24, 2021
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“Breathing Issues” Resulting from Wearing a Face Mask Does Not Amount to a Protected Disability

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The Federal Government and British Columbia Announces Mandatory Vaccinations

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Aug 17, 2021
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The Balancing of Privacy Rights and the Open Court Principle: Disclosure of Private Information in Litigation

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Ontario Employers Must Calculate Severance Threshold Based on Global Payroll

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CERB Payments Deductible from Wrongful Dismissal Damages

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Jun 11, 2021
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May 19, 2021
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Paid COVID-19 Sick Leave for British Columbia Employees

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Thursday, November 18
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Ontario to Provide for Temporary Paid Sick Leave

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Apr 30, 2021
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Paid Vaccination Leave Proposed for British Columbia Employees

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British Columbia Employers Now at Risk of Expedited Workplace Closures

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Personal Opinions Regarding Effectiveness of Masks Insufficient to Ground a Valid Human Rights Complaint

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A Retailer’s Duty to Accommodate Disabilities That Interfere With a Customer’s Ability to Wear a Face Mask

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Scope of the Telework Obligation in Quebec

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Mar 30, 2021
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Mar 29, 2021
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Does COVID-19 Favour a Longer Reasonable Notice Period? Another Court Says Prove It

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Mar 29, 2021
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Supreme Court of Canada Denies Leave to Appeal “Blue Pencil” Decision

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Broken Processes: Human Rights Tribunal Reminds Employers of the Importance of the Procedural Duty to Accommodate

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Mar 10, 2021
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Ontario Court of Appeal Reviews Necessary Elements to Claim Against Corporate Directors in the Context of a Wrongful Termination Action

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Mar 9, 2021
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Cyber Justice: Ontario Court Recognizes New Tort of Internet Harassment

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Feb 23, 2021
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More Clarity About the Impact of COVID-19 on Reasonable Notice Periods

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Feb 17, 2021
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Mandatory Vaccination Policies: Enforceable or a Shot in the Dark? (February 10, 2021)

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February 10, 2021 - 2:00 pm to 3:00 pm EST
Featured Insight

Court Considers Impact of COVID-19 Pandemic on Reasonable Notice Periods

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Jan 30, 2021
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A New Lockdown and Curfew in Quebec: What Employers Must Know

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Jan 8, 2021
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New Workplace Harassment and Violence Requirements for Federally Regulated Employees Now in Effect

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Jan 4, 2021
Featured Insight

Toronto Announces Reporting Obligation and Enhanced Measures for Employers

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Jan 4, 2021
Featured Insight

Ontario Superior Court of Justice Opines on Federal Termination Obligations

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Dec 29, 2020
Featured Insight

Mandatory Vaccination Policies for Employees: Enforceable or a Shot in the Dark?

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Dec 23, 2020
Featured Insight

CRA Simplifies Process for Deducting Work from Home Expenses

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Dec 22, 2020
Featured Insight

Ontario Extends COVID-19 Period to July 3, 2021

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Dec 18, 2020
Featured Insight

Doing business between US and Canada? What you need to know – Part Two

Please join us for part two of two of our featured panel discussions on Immigration and Employment considerations when doing business between US and Canada.

Details
December 16, 2020 - 1:00 pm to 2:00 pm EST
Featured Insight

Sick, Lies, and Questionnaire: Arbitrators Uphold Terminations of Employees who Breached COVID-19 Safety Protocols

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Dec 9, 2020
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“The Risk of Red Herrings”: Failing to provide evidence of misconduct leads to punitive damages

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Dec 7, 2020
Featured Insight

Do Not Go Directly to Jail – Just Yet Anyway: Competition Bureau Confirms its View that Buy-Side Agreements between Competitors are not Criminally Unlawful

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Nov 30, 2020
Featured Insight

Another Leap Forward for Canadian Privacy Laws

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Nov 19, 2020
Featured Insight

Human Rights Tribunal of Ontario Revisits Test for Family Status Discrimination

Human Rights Tribunal of Ontario Revisits Test for Family Status Discrimination

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Nov 18, 2020
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McMillan’s Employment and Labour Webinar

This annual workshop addresses significant legal developments and provides practical advice on responding to employee issues.

Details
November 10, 2020 - 11:30 am to 1:30 pm
Featured Insight

Worst Trip Ever! Another Misclassification Class Action Gets Certified

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Nov 9, 2020
Featured Insight

“Intern(al) Affairs”: Managing Unpaid Internships in Quebec

"Intern(al) Affairs": Managing Unpaid Internships in Quebec

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Nov 5, 2020
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Not all Cannabis is Created Equal: Reimbursement for Medical Marijuana

Not all Cannabis is Created Equal: Reimbursement for Medical Marijuana

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Oct 22, 2020
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Buyer Beware! Waiving Past Service Isn’t Possible under Employment Standards Legislation

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Oct 16, 2020
Featured Insight

Court Reinstates Million Dollar Damages Award to Constructively Dismissed Employee

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Oct 15, 2020
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Oct 13, 2020
Featured Insight

Federal Government Amends Canada Labour Code in Response to COVID-19

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Oct 7, 2020
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Mandatory Indoor Face Coverings: What Ontario Employers Need to Know

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Oct 6, 2020
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Coming Soon: Significant Changes to Alberta’s Employment Standards Code

Material changes to the Ontario Class Proceedings Act in force October 1, 2020.

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Oct 2, 2020
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Ontario Employers be Aware: New Mandatory Screening Requirements for Ontario Workplaces

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Sep 30, 2020
Featured Insight

Court Imposes “Harsh and Oppressive” Standard in Refusing to Enforce Stock Plan

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Sep 28, 2020
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Bill 195 Ends the State of Emergency: What Ontario Employers Should Know

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Sep 25, 2020
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New Accessibility Requirements Fast Approaching under AODA

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Sep 20, 2020
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Cross-Country Check-In: COVID-19 and the Environment

Canada's governmental and regulatory bodies have taken steps to temporarily alter legal requirements in light of COVID-19 to lessen the burden on businesses.

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Sep 10, 2020
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Temporary Layoff and Constructive Dismissal Relief for Ontario Employers Extended to 2021

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Sep 8, 2020
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Alberta Court of Appeal Uses Blue Pencil to Save Non-Compete

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Sep 5, 2020
Featured Insight

UPDATE – Prohibition of Entry into Canada to Minimize the Risk of Exposure to COVID-19 – Travel Restrictions and Quarantine Requirements

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Aug 19, 2020
Featured Insight

Ontario Court of Appeal Comments on Service and Notice Calculation in the Context of an Asset Purchase Transaction

The Ontario Court of Appeal has provided helpful guidance for employers considering their obligations to longer-term employees after a business transaction.

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Aug 5, 2020
Featured Insight

Ontario Amends Employment Standards Legislation in Response to COVID-19

Ontario passes new protected leave of absence for employees impacted by COVID-19, and suggests COVID-19
cases should be reported as occupational illnesses.

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Aug 5, 2020
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Global Privacy Authorities Remind Video Teleconferencing Companies of Privacy Expectations

Global privacy authorities published a letter to remind video teleconferencing companies of their obligations regarding user's privacy.

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Jul 29, 2020
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RETURN TO WORK: Complying With Provincial Health Guidelines

The Québec government has authorized businesses to invite their employees progressively to return to their physical workplaces with the support of CNESST

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Jul 27, 2020
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July 24, 2020 Update Cross-Country Check-In: COVID-19 and the Environment

Canada's governmental and regulatory bodies have taken steps to temporarily alter legal requirements in light of COVID-19 to lessen the burden on businesses.

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Jul 24, 2020
Featured Insight

Uber Drivers Given a Low-Arb Diet: Ontario Court of Appeal Invalidates Arbitration Clauses

Ontario Court of Appeal permitted a proposed class action against Uber Technologies Inc. to proceed despite the plaintiff agreeing to an arbitration clause

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Jul 22, 2020
Featured Insight

Government Proposes Fundamental Changes to the Canada Emergency Wage Subsidy

This article provides a detailed analysis of the proposed changes to the Canada Emergency Wage Subsidy announced by the Government on July 17, 2020.

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Jul 21, 2020
Featured Insight

Budget 2019: Government seesawing on taxation of stock options

Budget 2019 announced the Government's intention to introduce an annual cap of $200,000 on employee stock option grants that may be eligible for tax-preferred

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Jul 21, 2020
Featured Insight

Ontario Superior Court of Justice Sends Ontario Construction Employers Back to the Drawing Board

The Ontario Superior Court of Justice provides guidance on enforceability of termination provision for Ontario construction employees.

Read More
Jul 13, 2020
Featured Insight

Heller v. Uber – What Employers Need to Know

SCC‘s decision in Heller v. Uber: employers beware when crafting arbitration clauses to avoid denying employees remedies afforded by the ESA (Ont.)

Read More
Jul 1, 2020
Featured Insight

New Workplace Harassment and Violence Prevention Rules for Federally-Regulated Employers

The Government of Canada has published significant changes to the workplace harassment and violence provisions of the Canada Labour Code.

Read More
Jun 28, 2020
Featured Insight

Implementing New NAFTA: Agreement on Everything Except the Name!

This article identifies key sectoral and other changes to the NAFTA, which will come into effect on July 1, 2020 through the implementation of the CUSMA.

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Jun 24, 2020
Featured Insight

Another Brick in the Wall (Removed) (Part 29): Court of Appeal Continues to Chip Away at ESA Termination Provisions

The Ontario Court of Appeal releases a ground breaking decision with respect to enforceability of termination provisions in employment agreements.

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Jun 23, 2020
Featured Insight

Ontario Provides Employers with Temporary Relief from COVID-Related Termination Risks

Ontario introduces creative measures (O. Reg. 228/20) to the Covid-related temporary lay off dilemma.

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Jun 1, 2020
Featured Insight

“It (hasn’t) been such a long time.” Accruing Seniority Does Not Equal Employed for Seasonal Employees

On January 1, 2018, the Employment Standards Act, 2000 (“ESA”) was amended to provide for increased vacation entitlements for employees whose “period of employment” is five years or more.

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May 11, 2020
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Establishing the New Normal: Return to Work Considerations in the COVID-19 Era

As COVID-19 restrictions begin to loosen in some jurisdictions, employers must consider the return to work process and what that entails.

Apr 29, 2020
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The Perils of Imprecision – British Columbia Supreme Court Rebukes Plaintiff for Failing to Stick to the Relevant Facts

The Perils of Imprecision – British Columbia Supreme Court Rebukes Plaintiff for Failing to Stick to the Relevant Facts

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Apr 24, 2020
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Calculating the CEWS: Meaning of “Leave With Pay” Leaves Questions Unanswered

As part of the Canada Emergency Wage Subsidy, employers with eligible employees on "leave with pay" can potentially claim an increased subsidy.

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Apr 23, 2020
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Federal Government Broadens Access to the Canada Emergency Response Benefit and Proposes Wage Support for Essential Workers

The federal government is expanding CERB access and proposes to help with wages of essential employees.

Read More
Apr 17, 2020
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The Canada Emergency Wage Subsidy: Increased Assistance on the Horizon

The Canada Emergency Wage Subsidy offers government subsidies of up to 75% of qualifying employee wages.

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Apr 13, 2020
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The Impact of COVID-19 on your Workforce in Canada

This webinar is designed to provide clarity on a range of employment law topics and cover up to the minute government programs.

Apr 8, 2020
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The Impact of COVID-19 on Agribusiness – Business and Legal Considerations

In addition to the adverse impact to public health and the public healthcare system, the COVID-19 pandemic is causing severe economic hardship to western Canada.

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Apr 7, 2020
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Bank Liable in Canada’s Largest Unpaid Overtime Class Action

The Ontario Superior Court of Justice has found one of Canada's largest banks liable for requiring or permitting uncompensated overtime to be worked.

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Apr 6, 2020
Featured Insight

“Essential” Workplaces and Services – A National Roundup and Best Practices for Managing Business Closures

This webinar will discuss the nationwide impacts, rules and regulations for defining “essential” workplaces and services and the closure of non-essential businesses.

Apr 1, 2020
Featured Insight

COVID-19: Alberta Government Announces List of Essential Services

Alberta's Government has published lists of essential services and non-essential places of business not permitted to
offer or provide services to the public.

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Mar 29, 2020
Featured Insight

Supreme Court of Canada Grants Leave to Appeal in “Canada North” CCAA Priming Charges vs. Payroll Deductions Case

Canada North, CCAA, payroll deductions, deemed trust, priority, Companies' Creditors Arrangement Act, Supreme
Court of Canada

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Mar 27, 2020
Featured Insight

COVID-19: The Importance of the Written Word

Since the outbreak of the COVID-19 pandemic, the situation has evolved rapidly, and the extent of the legal and economic consequences for businesses and their operations remains uncertain.

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Mar 26, 2020
Featured Insight

BC Government Announces Important Changes to the Employment Standards Act in Response to COVID-19

The Government of BC announced today the following important changes to the Employment Standards Act in response to the COVID-19 emergency:

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Mar 24, 2020
Featured Insight

COVID 19 – Governor in Council Order Prohibition of Entry into Canada to Minimize the Risk of Exposure to COVID-19 in Canada: What Employers Need to Know

COVID 19 – Prohibition of Entry into Canada to Minimize the Risk of Exposure to COVID-19 in Canada: What Employers Need to Know

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Mar 18, 2020
Featured Insight

COVID-19 – Employer Considerations & Planning for Work Disruption

Help for businesses to identify issues & suggest risk mitigation steps regarding the COVID-19 outbreak & the potential for economic & operational disruption

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Mar 11, 2020
Featured Insight

Coronavirus – A Preparedness and Response Guide for Canadian Businesses

What steps should corporations take to mitigate the risks posed by COVID-19 to the health and safety of their workforce and contractual obligations.

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Mar 9, 2020
Featured Insight

New Linguistic Obligations for Employers Doing Business in Québec?

A Bill amending the Charter of the French Language would create new linguistic obligations for employers if it were enacted.

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Mar 9, 2020
Featured Insight

Will Modern Slavery Legislation Become a Reality in Canada?

Description of proposed modern slavery legislation in Canada that aims to address the issue of forced and child
labor in supply chains.

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Mar 3, 2020
Featured Insight

The “Fix” Is In: Alberta Employee Awarded 34.5 Months’ Damages for Breach of Contract

A recent decision by Alberta's Court of Queen's Bench is the latest warning to employers about the dangers of
fixed-term employment arrangements.

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Feb 21, 2020
Featured Insight

Will You Be My Valentine?

As Valentine's Day approaches, it is important to review your policies against psychological harassment and conflicts of interest.

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Feb 10, 2020
Featured Insight

Court of Appeal Serves Reminder that Contractors May Be Entitled to Reasonable Notice

A recent decision from Ontario's Court of Appeal is an important reminder that contractors may be entitled to reasonable notice upon termination without cause.

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Feb 9, 2020
Featured Insight

Stop the Spread: What Employers Need to Know About Coronavirus in the Workplace

As Canada confirms its first cases of the Coronavirus, we remind employers and employees of their rights and responsibilities in the workplace.

