Category: Employment & Labour

Top 10 Developments in Canadian Employment and Labour Law in 2019

January 13, 2020

2019 brought a number of significant developments to employment and labour law in Canada. We have collected and briefly highlighted our picks, in no particular order, for the top 10 developments from across the country. 1. Arbitration Clauses in Employment Contracts 2. No Tort of Harassment In Ontario 3. Courts Continue to Grapple with Termination Clauses 4. Most Provinces Increase…

Recent Developments in Pensions and Employee Benefits Law

November 21, 2019

We invite you to join us for our semi-annual program exploring recent updates and legal developments in pensions and employee benefits law as well as recent employment and labour law changes. Topics: Case Law and Regulatory Round-Up Lindsay McLeod Enhanced Benefit Security: What Plan Sponsors Should Understand About Recent Government Changes and Further Proposals Kathryn Bush Member Communications and Beneficiary…

Clawback Policies Gain More Ground in Canada

November 18, 2019

Despite a lack of legislative change over the past eight years, the use of “clawback” provisions—arrangements under which an employee forfeits previously awarded compensation—have become increasingly common in Canada. Canadian public companies listed in the U.S. are subject to statutory clawbacks for certain employees. As well, certain Canadian financial institutions regulated by the Office of the Superintendent of Financial Institutions…

U.S., U.K. Track How Employees’ Salary Stacks Up Against CEO Pay: Is Canada Next Stop for CEO Pay Ratio Disclosure?

October 21, 2019

Each year in January, the Canadian Centre for Policy Alternatives (CCPA) publishes a report on the compensation of the 100 highest-paid chief executive officers (CEOs) of companies on Canada’s S&P/TSX Composite Index, and includes a comparison between the CEOs’ compensation and the average annual income of a Canadian worker. There’s a growing interest in executive compensation relative to other compensation…

Reminder for Federally Regulated Employers: Sweeping Changes to Canada Labour Code Coming September 1, 2019

August 26, 2019

Part III of the Canada Labour Code (Code) and its accompanying regulations, which provide labour standards for federally regulated employers, are scheduled to undergo significant changes pursuant to the coming into force of certain provisions of Bill C-86, the Budget Implementation Act, 2018, No. 2 (Bill C-86), and Bill C-63, the Budget Implementation Act, 2017, No. 2 (Bill C-63). The…

Court of Appeal Confirms: Reasonable Notice Is Capped At 24 Months, Absent Exceptional Circumstances

July 29, 2019

Employers can breathe easy once again knowing that common law reasonable notice is still capped at 24 months, absent exceptional circumstances. On June 19, 2019, the Court of Appeal for Ontario (Court of Appeal) released its decision in Dawe v. The Equitable Life Insurance Company of Canada, in which it overturned the lower court decision to award 30 months’ notice…

Recent Developments in Employment and Labour Law

June 20, 2019

The Blakes Employment & Labour group invites you to attend a client seminar on current employment and labour law issues in Canada. Topics and Speakers: Recent Developments in Dismissal Law Andrea York, Partner “But He Threw the First Punch!”: A Legal Update on Violence in the Workplace Daryl Cukierman, Partner Who’s the Boss? Trends in Independent Contractor Misclassification Noemi Blasutta,…

Open for Business Act: What It Means for Alberta Employers

May 29, 2019

BACKGROUND On April 16, 2019, the United Conservative Party (UCP) won Alberta’s provincial election and went on to form a majority government. Several of the UCP’s campaign promises involved reversing changes made to Alberta’s employment and labour laws by its former New Democratic Party (NDP) government. As a result, one of the UCP’s first orders of business has been to…

Overtime for Employees Paid on an Annual Basis: Quebec’s Superior Court Denies Class Action Authorization

May 21, 2019

In its recent decision in Godin c. Aréna des Canadiens inc. (Decision), the Québec Superior Court (Court) refused to authorize an employment class action against Aréna des Canadiens inc. and Aréna du Rocket inc. (Arenas). The plaintiffs claimed that salaried employees were entitled under Quebec law to overtime pay if they worked more than 40 hours in one week. In…

Quebec Court of Appeal Weighs in on Defences Available to Directors in Unpaid Wages Lawsuit

April 11, 2019

The Quebec Court of Appeal (Court of Appeal) recently addressed the timely and important issue of the scope of the defences available to corporate directors being sued under section 119(2) of the Canada Business Corporations Act (CBCA) in relation to unpaid wages. In Desgagné c. Commission des normes, de l’équité, de la santé et de la sécurité du travail (available…