News & Publications Results

This summary provides an update of a case reviewed at our recent client seminar. The Ontario Court of Appeal has overturned a lower court's decision awarding damages for the negligent infliction of mental suffering in employment. Contrary to the trial level judgment, the court found that an employer does not have a duty to protect employees throughout the course of their employment from actions which might cause them mental distress.

The Office of the Information and Privacy Commissioner of Alberta has recently found that an employer who conducted pre-employment credit checks of applicants for the position of retail sales associate had breached the requirements of the Alberta Personal Information Protection Act ("PIPA").

Upon proclamation of amendments to the Motor Vehicle Act, the use of handheld electronic devices while driving or operating a motor vehicle will be prohibited in British Columbia effective January 1, 2010.

Employers should ensure that their employees are informed of the new legislation and required to comply with the law when operating any motor vehicle for business purposes, whether the vehicle is personally owned or provided by the employer.

A recent decision of the B.C. Supreme Court, Besse v. Dr. A.S. Mechner Inc., 2009 BCSC 1316, serves as a reminder that employers do not have the right to lay off employees temporarily (and without severance) unless this right is specified in the employment agreement.

Patricia Gallivan, Q.C., has been honoured as a recipient of the Lexpert Zenith Award.

This publication discusses the recent rulings in Robertson v. West Fraser Timber Co. Ltd., 2009 BCSC 602 and Imperial Oil Ltd. v. Communications, Energy & Paperworkers Union of Canada, Local 900, 2009 ONCA 420.

The Labour Market Opinion (LMO) program of Service Canada has recently changed.

To better assist our clients through uncertain economic times, Lawson Lundell LLP announces the formation of its Financial Recovery Group.

On July 17, 2008, the Supreme Court of Canada in Hydro-Québec v. Syndicat des employé-e-s de techniques professionelles et de bureau d'Hydro-Québec, 2008 SCC 43 clarified that there are limits to the employer's duty to accommodate.

Newsletter from the Labour and Employment Law Group.

On June 27, 2008, the Supreme Court of Canada released its decision in Keays v. Honda Canada Inc. and overturned the decision of the Ontario Court of Appeal and narrowed the scope of Wallace damages for the "bad faith" manner of dismissal.

On January 1, 2008, amendments to the B.C. Human Rights Code came into force which prohibit discrimination against persons age 65 or older. One of the primary effects of these changes is that mandatory retirement in B.C. is no longer permitted.

Effective January 1, 2008, employers in B.C. will no longer be entitled to have mandatory retirement policies requiring all employees to retire at age 65.

Newsletter from the Labour and Employment Law Group.

This paper will consider the background of the move to eliminate mandatory retirement, and after considering the arguments for and against mandatory retirement, the implications of a ban on mandatory retirement for the human resource practices of employers in British Columbia will be examined.

Speaking notes for a presentation to the Business Council of BC: Labour Relations and Human Resources Conference on November 26, 2002.

Computers, and computer tools such as email and the internet, have changed the way many employees work. These tools have also changed the way employers can monitor an employee’s behaviour. Balancing the employer’s right to monitor its workforce with the employees’ right to privacy with respect to technology use is becoming an increasingly contentious issue in the workplace.