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Jan 29, 2020
Featured Insight

We Do Not Think It Means What You Think It Means: The Ontario Court of Appeal Addresses Incentive Compensation Plans in O’Reilly v. IMAX Corporation

Ontario Court of Appeal comments on the interpretation of incentive pay clauses: A cautionary tale for employers.

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Jan 28, 2020
Featured Insight

Inadequate Workplace Harassment Investigation Results in $75,000 Damage Award

A recent decision of the Manitoba Human Rights Commission emphasizes the importance of developing a clear plan at the outset of a workplace investigation.

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Jan 28, 2020
Featured Insight

Challenges and Opportunities for Canadian Investors in Brazilian Insolvency Proceedings: Lessons from the IBA’s 2019 Global Restructuring Conference

The authors discuss unique aspects of Brazil's insolvency regime relevant for Canadian investors, including the role of equity, DIP loans, and jurisdiction.

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Jan 21, 2020
Featured Insight

Is Your Refrigerator Limitation Period Running? Maybe Not Where One Party Promises to Fix the Problem

Limitation periods will not run where a party assures another it will fix the problem between them, and that party reasonably relies on that assurance.

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Jan 7, 2020
Featured Insight

Sorry Not Sorry: Ontario Decision Highlights “Aggravating Factors” in Sexual Harassment Cases

An Ontario Court has upheld the termination of a 30-year employee with a clean disciplinary record following a single incident of sexual harassment.

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Jan 7, 2020
Featured Insight

Happy New Year! Supreme Court Limits Employers’ Duty to Inspect Work Places

The Supreme Court has confirmed that an employer's obligation to conduct safety inspections only applies to work places over which the employer has control.

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Jan 2, 2020
Featured Insight

Finance Puts the Brakes on Proposed Employee Stock Option Amendments

Department of Finance issued a release on December 19, 2019 advising that the stock option amendments would not come into effect as of January 1, 2020.

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Dec 19, 2019
Featured Insight

Ontario Court Suggests Terminated Salespeople are Fish Out of Water

Recent Ontario decision calls into question prior holdings about the transferability of salespersons' skills.

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Dec 16, 2019
Featured Insight

Employment and Labour Seminar Series: Montréal

This seminar provides valuable practical advice to all employers seeking guidance on best practices in their workplace.

Dec 10, 2019
Featured Insight

A Comma-dy of Errors: Ontario Superior Court Dismisses Pensioners’ Class Action

In Austin v. Bell Canada, a class proceeding was brought, certified, and dismissed on summary judgment, in
connection with the provision of a pension plan.

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Dec 3, 2019
Featured Insight

One-Year Anniversary of Mandatory Data Breach Reporting: Lessons the OPC Has Learned and What Businesses Need to Know

November 1st, 2018 marked a year since reporting data breaches became mandatory under the Personal Information Protection and Electronic Documents Act ("PIPEDA")

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Nov 11, 2019
Featured Insight

Employment and Labour Seminar Series: Toronto

Join us as we discuss significant legal developments and provide practical advice on critical issues facing employers in Canada.

Oct 30, 2019
Featured Insight

Compensation for the Employee Inventor

A Canadian business with foreign operations need to be aware that it may have to pay compensation to inventors they employ in other countries.

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Oct 28, 2019
Featured Insight

It’s Not What You Asked, It’s How You Asked It: Employer Pays the Price for Asking Human Rights-Based Questions of Job Applicant

A recent decision of Ontario's Human Rights Tribunal may have some employers rethinking how they frame questions to job applicants.

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Oct 7, 2019
Featured Insight

The Fixed-Term Employment Contract: It’s Your Funeral

Ontario's Superior Court of Justice has issued a stark reminder of the perils of fixed-term employment contracts.

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Sep 25, 2019
Featured Insight

Alberta Doing Away with Flexible Averaging Agreements

September 1, 2019, Alberta's Employment Standards Code and its Regulation will do away with Flexible Averaging Agreements

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Aug 21, 2019
Featured Insight

Sweeping Changes to Federal Employment Standards Set to Take Effect

Many of the federal government's changes to the Canada Labour Code, proposed through Bills C-44, C-63 and C-86, are now set to take effect on September 1, 2019.

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Aug 7, 2019
Featured Insight

Ontario Court of Appeal: Employment Standards Act, 2000 Does Not Apply to Shareholder Rights

Ontario’s Court of Appeal has issued an important decision – in Mikelsteins v. Morrison Hershfield Limited[1] – that draws a clear distinction between employment rights and shareholder rights.

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Jul 30, 2019
Featured Insight

Employees’ Duty to Mitigate: Comparable Employment Does Not Mean Any Employment

The Ontario Court of Appeal has confirmed in a recent decision that an employee’s duty to mitigate following a without cause termination does not require the employee to accept a notably lesser position with the same employer.

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Jul 24, 2019
Featured Insight

24-Hour Rule: Court Confirms Limits of Medically Prescribed Cannabis Use in the Workplace

The Supreme Court of Newfoundland and Labrador (“Supreme Court”) has issued an important decision about the limits of accommodating the use of medically prescribed cannabis by an employee working in a safety-sensitive position.

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Jun 24, 2019
Featured Insight

The Next Phase of Canadian Cannabis: What to Expect in 2019 and Beyond

On June 14, 2019, Health Canada unveiled its Final Regulations for New Cannabis Products

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Jun 21, 2019
Featured Insight

Significant Changes to British Columbia Employment Standards Act Are Now in Force

Significant amendments to the BC Employment Standards Act (the “ESA”) are now in force as a result of the Employment Standards Amendment Act, 2019 receiving Royal Assent on May 30, 2019.

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Jun 3, 2019
Featured Insight

Alberta Bill 2: More Changes to Employment & Labour Laws on the Horizon

On May 27, 2019, Alberta’s newly elected United Conservative Party introduced the Open for Business Act (“Bill 2”).

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May 29, 2019
Featured Insight

Proposed Digital Charter Could Bring Sweeping Changes to Canadian Privacy Laws

On May 21, 2019, the Canadian federal government released a proposed Digital Charter

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May 23, 2019
Featured Insight

BC Employers Take Note: Changes to BC Labour Relations Code Are Now in Force

The BC government is moving ahead with long-anticipated amendments to the BC Labour Relations Code (the “Code”).

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May 13, 2019
Featured Insight

Canadian Corporate & Restructuring Legislation: Changes Could be on the Way

Bill C-97 (the “Bill”) was introduced in Parliament to implement the federal budget tabled by the Liberal government on March 19, 2019.

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May 10, 2019
Featured Insight

Ontario Passes Amendments to the Labour Relations Act, 1995 and Employment Standards Act, 2000

Ontario Bill 66, the Restoring Ontario’s Competitiveness Act, 2018, received Royal Assent.

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Apr 15, 2019
Featured Insight

VFX Animators Awarded Overtime Pay: Decision Sets High BC Bar for “High-Tech Professional”

In a recent decision, a delegate of the Director of Employment Standards determined that Cinesite Vancouver Inc., formerly known as Nitrogen Studios Canada Inc.

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Apr 4, 2019
Featured Insight

Court of Appeal Refuses to Recognize Freestanding “Tort of Harassment”

Ontario's Court of Appeal has issued a landmark decision in Merrifield v. Canada (Attorney General), emphatically rejecting the notion that "harassment"

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Mar 18, 2019
Featured Insight

Supreme Court of Canada Likely to Consider Post-Termination Bonus Entitlements

Supreme Court of Canada Likely to Consider Post-Termination Bonus Entitlements

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Feb 26, 2019
Featured Insight

Independent or Dependent Contractor? BC Court Finds No Severance Owing to Long Term Service Provider

A decision of the BC Provincial Court is an important reminder of the factors a court will consider to determine whether an individual is a dependent contractor

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Feb 10, 2019
Featured Insight

BC Supreme Court Provides Yet Another Reminder to Employers About the Importance of Drafting Restrictive Covenants Which Are Clear And Not Over Broad 

This PPH pilot project further allows applicants to utilize CNIPA's international work products as the basis for a PCT-PPH request in Canada.

