The law firm of Cassels Brock & Blackwell has issued their, "Top 10 Employment And Labour Law Cases In 2013".
The cases on their list are set below. Note: the summaries with the cases are mostly my word-for-word cut and paste's from the original article:
1. Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd., 2013 SCC 34
The Supreme Court of Canada ruled that random alcohol testing in the workplace is prohibited unless the employer can prove that, in addition to having a dangerous workplace, there are other pressing factors such as an overt substance abuse problem in the workplace.
2. Pate Estate v. Harvey (Township), 2013 ONCA 669
The Ontario Court of Appeal agreed that the Township employer had severely mistreated the dismissed employee, but reduced the punitive damages award from $550,000 to $450,000. read more »
SCC: Restrictive covenant rules differ depending on whether tied to sale of business or employment contract
In Payette v. Guay inc., 2013 SCC 45, the Supreme Court of Canada confirmed that the rules applicable to restrictive covenants differ depending on whether the covenants are tied to a sale of a business or to an employment contract. For more information on this case, see my previous entry here: "SCC to hear Quebec case on impact of sale of business, wrongful dismissal on enforceability of non-compete".
Ontario court urges "business transaction" exemption be added to PIPEDA, grants order for disclosure
In the Matter of an Application Under Rules 14.05(3)(d), 2012 ONSC 2530, a decision issued on April 26, 2012, the Ontario Superior Court of Justice granted an order allowing the vendor financial institution to disclose personal information to the purchaser, pursuant to an asset purchase transaction.
In doing so, the court urged, effectively, for the implementation of "business transaction" provisions such as those found in the BC and Alberta PIPAs, stating:
It is evident from this long list of cases that Farley J. was prescient in suggesting that "this type of situation should be addressed to avoid unnecessary court applications." I join Farley J. in urging that a route be provided that will permit the disclosure of the necessary personal information in such circumstances as these to avoid wasting the court's time and the parties' funds (at para. 12). read more »
SCC to hear Quebec case on impact of sale of business, wrongful dismissal on enforceability of non-compete
The Supreme Court of Canada announced today that it will hear the appeal in Yannick Payette, Mammoet Canada Eastern Ltd., successor to Mammoet Crane Inc. v. Guay inc. (Que. C.A., Dec. 12, 2011) (34662).
As set out in the Court's summary, the key issue on appeal is whether the Quebec Court of Appeal erred in applying a non-competition clause despite the broad scope of the clause and the wrongful termination of employment relationship in light of the Civil Code regime.
By way of background, the Court's summary states: read more »
Employer not required to hold corporate reorganization in abeyance pending resolution of employee's disability
Postscript: Jennifer M. Shepherd and Gulu Punia at the Fasken Martineau office in Calgary have prepared the following summary of this decision: "Accommodation Does Not Prevent Corporate Reorganization" (February 1, 2011).
The federal government has finally introduced the long awaited and much needed amendments to PIPEDA, the private sector privacy legislation that applies to federally regulated operations, and also provincially regulated operations in some capacities in all provinces except BC, Alberta and Quebec.
The proposed amendments are in response to the 2007 report that followed the mandatory statutory review of PIPEDA.
Key among the proposed amendments - which were introduced on May 25, 2010 and contained in Bill C29 (An Act to Amend Personal Information Protection and Electronic Documents Act) - are: read more »