Category: Employment & Labour

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…

Working (More Than) 9 to 5: Changes to Ontario Overtime Rules Now in Force

April 4, 2019

Bill 66, Restoring Ontario’s Competitiveness Act, 2018, has received royal assent and is now law. The introduction of Bill 66 was the subject of our December 2018 Blakes Bulletin: Ontario Looks to Roll out More Changes to Workplace Legislation with Bill 66. Below is an overview of the changes that Bill 66 makes to the Employment Standards Act, 2000 (ESA). Eliminating…

Class Action Climate in Canada: Recent Developments and Emerging Trends

January 30, 2019

Join leading lawyers from Blakes for an interactive discussion that will span a cross-section of recent developments and hot-button topics such as: Emerging class action risks National and multijurisdictional class actions Cybersecurity and data breaches Employment, competition and securities class actions Settlement structures and considerations Following the seminar, we invite you to join us for cocktails and networking. Mandatory Continuing…

Court of Appeal for Ontario Invalidates Foreign Arbitration Clause in Standard Form Contract

January 8, 2019

The Ontario Court of Appeal (Court) has unanimously overturned the lower court’s decision in Heller v. Uber Technologies et al. that stayed a proposed class action against Uber Technologies Ltd. (and related companies, together, Uber) on the basis of a mandatory foreign arbitration clause in the driver’s services agreement. Undertaking a contextual analysis, the Court concluded that the foreign arbitration…

Ontario Looks to Roll out More Changes to Workplace Legislation with Bill 66

December 11, 2018

On December 6, 2018, the Ontario government introduced Bill 66, Restoring Ontario’s Competitiveness Act, 2018 (Bill 66). Bill 66 proposes changes to, among other things, Ontario’s Employment Standards Act, 2000 (ESA). Bill 66 follows Bill 47, Making Ontario Open for Business Act, 2018, which received royal assent on November 21, 2018 and will bring about significant changes to Ontario’s labour…

Quebec’s Act respecting labour standards: Winds of Change as the New Year Approaches

December 10, 2018

January 1, 2019 marks the coming into force of new amendments to Quebec’s Act respecting labour standards (Act). The Quebec National Assembly adopted Bill 176, An Act to amend the Act respecting labour standards and other legislative provisions mainly to facilitate family-work balance (Bill 176) in June 2018. Bill 176 was assented to the same day, and several changes came into effect…

Quebec Court of Appeal’s Analysis on Untimely Resignations and the Duty of Loyalty of Employees

December 5, 2018

The Quebec Court of Appeal (Court) has established that employees who terminate their employment relationship without notice may work for a competitor without necessarily violating their duty of loyalty. However, resigning employees still have the obligation to make reparation for harm caused by their failure to provide notice, the Court ruled. The Civil Code of Quebec stipulates that, pursuant to…