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Dec 28, 2018
Featured Insight

Ontario Proceeding with Further Substantial Amendments to Workplace Legislation

Ontario has introduced Bill 66, the Restoring Ontario's Competitiveness Act, 2018, an omnibus bill that proposes changes to several statutes, the LRA and ESA.

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Dec 14, 2018
Featured Insight

Proposed Pay Equity Act Imposes Significant Obligations on Federally Regulated Employers

On October 29, 2018, the federal government introduced the Pay Equity Act as part of Bill C-86, Budget Implementation Act, 2018 No. 2.

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Dec 11, 2018
Featured Insight

Weighing Your Options? Reasonable Notice Means Weighing Your Evidence, Count Summary Judgment Out 

Coffey v Nine Energy Canada Inc. confirms that summary judgment is not appropriate to decide an assessment of damages for pay in lieu of reasonable notice.

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Dec 5, 2018
Featured Insight

BC Human Rights Code Amendments Re-establish the Human Rights Commission

Presently, British Columbia is the only Canadian province without a Human Rights Commission, the previous commission having been dismantled in 2002.

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Nov 28, 2018
Featured Insight

What’s Old is New Again in Ontario Workplaces as Bill 47 Receives Royal Assent

The "Making Ontario Open for Business Act, 2018", repealing changes brought about by Bill 148 under the previous government, has received Royal Assent.

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Nov 22, 2018
Featured Insight

Changes coming in 2019 for BC employers to Labour Relations Code and Employment Standards Act

Employers in British Columbia can expect significant changes to the BC Labour Relations Code and BC Employment Standards Act to be introduced in 2019.

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Nov 21, 2018
Featured Insight

Employment and Labour Seminar Series: Vancouver

Join us as we discuss significant developments for employers and provide practical advice on responding to critical issues facing employers in Canada.

Details
November 15, 2018 - 8:00 am to 10:30 am
Featured Insight

2018: Year of the Employer? Two (More) Helpful Decisions on Termination Clauses

Raposo v CA Canada Company and Burton v Aronovitch McCauley Rollo LLP continue employer-friendly decisions regarding the enforceability of termination clauses

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Nov 12, 2018
Featured Insight

Employment and Labour Seminar Series: Montréal

Employment and Labour Seminar Series: Montréal.

Details
November 8, 2018 - 8:30 am to 10:30 am ET
Featured Insight

Government of Canada Proposes Substantial Changes to Federal Employment Standards

Bill C-86 would significantly amend the Code's provisions concerning basic employment standards, non-standard employment relationships and termination.

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Nov 5, 2018
Featured Insight

Trick or…Breach? PIPEDA’s Breach Reporting Requirements Come Into Force on November 1, 2018

This bulletin provides an overview of the new breach reporting requirements.

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Nov 1, 2018
Featured Insight

Ontario Proposes Major Changes to the Employment Standards Act, 2000

On October 23, 2018, the Government of Ontario has put forward legislation, titled the Making Ontario Open for Business Act, 2018 (Bill 47)

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Oct 26, 2018
Featured Insight

Ontario to Make Major Changes to Employment and Labour Standards through the Making Ontario Open for Business Act

The Government of Ontario today introduced legislation to repeal several changes to the province's employment and labour standards legislation made through Bill 148.

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Oct 23, 2018
Featured Insight

What’s in a name – the USMCA is the new NAFTA

On the surface, NAFTA was set aside, replaced by the United States-Mexico-Canada Agreement (USMCA). Look more deeply, and there's evidence that much of the substance of NAFTA remains.

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Oct 4, 2018
Featured Insight

Helping Your Workplace Navigate the Legalization of Marijuana

McMillan has published a report entitled "McMillan (Chronic)le" to address questions to help your workplace navigate the decriminalization of cannabis.

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Oct 3, 2018
Featured Insight

BC Court of Appeal Upholds 5 Months’ Notice for 12 Months of Service

A recent decision of the BC Court of Appeal serves as a reminder to employers that termination obligations, even for short-term employees, can be significant

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Aug 22, 2018
Featured Insight

Employers, Entrepreneurs…Get Ready! Cannabis will be Legal in Canada

On June 19, 2018, the Canadian Senate passed Bill C-45, The Cannabis Act, which establishes the framework for the production, sale, distribution and possession

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Jun 26, 2018
Featured Insight

“Don’t Worry, We All Know What That Clause Means” – Court Reaffirms The Importance of Carefully Drafting Fixed-Term Employment Agreements

Businesses and employees alike have been repeatedly reminded by their lawyers that employment contracts must be carefully and clearly drafted.

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Jun 21, 2018
Featured Insight

Supreme Court Refuses to Hear Random Drug & Alcohol Testing Appeal

On June 1 4, 2018, the Supreme Court of Canada granted Suncor a third (but not final) win in the ongoing dispute between Suncor and Unifor Local 707A

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Jun 15, 2018
Featured Insight

Over (65) and Out in Benefit Plans is Unconstitutional HRTO Rules

On May 18, 2018, the Human Rights Tribunal of Ontario (the "Tribunal") released its interim decision in Talos v Grand Erie District School Board.

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Jun 6, 2018
Featured Insight

BC Employers Take Note: Expanded Leave of Absence Provisions Now in Force

In addition to a series of incremental increases to the provincial minimum wage, the first of which became effective on June 1, 2018[1], the BC NDP government

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Jun 5, 2018
Featured Insight

HRTO Confirms There is No Absolute Right to Use Medical Marijuana at Work

Human Rights Tribunal of Ontario ("HRTO") confirmed that there is no absolute right to use medical marijuana in the workplace

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May 17, 2018
Featured Insight

Through the Looking Glass (Ceiling): Ontario Passes New Act to Close Gender Wage Gap

Ontario Government enacted the Pay Transparency Act, 2018

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May 14, 2018
Featured Insight

Ontario Government Walks Back Changes to Public Holiday Pay Calculation

The Ontario Government announced that it would walk back one of the more controversial changes to the Employment Standards Act, made as a result of Bill 148

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May 8, 2018
Featured Insight

Remember…the 11th of November? Remembrance Day Becomes a Legal Holiday

Remembrance Day Holidays Act, for most Canadians and members of Canada's workforce, this change is no more than a symbolic gesture

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May 7, 2018
Featured Insight

‘Tis the Season – Ontario Government Introduces Bill Setting Minimum Pay Rates for Private-Sector Contractors on Government Contracts

'Tis the Season - Ontario Government Introduces Bill Setting Minimum Pay Rates for Private-Sector Contractors on Government Contracts

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Apr 20, 2018
Featured Insight

Are Better Working Conditions for your Quebec Employees on the Horizon?

March 20, 2018 Bill 176 respecting labour standards and legislative provisions to facilitate family-work balance presented by the Minister responsible for Labour to the Quebec National Assembly.

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Apr 10, 2018
Featured Insight

What Can The Law Do About ‘Deepfake’?

Face-swapping videos possible by software technology using machine-learning algorithms to analyze photographs of subject learning the map of the subject face and superimposing subject face to video

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Mar 30, 2018
Featured Insight

Has a third category of workers emerged under Quebec employment law: “dependent contractors”?

Justice Hamilton of the Quebec Superior Court decided that an independent worker governed by a service contract and not an employment contract was entitled to reasonable notice of termination

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Mar 29, 2018
Featured Insight

Under and across the sea, where CETA widens the pathway to increased labour mobility

The provisional application of the Canada-European Union Comprehensive Economic and Trade Agreement provides innovation with respect to labour mobility.

