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Archive for ‘Substantive Law: Legislation’

More Onerous Duty to Accommodate Workplace Injuries

A recent Quebec Court of Appeal decision will make it more onerous for employers to meet their duty to accommodate in the context of a workplace injury. The Court of Appeal found that an employer must seek suitable employment for an employee returning to work from an injury, offer reasonable accommodation to the employee to the point of undue hardship, and conduct an assessment to ensure the accommodation complies with the provisions of the Quebec Charter of Human Rights and Freedoms. . . . [more]

Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Apology Accepted, but Not as Evidence!

From a young age, we’re all taught to apologize when we do something wrong. As we get older, we learn to apologize even when we are right (or think we are – see here for further information related to apologies in the marital context).

However, in a professional context, we often hesitate to apologize out of fear for liability. Fortunately, in Ontario, there is legislation in place to take mitigate some of that risk and allow people to apologize with less fear.

The Ontario Apology Act came into force on April 23, 2009. Section 2(1) states that “an apology made . . . [more]

Posted in: Substantive Law: Legislation

Government of Canada v. Face Coverings: A Debate on the Limits to Freedom of Religion

On September 16, 2015, the federal government decided to appeal to the Supreme Court of Canada the case of Canada (Citizenship and Immigration) v. Ishaq, 2015 FCA 194 (CanLII), in which the Federal Court of Appeal ruled that it was unlawful for the Canadian government to ban new citizens from reciting the citizenship oath with a face covering.
Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

More Guidance From CRTC on CASL – It’s Still a Mess

The CRTC recently published a document with some guidance on implied consent under CASL.

The parts about “Can I send CEMs to an email address I find online?”, “How can I prove I have consent?”, and “What records should I be keeping?” show how difficult, if not impossible, it is to comply with CASL in practice.

CASL and its interpretation is so granular and so nuanced that the average business doesn’t stand a chance of getting it consistently right. The email address publication relevance issue, for example, is so fraught with risk that it isn’t worth tempting fate with . . . [more]

Posted in: Substantive Law: Legislation

Criminal Charges Laid Against Nova Scotia Employer Under the Westray Bill

The former owner of an auto body shop in Dartmouth, Nova Scotia was recently charged with criminal negligence causing death under federal Bill C-45, colloquially known as the “Westray Bill.” The charges relate to a 2013 workplace accident where a car caught fire causing the death of a 58-year-old mechanic. This is the first charge under the Westray Bill against a Nova Scotia employer.

The Westray Bill was passed in 2004 and amended the Criminal Code to impose criminal liability on employers who fail to ensure the safety of their workers. The Westray Bill was created in the wake of . . . [more]

Posted in: Substantive Law: Legislation

AODA, the Customer Service Standard, and Service Animals: Part 3- Potential Challenges

This is Part 3 in a series looking at the requirements related to “service animals” under the Accessibility Standards for Customer Service, Ontario Regulation 429/07 (the “Standards”) of the Accessibility for Ontarians with Disabilities Act (the “Act”). Click here for Part 1 and Part 2.

For organizations that are subject to the Standards, service animals must be allowed to enter the premises unless “otherwise excluded by law.” The Ministry of Economic Development, Employment & Infrastructure website specifically identifies regulations under the Health Promotion Act and the Food Safety and Quality Act, 2001, respectively, as two examples of . . . [more]

Posted in: Substantive Law: Legislation

AODA, the Customer Service Standard, and Service Animals: Part 2- What Is Required?

This is Part 2 in a series looking at the requirements related to “service animals” under the Accessibility Standards for Customer Service, Ontario Regulation 429/07 (the “Standards”) of the Accessibility for Ontarians with Disabilities Act (the “Act”). Please click here for Part 1.

Section 4 of the Standards requires organizations providing “goods and services to the public or other third parties at premises owned and operated by the provider of the goods or services” (“Providers”) to ensure that a person with a disability accompanied by a service animal “is permitted to enter the premises with the animal and to . . . [more]

Posted in: Substantive Law: Legislation

Fighting Hate Speech

The Quebec government tabled Bill 59, An Act to enact the Act to prevent and combat hate speech and speech inciting violence and to amend various legislative provisions to better protect individuals on June 10, 2015. The Bill prohibits publicly broadcasting hate speech or speech inciting violence aimed at a group of people protected from discrimination in Section 10 of the Quebec Charter of Rights and Freedoms. Enabling or counseling such acts would also be prohibited. . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

Minimum Wage on the Rise – Changes in Alberta and Ontario Could Be Just the Beginning

Just over one month ago, under the leadership of Premier Rachel Notley, the Albertan government announced that, effective October 1, 2015, minimum wage would increase in the province from $10.20 to $11.20 per hour. The increase is the first step for Premier Notley’s NDP in their quest to increase minimum wage to $15 per hour by 2018, a promise that was made repeatedly during the NDP’s 2015 provincial campaign. The changes will end Alberta’s reign as the jurisdiction with the lowest minimum wage in the country.

Interestingly, on the same day that Alberta’s minimum wage will increase, Ontario’s minimum . . . [more]

Posted in: Substantive Law: Legislation

Ontario Lawyers: Rule 48 Transition Toolkit Helps You Avoid Administrative Dismissal Claims

Effective January 1, 2015, a new Rule 48.14 brought significant changes to the administrative dismissal regime in Ontario. After several hundred claims and almost $10 million in claims costs in three and a half years, LAWPRO is happy to see old Rules 48.14 and 48.15 revoked.

While the new rule may help stem the tide of claims, the changed deadlines, processes and transition provisions introduce new claims risks that may trap the unwary lawyer. . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation