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Ontario arbitrator addresses Bill 168 provisions concerning verbal threats of physical violence

Jurisdiction: - Ontario

In Kingston (City) v. Canadian Union of Public Employees, Local 109 (Hudson Grievance), [2011] O.L.A.A. No. 393 (Newman), the arbitrator upheld the dismissal of 28-year employee who uttered death threats at a co-worker.

Tha arbitrator also outlined how, in her view, Bil 168 changed the legal analysis in Ontario in four ways in cases involving verbal threats in the workplace, stating:  read more »

Entire agreement clause prohibits former CEO's claims for collateral agreement and negligent misrepresentation

Jurisdiction: - Ontario

In McNeely v. Herbal Magic Inc., 2011 ONSC 4237 the court ruled that an "entire agreement" clause in the employment contract (and in another agreement) was fatal to a former president and CEO's claim for damages for breach of a collateral agreement and for negligent misrepresentation against the company that he used to work for and that had terminated his employment.

"Are Unpaid Internships Legal in Ontario?"

Jurisdiction: - Ontario

The Ontario Ministry of Labour has posted a policy document on its website, titled "Are Unpaid Internships Legal in Ontario? (June 2011)". The policy document reads as follows:

The Ministry of Labour is committed to ensuring fairness and protecting young workers. The fact that you are called an "intern" does not determine whether or not you are entitled to the protections of the Employment Standards Act, 2000 (ESA), including the minimum wage.  read more »

Ontario Court of Appeal to consider tort of invasion of privacy in work context case

Jurisdiction: - Ontario

The Law Times ran a story ("Appeal court to consider privacy tort") today on the decision in Jones v. Tsige, 2011 ONSC 1475.

It is a case concerning two employees of the Bank of Montreal who worked at different branches. Over the course of four years, one employee (the "Defendant") accessed the personal banking information of the other employee, who was also a customer of the bank (the "Plaintiff"), on 176 occasions. 

Rather than filing a complaint with the federal privacy commissioner under PIPEDA, and ultimately going to the federal court for recourse, the Plaintiff sued the Defendant for the common law tort of invasion of privacy.

In its decision issued on March 23, 2011, the Ontario Superior Court of Justice, citing precedent, ruled that there is no tort of invasion of privacy in Ontario.

The Ontario Court of Appeal will now have an opportunity to weigh in on this issue.  read more »