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Mar 12, 2018
Featured Insight

The 2018 Federal Budget: What Employers Should Know

Budget 2018 includes EI Parental Sharing Benefit, New pay equity legislation and transparency measures and CPP and EI contributions

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Mar 6, 2018
Featured Insight

Alberta Court of Appeal confirms ambiguous termination provisions should be interpreted in favour of employees

A decision of the Alberta Court of Appeal provides clear reminder to employers who wish to contractually limit termination notice or pay in lieu to the statutory employment standards minimum

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Feb 28, 2018
Featured Insight

Taking Stock of Alberta’s New Employment Standards

In June 2017 the Alberta Government made changes to the Employment Standards Code by passing the Fair and Family-Friendly Workplaces Act. Changes came into force January 1 2018.

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Feb 18, 2018
Featured Insight

Ontario’s Whistleblower Regime: Civil Cause of Action for Reprisals Now Possible

New statutory cause of action added to Ontario's securities legislation, meaning that reprisal claims by whistleblowers may be filed in court or through arbitration.

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Feb 6, 2018
Featured Insight

Ontario Immigration Act, 2015 Now In Force

Ontario Immigration Act established comprehensive framework for application and administration of Ontario Immigrant Nominee Program by strengthening transparency consistency and accountability of OINP

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Jan 17, 2018
Featured Insight

Happy New Year: Termination Clause Upheld by Court of Appeal

In Nemeth v Hatch Ltd the Court of Appeal found the termination clause in the plaintiff's employment contract limited his notice entitlement.

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Jan 16, 2018
Featured Insight

Aggravated Damages Awarded by BC Court As Denunciation of Employer’s Disingenuous Offers and Aggressive Defenses

BC Court provides reminder to employers that use of aggressive and unmeritorious defence tactics may not lead to hoped for result of persuading terminated employee to accept unreasonable settlement

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Jan 16, 2018
Featured Insight

Ontario Court Provides Some Guidance as to Due Diligence in Health and Safety Charges

Ontario Court dismisses Occupational Health and Safety Act charge in work fatality finding that employer established due diligence in the circumstances

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Jan 15, 2018
Featured Insight

Will Your Non-compete Hold Up? BC and Ontario Courts Rule on Ambiguous and Overbroad Non-compete Restrictions

Dangers of overly broad or ambiguous non-compete clauses. BC Court of Appeal upheld BC Supreme Court decision that non-compete clause was too broad and ambiguous and unenforceable

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Jan 10, 2018
Featured Insight

Notable Changes to the Ontario Human Rights Code Likely On Their Way

Bill 164 adds four new prohibited grounds for discrimination immigration status, genetic characteristics, police records and social condition

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Jan 9, 2018
Featured Insight

Drafting Termination Clauses – Be Careful That Your Fail-Safe Provision is Safe and Doesn’t Fail

Ontario employment law focused on use and construction of termination clauses in employment contract. 2017 decision involves proper use of fail-safe provisions

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Jan 9, 2018
Featured Insight

Alberta Bill 30: Changes to the Occupational Health and Safety Act on the Horizon

The revised OHSA imposes positive duty on employers and supervisors to ensure that no workers are subject to or participate in harassment or violence at the work site

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Jan 2, 2018
Featured Insight

Ontario Files Regulations to Clarify the Implementation of Bill 148: Impacts for the Auto Sector, Construction Industry and Others

Ontario Files Regulations to Clarify the Implementation of Bill 148: Impacts for the Auto Sector, Construction Industry and Others

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Dec 21, 2017
Featured Insight

Special Costs for Special Occasions including Breach of Settlement Agreement

Special Costs for Special Occasions including Breach of Settlement Agreement

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Dec 15, 2017
Featured Insight

Supreme Court of Canada Confirms Expansive Protections Against Discrimination Regarding Employment

Supreme Court of Canada Confirms Expansive Protections Against Discrimination Regarding Employment

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Dec 10, 2017
Featured Insight

Working Notice: Class Action Succeeds in Challenging When Clock Starts

Working Notice: Class Action Succeeds in Challenging When Clock Starts

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Dec 6, 2017
Featured Insight

Bill 148 is Law: Timeline to Help Unionized Employers Transition

Bill 148 is Law: Timeline to Help Unionized Employers Transition

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Nov 30, 2017
Featured Insight

Who Says An Offer of Employment Can’t Be Fair Consideration? The Ontario Court of Appeal Weighs In On Asset Purchase Transactions and Employment Contracts

Who Says An Offer of Employment Can't Be Fair Consideration? The Ontario Court of Appeal Weighs In On Asset Purchase Transactions and Employment Contracts

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Nov 21, 2017
Featured Insight

Bonus Claims: Past Practice Gets A Boost

Bonus Claims: Past Practice Gets A Boost

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Nov 13, 2017
Featured Insight

Alberta Decision a Win for Random Drug & Alcohol Testing (For Now)

Alberta Decision a Win for Random Drug & Alcohol Testing (For Now)

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Nov 6, 2017
Featured Insight

Invitations to Apply for Permanent Residence: Government Targets Provincial Nominees and Skilled Trades

Invitations to Apply for Permanent Residence: Government Targets Provincial Nominees and Skilled Trades

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Nov 3, 2017
Featured Insight

CSA Provides Guidance to Registrants on Cyber Security and Social Media

CSA Provides Guidance to Registrants on Cyber Security and Social Media

Read More
Nov 1, 2017
Featured Insight

All Notice and No Work Makes “Working Notice” Null and Void

All Notice and No Work Makes "Working Notice" Null and Void

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Nov 1, 2017
Featured Insight

The Demise of NAFTA: Creating Uncertainty for Foreign Workers

The Demise of NAFTA: Creating Uncertainty for Foreign Workers

Read More
Oct 31, 2017
Featured Insight

Bona Fide or Not? B.C. Human Rights Tribunal examines what constitutes a bona fide benefits plan

Bona Fide or Not? B.C. Human Rights Tribunal examines what constitutes a bona fide benefits plan

Read More
Oct 19, 2017
Featured Insight

Ontario Private Member’s Bill Proposes Broadened Human Rights Code

Ontario Private Member's Bill Proposes Broadened Human Rights Code

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Oct 19, 2017
Featured Insight

Employee vs. Contractor: Court Willing to Declare Status in Sock War

Employee vs. Contractor: Court Willing to Declare Status in Sock War

Read More
Oct 17, 2017
Featured Insight

Character Matters: Don’t Be So Quick to (Summary) Judge

Character Matters: Don't Be So Quick to (Summary) Judge

Read More
Oct 16, 2017
Featured Insight

McMillan’s Employment & Labour Relations Group Seminar

Please join us for a practical and in-depth discussion aimed at HR professionals, in-house counsel and operations managers, who want to prepare and better understand how Bill1 48 will impact their business.

