Court of Appeal Finds CERB and CRB Justifiably Violated Charter Rights of Disabled Workers

Bottom Line In Jacob v. Canada (Attorney General), the Ontario Court of Appeal (the “Court of Appeal”) found that the $5,000 income thresholds for both the Canada Emergency Response Benefit (“CERB”) and the Canadian Recovery Benefit (“CRB”) breached section 15(1) of the Canadian Charter of Rights and Freedoms (“Charter”), as did the manner in which […]

Railway Labour Dispute Resolved: Arbitration Forces Parties to Get Back on Track

Bottom Line On August 24, 2024, the Canada Industrial Relations Board (the “Board”) imposed binding arbitration on Canadian National Railway (“CN”), Canadian Pacific Kansas City (“CPKC”), and the Teamsters Canada Rail Conference (the “Union”). This decision aimed to address severe disruptions caused by labour stoppages that had significantly impacted freight shipments, commuter services, and overall […]

Changes to the International Student Work Program: Anticipated New Cap on Work Hours

Bottom Line Hon. Marc Miller, the Minister of Immigration, Refugees and Citizenship Canada, (the “Minister”) recently announced upcoming changes to the International Student Work Program, whereby the maximum number of hours an international student can legally work would increase. Beginning sometime in the fall of 2024, international students who hold study permits but not work […]

Confidentiality Limited: When Anonymous Whistleblowers Must Be Identified

Bottom Line In Jarvis v The Toronto-Dominion Bank (“Jarvis”), the Ontario Superior Court of Justice (“Court”) ordered that a complainant’s identity be disclosed in the context of a wrongful dismissal lawsuit, despite promises of confidentiality extended during a workplace investigation. The employer, TD Bank, claimed it had just cause to terminate the plaintiff employee based […]

Over 10,000 US Hotel Workers Strike Against Major Hotel Chains

Bottom Line Over 10,000 hotel workers across the United States participated in a large-scale multi-city strike against major hotel chains over Labour Day weekend. The strikes began after Unite Here (the “Union”) failed to reach an agreement in contract negotiations with the hotel chains. While the hotel strikes are currently limited to workers within the […]

Open for Comment: Consultation on New Job Posting Rules in Ontario

Bottom Line Until September 20, 2024, employers and other stakeholders can provide comments on the proposed new rules for job postings in Ontario. These proposed rules include the new Part III.1 (Job Postings) in the Employment Standards Act, 2000 – which is not yet in force – and those further amendments in Bill 190, the […]

Making a Promise Can Cost Employers Dearly

Bottom Line The Ontario Superior Court of Justice (the “Court”) recently found that an agricultural employee was entitled to nearly $440,000 in damages following his constructive dismissal by an employer. The employee had worked for that employer for his entire working life. Included in this quantum of damages was $250,000 as a retiring allowance that […]

18 Lawyers Recognized by Best Lawyers® in Canada 2025

Congratulations to our 18 colleagues who have been ranked as leading labour & employment, education, and workers’ compensation law practitioners in the 2025 edition of Best Lawyers® in Canada: Robert Bayne, Ashley Brown, Evan Campbell, Sarah Crossley, Casey Dockendorff, Jonathan Dye, Jane Gooding, Donald Jarvis, Laura Karabulut, Jamie Knight, Christopher Little, Melanie McNaught, Carol Nielsen, Carl Peterson, […]