News & Events

The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail; its roof may shake; the wind may blow through it; the storm may enter; the rain may enter; but the King of England cannot enter — all his force dares not cross the threshold of

On February 6, 2024, the Federal Court of Appeal (the “Court”) dismissed a judicial review application brought by the Attorney General of Canada (the “AGC”)  in Canada (Attorney General) v. Lyons, 2024 FCA 26. In that ruling, the Court found the decision of the Federal Public Sector Labour Relations and Employment Board (the “Board”) in

The Not-for-Profit Corporations Act, 2010 (Ontario) (the “ONCA”) came into force and replaced the predecessor legislation governing Ontario not-for-profit corporations, the Corporations Act (Ontario) (the “OCA”). Among other things, the ONCA streamlines the incorporation of Ontario not-for-profit corporations (“NFPs”), simplifies certain processes including those in connection with registrations, searches and filing annual returns, introduces a

A recent decision of the Ontario Labour Relations Board found that the Employer could not use the results of a post-incident drug test to suspend or dismiss the employee. The Grievor reversed a vehicle into the hitch of a trailer damaging the door of the vehicle. The incident analysis, as conducted by the company, indicated

Koskie Minsky acted in a recent case before the Workplace Safety and Insurance Appeals Tribunal (the “WSIAT”), where David Ragni, a lawyer in our labour department, successfully argued that an injured worker was entitled to reimbursement for medical cannabis purchased from Compassion Clubs without receipts. Background In 2007, the injured worker received authorization from Health

Both the federal and Ontario 2023 budgets include measures intended to draw and maintain workers in the skilled trades. Both budgets tie the need for more workers in the skilled trades to plans to increase the building of new homes in the coming years. Canada’s 2023 Budget aims to assist tradespeople in purchasing equipment through

Lyons v Deputy Head (Correctional Service of Canada), 2022 FPSLREB 95 On November 21, 2022, the Federal Public Sector Labour Relations and Employment Board (the “Board”) released its decision in Lyons v Deputy Head (Correctional Service of Canada), 2022 FPSLREB 95. This decision follows the Board’s previous ruling in Lyons v Deputy Head (Correctional Service

  On October 31, 2022 the Ontario government introduced Bill 28 (“Bill 28”), the Keeping Students in Class Act. The Bill involves a broad and aggressive legislative attack on the constitutional rights of workers to engage in collective bargaining. Bill 28 arrived in the midst of ongoing bargaining between the government and education workers represented by

As public health responses adapt to an ongoing and evolving COVID-19 pandemic, now dominated by the Omicron variant, arbitrators continue to consider whether mandatory workplace vaccination policies remain reasonable. In two recent decisions, Alectra Utilities Corporation v Power Workers’ Union and FCA Canada Inc. v Unifor, Locals 195, 444, 1285, labour arbitrators recognized the importance

In a decision issued on February 7, 2022, Arbitrator Gail Misra struck down an employer’s policy for mandatory vaccination against COVID-19 to the extent that the policy contemplated termination as an “automatic” penalty for non-compliance. The decision deals with a policy grievance by Healthcare, Office and Professional Employees Union, Local 2220 (“the Union”) against Chartwell