Details
September 28, 2017
Featured Insight

Saadati v Moorhead: Expert Medical Evidence is Not Required To Successfully Claim Damages for Mental Injury

Saadati v Moorhead: Expert Medical Evidence is Not Required To Successfully Claim Damages for Mental Injury

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Sep 11, 2017
Featured Insight

BC Court of Appeal Confirms Dismissed Employees Do Not Require Expert Evidence to Prove Compensable Mental Injury

BC Court of Appeal Confirms Dismissed Employees Do Not Require Expert Evidence to Prove Compensable Mental Injury

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Sep 7, 2017
Featured Insight

Server Location Not Definitive in Determining Jurisdiction Over Foreign Defendant

Server Location Not Definitive in Determining Jurisdiction Over Foreign Defendant

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Aug 31, 2017
Featured Insight

Strong Roots in Stormy Weather: Federal Government Affirms Commitment to Legalize Cannabis by July 2018 in Light of Premier Uncertainty

Strong Roots in Stormy Weather: Federal Government Affirms Commitment to Legalize Cannabis by July 2018 in Light of Premier Uncertainty

Read More
Aug 16, 2017
Featured Insight

In Case You Missed It: Significant Changes to Alberta’s Workplace Laws Are Coming

In Case You Missed It: Significant Changes to Alberta's Workplace Laws Are Coming

Read More
Aug 8, 2017
Featured Insight

Federal Government Proposes Fundamental Changes to the Voluntary Disclosures Program

Federal Government Proposes Fundamental Changes to the Voluntary Disclosures Program

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Jul 11, 2017
Featured Insight

The Canada Revenue Agency Proposes Draft Memorandum for Voluntary Disclosures Involving GST/HST and Other Excise Tax Matters

The Canada Revenue Agency Proposes Draft Memorandum for Voluntary Disclosures Involving GST/HST and Other Excise Tax Matters

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Jul 11, 2017
Featured Insight

New Ontario Workplace Legislation to Impact Use of Contract and Temporary Workers

New Ontario Workplace Legislation to Impact Use of Contract and Temporary Workers

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Jun 28, 2017
Featured Insight

No Free Accidents: Supreme Court of Canada Upholds Termination of Drug Dependent Employee

No Free Accidents: Supreme Court of Canada Upholds Termination of Drug Dependent Employee

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Jun 22, 2017
Featured Insight

Immigration Alert: Temporary Foreign Worker Program Launches Global Skills Strategy

Immigration Alert: Temporary Foreign Worker Program Launches Global Skills Strategy

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Jun 20, 2017
Featured Insight

Ontario Bill 148: Enhanced Workplace Enforcement Measures are Coming

Ontario Bill 148: Enhanced Workplace Enforcement Measures are Coming

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Jun 20, 2017
Featured Insight

Ontario Bill 148 What Does It Mean for Employers in the Construction Industry

Ontario Bill 148 What Does It Mean for Employers in the Construction Industry

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Jun 20, 2017
Featured Insight

Manage the Baby Boom or Bust: Strategies for Dealing with Termination and Retirement of the Aging Workforce

Manage the Baby Boom or Bust: Strategies for Dealing with Termination and Retirement of the Aging Workforce

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Jun 19, 2017
Featured Insight

2 Become 1: AODA Standards to Consolidate on July 1st

2 Become 1: AODA Standards to Consolidate on July 1st

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Jun 17, 2017
Featured Insight

Boucher v. Ontario (Superintendent of Financial Services) – Confirmation of Limits on Entitlement to Commuted Pension Value

Boucher v. Ontario (Superintendent of Financial Services) – Confirmation of Limits on Entitlement to Commuted Pension Value

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Jun 15, 2017
Featured Insight

“She Got a Break Today” – Court Refuses to Deduct Earnings During Notice Period

"She Got a Break Today" - Court Refuses to Deduct Earnings During Notice Period

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Jun 14, 2017
Featured Insight

Court of Appeal for Ontario Affirms Strong Limitation on Employee’s Post-Termination Bonus Entitlement

Court of Appeal for Ontario Affirms Strong Limitation on Employee's Post-Termination Bonus Entitlement

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Jun 14, 2017
Featured Insight

Ontario Proceeding with Important Amendments to the Labour Relations Act, 1995

Ontario Proceeding with Important Amendments to the Labour Relations Act, 1995

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Jun 7, 2017
Featured Insight

Data protection in the field of employment in Canada

Employee personal information handled by an organization is far greater than the personal information collected by the organization about customers and third parties

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Jun 6, 2017
Featured Insight

Director Liability for Employee Remuneration: Significant Changes Likely in Store in Ontario

Director Liability for Employee Remuneration: Significant Changes Likely in Store in Ontario

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Jun 2, 2017
Featured Insight

Unions Do Not Have a General Right to Notice of Accommodation Requests

Unions Do Not Have a General Right to Notice of Accommodation Requests

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Jun 2, 2017
Featured Insight

Ontario Government Announces Workplace Reform Legislation

Ontario Government Announces Workplace Reform Legislation

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May 31, 2017
Featured Insight

Changing Workplaces Review Final Report – Who Must Bargain with Franchise Employees?

Changing Workplaces Review Final Report – Who Must Bargain with Franchise Employees?

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May 29, 2017
Featured Insight

Changing Workplaces Review Recommends Significant Changes to Ontario’s Labour and Employment Laws

Changing Workplaces Review Recommends Significant Changes to Ontario's Labour and Employment Laws

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May 24, 2017
Featured Insight

Ontario Eases Solvency Funding Requirements

Ontario Eases Solvency Funding Requirements

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May 17, 2017
Featured Insight

Privacy in the Workplace, 4rd Edition

Privacy in the Workplace 3rd Edition

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May 17, 2017
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The 2017 Ontario Budget – Pensions and Benefits Play a Central Role

The 2017 Ontario Budget – Pensions and Benefits Play a Central Role

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May 12, 2017
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Immigration Alert: Canada’s Global Skills Strategy to Launch June 12, 2017

Immigration Alert: Canada's Global Skills Strategy to Launch June 12, 2017

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May 5, 2017
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Immigration Alert: Canada’s Global Skills Strategy to Launch June 12, 2017

Immigration Alert: Canada's Global Skills Strategy to Launch June 12, 2017

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May 5, 2017
Featured Insight

Get Out and Vote: Employer Obligations on B.C. Election Day

Get Out and Vote: Employer Obligations on B.C. Election Day

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May 1, 2017
Featured Insight

Contracting Out: Not Always Successor or Common Employer

Contracting Out: Not Always Successor or Common Employer

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Apr 24, 2017
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What You Meant vs. What You Said – Employer’s Words Interpreted as Termination

What You Meant vs. What You Said – Employer's Words Interpreted as Termination

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Apr 21, 2017
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Proposed Leave for British Columbia Victims of Domestic or Sexual Violence

Proposed Leave for British Columbia Victims of Domestic or Sexual Violence

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Apr 10, 2017
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Good News/Old News: Why Wood v Deeley is Nothing (New) for Employers to Sweat

Good News/Old News: Why Wood v Deeley is Nothing (New) for Employers to Sweat

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Apr 10, 2017
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Office of the Superintendent of Financial Institutions Releases PRPP Filing Guide

Office of the Superintendent of Financial Institutions Releases PRPP Filing Guide

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Apr 3, 2017
Featured Insight

Employer Benefits Obligations: Read Documents Carefully

Employer Benefits Obligations: Read Documents Carefully

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Mar 28, 2017
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Mind Your Manner: BC Supreme Court Awards Damages for Mental Distress Arising From Manner of Dismissal and Recognizes Past Service

Mind Your Manner: BC Supreme Court Awards Damages for Mental Distress Arising From Manner of Dismissal and Recognizes Past Service

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Mar 17, 2017
Featured Insight

Can a Manager be a Member of a Certified Association?

Can a Manager be a Member of a Certified Association?

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Mar 13, 2017
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We’ve Overpaid, Now What? OLRB Confirms Employers’ Obligations in Addressing Pension Overpayments

We've Overpaid, Now What? OLRB Confirms Employers' Obligations in Addressing Pension Overpayments

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Mar 3, 2017
Featured Insight

Family Status Discrimination: Tribunal Rejects Johnstone Test

Family Status Discrimination: Tribunal Rejects Johnstone Test

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Feb 21, 2017
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No Benefits Plan Can Cover the Sun, Moon and the Stars: Should they Cover Medical Marijuana?

No Benefits Plan Can Cover the Sun, Moon and the Stars: Should they Cover Medical Marijuana?

