Supreme Court of Canada confirms marital/family status in Ontario Code should be given broad/liberal interpretation
In B. v. Ontario (Human Rights Commission), 2002 SCC 66, the Supreme Court of Canada confirmed that "marital status" and "family status" in the Ontario Human Rights Code should be given a broad and liberal interpretation in the employment context.
Law firm Oglivy Renault has reviewed the decision in this article: "All in the Family: Supreme Court of Canada Decision on 'Family Status' and Employment" (December 1, 2002).
The May 2002 Employment and Labour Law Update from Sherrard Kuzz LLP includes an article entitled, "Fiduciary Duties May Not Survive Wrongful Dismissal". The article reviews the decision in Zesta Engineering Ltd. v. Cloutier, 2001 CanLII 28294 (ON S.C.).
A lawyer at Clark Wilson, a Vancouver, BC law firm, has written a paper entitled "Post Employment Competition and Customer Solicitation" (2001). The paper's Table of Contents sets out the following topics: read more »
Wrongful dismissal lawsuit in Ontario stayed; arbitration clause required dispute to be dealt with in Ohio
In Ross v. Christian & Timbers Inc., 2002 CanLII 49619, the Ontario Superior Court of Justice ruled that a wrongful dismissal lawsuit in Ontario should be stayed in light of an arbitration clause in the former employee's employment contract that required disputes to be dealt with by an arbitration in Ohio and in accordance with Ohio law.
In reaching this decision, the court stated as follows:
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Mark E. Geiger, a labour and employment lawyer at Blaney McMurtry in Ontario, has prepared a paper entitled "Managing Relationships with Independent Contractors". The paper addresses the following: read more »
"Computer & Email Workplace Surveillance in Canada: The Shift From Reasonable Expectation of Privacy to Reasonable Surveillance"
Professor Michael Geist, at the University of Ottawa, Faculty of Law, has written a 58-page paper on "Computer & Email Workplace Surveillance in Canada: The Shift From Reasonable Expectation of Privacy to Reasonable Surveillance" (March 2002). The paper was prepared for the Canadian Judicial Council.
Quebec lawyer Theodore Goloff has written a comprehensive employment law paper entitled, "Discipline and Discharge In Quebec At the Birth Of The New Millenium" (undated).
The paper's Preface reads as follows:
Canada's constitution divides responsibility with respect labour relations and some areas of employment law between the federal and provincial parliaments. Unlike the U.S., the presumptive jurisdiction in labour and employment is provincial, not federal, and this whether the employer opera tes nationally or not. Because property and civil rights are assigned by the Canadian constitution to provincial jurisdiction, the law of contract, and per force the laws that govern the making, enforcement and termination of employment contracts are governed by the laws of the province in which the matter arises. read more »
Volunteer relationship with Rape Relief Society captured by definition of "employment" in BC Human Rights Code
Two lawyers at Davis & Company in Vancouver have written a paper entitled, "Restrictive Covenants in Franchising – Drafting and Enforcement".