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Canadian Human Rights Commission revises policy on drug and alcohol testing

Jurisdiction: - Canada/Federal

The Canadian Human Rights Commission announced this week that it has revised its policy on drug and alcohol testing. The revised policy can be read here.

Judge reserves decision in Scotiabank unpaid overtime class action certification application

Jurisdiction: - Canada/Federal - Ontario

The Ontario judge hearing the Scotiabank unpaid overtime class action certification application has reserved his decision, according to this Canadian Press article. (You can read the Statement of Claim here).

The Scotiabank case is the second of the "Big Three" unpaid overtime class action certification appplications to be brought by the same coalition of law firms.   read more »

"From Independent Contractor to Employee"

Jurisdiction: - Canada/Federal - Ontario

Megan Wright (now Megan Burkett) at Keyser Mason Ball in Ontario, has written an article entitled, "From Independent Contractor to Employee"(undated).

The paper addresses the question: at what point does an independent contractor become an employee? 

Ms. Wright notes that a non-exhaastive list of questions that are asked when examining this issue are:

  1. Does the company control the contractor's activities?
  2. Does the company provide equipment to the contractor?
  3. Does the company assume all the risk in the projects with the contractor?
  4. Does the contractor maintain an office at the company and only works out of such office?
  5. Does the contractor participate in the company benefit plans?
  6. Does the company reimburse the contractor for expenses?
  7. Does the contractor work during hours specified by the company?

CLE BC "Human Rights Conference - 2009"

Jurisdiction: - British Columbia - Canada/Federal

Day 2 of the annual CLE BC "Human Rights Conference - 2009" took place today in Vancouver. J. Grant Sinclair, Q.C., whose appointment as chair of the Canadian Human Rights Tribunal ended this week, was the luncheon speaker. He presented on section 13 of the Canadian Human Rights Act, which prohibits hate messages.  

"Overview of insolvency proceedings in Canada"

Jurisdiction: - Canada/Federal

Law firm McMillan LLP has prepared a comprehensive "Overview of insolvency proceedings in Canada" (October 2009). It outlines the Canadian legislative framework and briefly describes the receivership process, the bankruptcy regime and the formal restructuring alternatives available to debtors. The three key statutes it addresses are:

  • the Bankruptcy and Insolvency Act,
  • the Companies' Creditors Arrangement Act, and
  • the Winding-up and Restructuring Act.

New member appointed to Canada Industrial Relations Board

Jurisdiction: - Canada/Federal

The federal Minister of Labour announced today the appointment of David Paul Olsen as a full-time member to the Canada Industrial Relations Board. You can read about the appointment/Mr. Olsen here