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Feb 10, 2017
Featured Insight

Employment Contracts: Enforceable Termination Provisions Exist

Employment Contracts: Enforceable Termination Provisions Exist

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Feb 6, 2017
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Human Rights Commission clarifies medical documentation needed for disability-related accommodation requests

Human Rights Commission clarifies medical documentation needed for disability-related accommodation requests

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Feb 6, 2017
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Don’t Let the Door Hit Your Bonus on the Way Out: Resignations and Bonus Payments

Don't Let the Door Hit Your Bonus on the Way Out: Resignations and Bonus Payments

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Feb 6, 2017
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Tips for Supporting an Employee’s Application for Provincial Nomination from Recent BC PNP Decision

Tips for Supporting an Employee's Application for Provincial Nomination from Recent BC PNP Decision

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Feb 3, 2017
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Appealing the Arbitrator: A New Avenue of Appeal in British Columbia

Appealing the Arbitrator: A New Avenue of Appeal in British Columbia

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Jan 28, 2017
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Employment Agreement Can Include Cover Email Presenting It

Employment Agreement Can Include Cover Email Presenting It

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Jan 24, 2017
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Update: Federal Pooled Registered Pension Plan Legislation Amended to Recognize Ontario Legislation

Update: Federal Pooled Registered Pension Plan Legislation Amended to Recognize Ontario Legislation

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Jan 18, 2017
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Should I stay or should I go? BC Supreme Court Stays Wrongful Dismissal Proceeding

Should I stay or should I go? BC Supreme Court Stays Wrongful Dismissal Proceeding

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Jan 17, 2017
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Changes to Personal Emergency Leave in the Automobile Sector

Changes to Personal Emergency Leave in the Automobile Sector

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Jan 12, 2017
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Recent Cases Confirm Obligations When Holding Former Employees to Non-Competition Covenants

Recent Cases Confirm Obligations When Holding Former Employees to Non-Competition Covenants

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Jan 11, 2017
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Indignation Not Resignation: an employee storming off does not mean she is quitting

Indignation Not Resignation: an employee storming off does not mean she is quitting

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Jan 9, 2017
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The Employee Doth Protest the Right Amount: Implementing Changes To Employment Contracts

The Employee Doth Protest the Right Amount: Implementing Changes To Employment Contracts

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Jan 5, 2017
Featured Insight

Bill 26: Proposed Domestic Violence Leave a First of its Kind in Ontario

Bill 26: Proposed Domestic Violence Leave a First of its Kind in Ontario

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Jan 3, 2017
Featured Insight

New Year, New AODA Requirements

New Year, New AODA Requirements

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Dec 28, 2016
Featured Insight

New Regulatory Authority for Pensions on its Way

New Regulatory Authority for Pensions on its Way

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Nov 30, 2016
Featured Insight

Ontario’s Pooled Registered Pension Plans Act Takes Effect

Ontario's Pooled Registered Pension Plans Act Takes Effect

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Nov 29, 2016
Featured Insight

Blown Save: ONCA Delivers “Bad News” to Employers Regarding Severability Clauses

Blown Save: ONCA Delivers "Bad News" to Employers Regarding Severability Clauses

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Nov 1, 2016
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2016 Annual Employment and Labour Seminar

McMillan's Labour and Employment Group invites you to join us at our annual employment and labour seminar.

Details
8:00 AM - 11:30 AM
Featured Insight

Wrongful Quitting: Can Your Employee Suddenly Walk Out the Door?

Wrongful Quitting: Can Your Employee Suddenly Walk Out the Door?

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Sep 27, 2016
Featured Insight

Proposed Changes to Personal Emergency Leave in Ontario: Comment Deadline Fast Approaching

Proposed Changes to Personal Emergency Leave in Ontario: Comment Deadline Fast Approaching

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Aug 19, 2016
Featured Insight

Speak Now: Consultation on Solvency Funding for Defined Benefit (DB) Pension Plans

Speak Now: Consultation on Solvency Funding for Defined Benefit (DB) Pension Plans

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Aug 18, 2016
Featured Insight

Employee Can’t Have Cake and Eat It Too: Court Strikes Employee’s Claims for Lack of Jurisdiction

Employee Can't Have Cake and Eat It Too: Court Strikes Employee's Claims for Lack of Jurisdiction

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Aug 18, 2016
Featured Insight

The Supreme Court of Canada Affirms WCAT is Owed Curial Deference

The Supreme Court of Canada Affirms WCAT is Owed Curial Deference

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Aug 17, 2016
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Reminder: Changes to Workplace Harassment Rules are Just Around the Corner

Reminder: Changes to Workplace Harassment Rules are Just Around the Corner

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Aug 16, 2016
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September is BC Disability Employment Month – Is Your Business Aware of Government Efforts to Create a More Inclusive, Diverse, and Accessible Workforce?

September is BC Disability Employment Month – Is Your Business Aware of Government Efforts to Create a More Inclusive, Diverse, and Accessible Workforce?

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Aug 16, 2016
Featured Insight

Mis(class)ified? First-of-its-Kind Class Action Gets the Green Light

Mis(class)ified? First-of-its-Kind Class Action Gets the Green Light

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Aug 11, 2016
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Bonus Plans: Being “Actively Employed” May Include Being Fired

Bonus Plans: Being "Actively Employed" May Include Being Fired

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Aug 10, 2016
Featured Insight

Bonus Plans: Being “Actively Employed” May Include Being Fired

When does a bonus form part of compensation owed during a terminated employee's notice period?

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Aug 10, 2016
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From Franchisor to Joint Employer – Update on Potentially Increasing Liabilities of Franchisors for the Employees of their Franchisees

From Franchisor to Joint Employer – Update on Potentially Increasing Liabilities of Franchisors for the Employees of their Franchisees

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Aug 9, 2016
Featured Insight

Employment Contracts and the Duty to Act Honestly

Employment Contracts and the Duty to Act Honestly

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Aug 5, 2016
Featured Insight

Supreme Court Issues Final Word on Code Protections Against Without Cause Dismissal

Supreme Court Issues Final Word on Code Protections Against Without Cause Dismissal

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Jul 15, 2016
Featured Insight

Temporary layoff: Constructive dismissal if not provided for in the contract

Temporary layoff: Constructive dismissal if not provided for in the contract

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Jul 14, 2016
Featured Insight

Historic Pension Reform: Retiring Ontario’s Pension Plan and Enhancing the Canada Pension Plan

Historic Pension Reform: Retiring Ontario's Pension Plan and Enhancing the Canada Pension Plan

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Jul 11, 2016
Featured Insight

A Road Map for Wrongful Dismissal Damages from the Ontario Court of Appeal: Maltreatment of Deaf Employee Requires Appellate Intervention

A Road Map for Wrongful Dismissal Damages from the Ontario Court of Appeal: Maltreatment of Deaf Employee Requires Appellate Intervention

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Jul 6, 2016
Featured Insight

The Cure for What Ails You: Court Rejects “Technical Objections” to Termination Provision

The Cure for What Ails You: Court Rejects "Technical Objections" to Termination Provision

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Jul 5, 2016
Featured Insight

How to Protect Business Property and Information in Commercial Transactions

How to Protect Business Property and Information in Commercial Transactions

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Jul 5, 2016
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Voulez-Vous Travailler au Canada? A Return to the LMIA-Exempt Francophone Stream

Voulez-Vous Travailler au Canada? A Return to the LMIA-Exempt Francophone Stream

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Jun 27, 2016
Featured Insight

Employment Agreements: Not Always Expired, Especially in Transaction Setting

Employment Agreements: Not Always Expired, Especially in Transaction Setting

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Jun 20, 2016
Featured Insight

Ontario Court of Appeal Upholds Landmark Human Rights Decision: Reinstatement with Full Back Pay After a 14 Year Absence

Ontario Court of Appeal Upholds Landmark Human Rights Decision: Reinstatement with Full Back Pay After a 14 Year Absence

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Jun 8, 2016
Featured Insight

Time to be Flexible: Federal Government Currently in Consultation on Flexible Work Arrangements

Time to be Flexible: Federal Government Currently in Consultation on Flexible Work Arrangements

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Jun 8, 2016
Featured Insight

She’s Lovin’ It! Poor Use of Performance Plan Leads to Wrongful Dismissal

Shes Lovin It! Poor Use of Performance Plan Leads to Wrongful Dismissal

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May 25, 2016
Featured Insight

Breastfeeding and Workplace Accommodation: A Mother’s Preference or Duty?

