News & Events
Further Clarification on Mitigation Earnings and Deduction from Damages
July 4, 2018
The Michaels v. Red Deer College decision of the Supreme Court of Canada from 1976 held that employees pursuing wrongful dismissal damages have a duty to mitigate their damages. Mitigation earnings reduce the liability of the employer for damages during the notice period to the extent of those earnings. But what if the terminated employee
Expertise
Employment Law
The Supreme Court of Canada Affirms Deference to Administrative Tribunals that Engage Charter Rights
July 3, 2018
In Law Society of British Columbia v Trinity Western University[1] and a companion appeal, Trinity Western University v Law Society of Upper Canada,[2] the majority of the Supreme Court of Canada affirmed the appropriate test for reviewing the decisions of administrative tribunals that engage rights found in the Canadian Charter of Rights and Freedoms. This
Practice Area
Labour Law
Celeste Poltak Winner of a 2018 Lexpert Zenith Award
June 20, 2018
We are pleased to congratulate Celeste Poltak, a Partner in our Class Action Group, who has been named a winner of a 2018 Lexpert Zenith Award. This prestigious award recognizes Celeste’s Mid-Career Excellence in the Legal Profession; Practice Area of Class Actions. The awards will be presented at the Lexpert Zenith Awards Gala Event, scheduled
New Posting Requirements for Employers under the Smoke-Free Ontario Act, 2017, Effective July 1, 2018
June 8, 2018
The Smoke-Free Ontario Act, 2017[1] (“SFO”) comes into force on July 1, 2018, repealing and replacing the Electronic Cigarettes Act, 2015[2] and the Smoke-Free Ontario Act[3] (collectively, the “Repealed Acts”). Most notably for employers, the SFO contains new posting requirements for signs and prohibitions regarding the use of medical cannabis. The SFO expands on the
Expertise
Employment Law
What Will the Provincial Election Mean for Labour and Employment Law?
May 22, 2018
Ontarians head to the polls on June 7th, and the results could mean big changes for labour and employment law. While the Liberals are promising to maintain the status quo, the Progressive Conservatives are taking aim at future increases to the minimum wage and the NDP hopes to make sweeping changes to both the labour
Practice Area
Labour Law
Murray Gold to Speak at the Brazilian Association of Pension Funds’ International Seminar
May 31, 2018 - June 6, 2018
Murray Gold will be speaking at the Brazilian Association of Pension Funds’ International Seminar: “Framework, Governance and Sustainability of North American Pension Systems” on June 4, 2018. The event will take place at the Hilton Toronto Hotel in Toronto. Murray will be presenting on “Target Benefit Plans in Canada – Recent Innovations”.
Practice Area
Pension and Benefits
“Suspicionless” Drug Testing Policy Unreasonable
May 10, 2018
On January 23, 2018, a senior British Columbia arbitrator, John Kinzie, released a significant decision concerning random drug and alcohol testing in unionized workplaces. The decision, USW Locals 7884 and 9346 v. Teck Coal Ltd.[1] followed the ruling of the Supreme Court of Canada in Irving Pulp and Paper[2], and built upon on the arbitral
Practice Area
Labour Law
David Rosenfeld Quoted in CBC News article about the Qalipu Mi’kmaq First Nation Band Class Action
May 10, 2018
David Rosenfeld was quoted in the May 9, 2018 CBC News article “Federal court rulings could mean re-assessment of thousands of Qalipu Mi’kmaq applications.” To read the article, please click here. For more information about the class action and updates as they occur, please click here.
BILL 148 UPDATE: ONTARIO GOVERNMENT REVERTS BACK TO OLD PUBLIC HOLIDAY PAY FORMULA – FOR NOW!
May 10, 2018
On January 1, 2018, a number of amendments to the Employment Standards Act, 2000 (“ESA”) came into effect under Bill 148. These amendments required substantial updates to employer practices, policies, and handbooks. One of the amendments was to the public holiday pay formula in Part X of the ESA. However, the new rules and formula
Expertise
Employment Law
Ontario Introduces New Funding Requirements for Defined Benefit Pension Plans
May 8, 2018
On April 20, 2018, the Government of Ontario filed long anticipated amendments to the general regulations under the Pension Benefits Act, which significantly change the funding requirements for defined benefit pension plans. The regulations are the product of a public consultation begun by the Ontario government, initially announced in the 2015 Ontario Economic Outlook and
Practice Area
Pension and Benefits