Breastfeeding and Workplace Accommodation: A Mother's Preference or Duty?

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May 18, 2016
Featured Insight

Ontario Whistleblowers: OSC Soon Open for Business

Ontario Whistleblowers: OSC Soon Open for Business

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May 12, 2016
Featured Insight

Dangers of Allowing the Tacit Renewal of Fixed-Term Employment Contracts

Dangers of Allowing the Tacit Renewal of Fixed-Term Employment Contracts

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May 12, 2016
Featured Insight

Off-Duty Misconduct: Criminal charges alone are not just cause for dismissal

Off-Duty Misconduct: Criminal charges alone are not just cause for dismissal

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May 2, 2016
Featured Insight

Federally Regulated Employers: Policy and Other Requirements for the Prevention of Violence and Sexual Harassment in the Workplace

Federally Regulated Employers: Policy and Other Requirements for the Prevention of Violence and Sexual Harassment in the Workplace

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May 2, 2016
Featured Insight

British Columbia Employers: Requirements for the Prevention of Bullying, Harassment and Violence in the Workplace

British Columbia Employers: Requirements for the Prevention of Bullying, Harassment and Violence in the Workplace

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May 2, 2016
Featured Insight

Obsessive Compulsive Restaurant Requests: “The Customer Is Always Right”

Obsessive Compulsive Restaurant Requests: "The Customer Is Always Right"

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Apr 29, 2016
Featured Insight

Employers Beware – Fixed-Term Employment Traps: If You’re Going to “Benson”, You Need Hedges

Employers Beware Fixed-Term Employment Traps: If Youre Going to Benson, You Need Hedges

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Apr 15, 2016
Featured Insight

The Ministry of Labour’s Ballroom Blitz: Are You Ready?

The Ministry of Labour's Ballroom Blitz: Are You Ready?

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Apr 14, 2016
Featured Insight

Administrative Penalties and the Defence of Due Diligence for British Columbia Employers

Administrative Penalties and the Defence of Due Diligence for British Columbia Employers

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Mar 30, 2016
Featured Insight

Reminder: New Recruitment, Selection And Hiring Obligations Under AODA In Effect

Reminder: New Recruitment, Selection And Hiring Obligations Under AODA In Effect

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Mar 23, 2016
Featured Insight

A Refresher on an Employee’s Duty to Mitigate

A Refresher on an Employees Duty to Mitigate

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Mar 18, 2016
Featured Insight

Dual Reporting and Investigation Requirements for British Columbia Employers

Dual Reporting and Investigation Requirements for British Columbia Employers

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Mar 18, 2016
Featured Insight

Update: Formal Workplace Measures to Combat Sexual Harassment Required by September 2016

Update: Formal Workplace Measures to Combat Sexual Harassment Required by September 2016

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Mar 16, 2016
Featured Insight

Immigration Alert: Canadian Electronic Travel Authorization (eTA) Required March 15, 2016

Canadian Electronic Travel Authorization (eTA) Required March 15, 2016

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Mar 15, 2016
Featured Insight

Adult Films and Health and Safety: Debbie Does Goggles?

Adult Films and Health and Safety: Debbie Does Goggles?

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Mar 12, 2016
Featured Insight

An Employer’s Guide to the Ontario Retirement Pension Plan (ORPP)

An Employer's Guide to the Ontario Retirement Pension Plan (ORPP)

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Mar 11, 2016
Featured Insight

Keeping the Faith: Human Rights Damages Awarded to Unqualified Job Applicant

Keeping the Faith: Human Rights Damages Awarded to Unqualified Job Applicant

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Mar 10, 2016
Featured Insight

Carrying the Tune: OSC Whistleblower Program Coming Soon

Carrying the Tune: OSC Whistleblower Program Coming Soon

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Feb 24, 2016
Featured Insight

The Partridge Family Status Claim: Ontario Court of Appeal upholds Johnstone Test for Discrimination

The Partridge Family Status Claim: Ontario Court of Appeal upholds Johnstone Test for Discrimination

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Jan 20, 2016
Featured Insight

Fresh Consideration Needed: Court of Appeal confirms employment agreement unenforceable and offer letter governs employment

Fresh Consideration Needed: Court of Appeal confirms employment agreement unenforceable and offer letter governs employment

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Jan 19, 2016
Featured Insight

Union Disclosure Not Required: Christmas came early for Canadian unions

Union Disclosure Not Required: Christmas came early for Canadian unions

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Jan 11, 2016
Featured Insight

Major restructuring of the Quebec labour and employment institutions

Major restructuring of the Quebec labour and employment institutions

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Jan 11, 2016
Featured Insight

Car Allowances: Not A Sacred Right

Car Allowances: Not A Sacred Right

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Dec 23, 2015
Featured Insight

Immigration Alert: Canadian Electronic Travel Authorization (eTA) Requirements Coming Into Effect

Immigration Alert: Canadian Electronic Travel Authorization (eTA) Requirements Coming Into Effect

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Dec 10, 2015
Featured Insight

Take Control of Your Offers: The Cautionary Tale ofBuaron v AcuityAds Inc.

Take Control of Your Offers: The Cautionary Tale of Buaron v AcuityAds Inc.

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Dec 10, 2015
Featured Insight

Significant New Penalties for Non-Compliance with Temporary Foreign Worker Program

Significant New Penalties for Non-Compliance with Temporary Foreign Worker Program

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Nov 30, 2015
Featured Insight

Ontario’s Sexual Violence and Harassment Plan Act Passes First Reading

Ontario's Sexual Violence and Harassment Plan Act Passes First Reading

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Nov 7, 2015
Featured Insight

AODA Update: New Employment Standard Requirements Right Around the Corner

AODA Update: New Employment Standard Requirements Right Around the Corner

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Nov 3, 2015
Featured Insight

Ontario Securities Commission: Please Comment on Whistleblower Policy

Ontario Securities Commission: Please Comment on Whistleblower Policy

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Nov 3, 2015
Featured Insight

Ontario Securities Commission: Please Comment on Whistleblower Policy

Ontario Securities Commission: Please Comment on Whistleblower Policy

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Nov 3, 2015
Featured Insight

Immigration Law Alert: New Employer Portal for LMIA-Exempt Work Permit Applications

Immigration Law Alert: New Employer Portal for LMIA-Exempt Work Permit Applications

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Nov 2, 2015
Featured Insight

Employer Obligations on Federal Election Day

Employer Obligations on Federal Election Day

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Oct 9, 2015
Featured Insight

Employers: Be Proactive and Plan for the Ontario Retirement Pension Plan

Employers: Be Proactive and Plan for the Ontario Retirement Pension Plan

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Sep 12, 2015
Featured Insight

Employer Breaches Procedural But Not Substantive Component of Duty to Accommodate

Employer Breaches Procedural But Not Substantive Component of Duty to Accommodate

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Aug 28, 2015
Featured Insight

England Rugby to Players: Twitter arguments equal “battle you won’t win”

England Rugby to Players: Twitter arguments equal battle you wont win

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Aug 21, 2015