Skip to Content

Topical Articles

"Privacy In Practice: Top 10 Workplace Q&As"

Andrea York, a lawyer at Blakes, wrote a paper entitled, "Privacy In Practice: Top 10 Workplace Q&As" for the Six-Minute Employment Lawyer conference that was presented by The Law Society of Upper Canada in Toronto on June 15, 2010. 

The 10 questions she addresses are:  read more »

"Quebec Court Discusses Rights And Obligations Regarding Employee Inventions"

Jurisdiction: - Quebec

Ogilvy Renault lawyer George R. Locke has prepared a newsletter article entitled, "Quebec Court Discusses Rights And Obligations Regarding Employee Inventions" (June 2010).

The article addresses the Quebec Court of Appeal's decison in Corporation de l'École Polytechnique de Montréal v. Fardad, 2010 QCCA 992, in which it ruled in favour of the academic inventor and against the university.

"Accommodation of Mental Disabilities in B.C."

Jurisdiction: - British Columbia

"Accommodation of Mental Disabilities in B.C." (June 2010) is the title of a paper written by Taryn Mackie. Ms. Mackie is a lawyer at Bull Housser Tupper in Vancouver, BC.

The Table of Contents set out the following topics:

  1. What Constitutes a Mental Disability under the Human Rights Code
  2. Properly Assessing the Disability
  3. The Employer's Duty to Make Inquiries
  4. Determining the Nature and Extent of the Accommodation
  5. The Employee's Obligations with respect to Accommodation 
  6. Case Example: ADGA Group Consultants Inc. v. Lane
  7. Terminating Employment When Accommodation is Not Possible or is Unsuccessful

"Untangling The Web: Social Networking in the Workplace"

Melanie D. McNaught at Filion Wakely Thorup Angeletti LLP in Ontario presented a paper called "Untangling The Web: Social Networking in the Workplace" at the firm's June 11, 2010 client seminar. The paper addresses the following four questions of interest to employers:

 read more »

"Privacy Topics in Labour Relations"

Lorene A. Novakowski with the assistance of Kelly Duggleby, both of Fasken Martineau DuMoulin LLP in Vancouver, wrote a paper entitled, "Privacy Topics in Labour Relations" for the Labour Relations Conference - 2010 (Continuing Legal Education Society of British Columbia) (June 2010).

The paper addresses the following:

  • Recent Privacy Cases of Interest in Labour Relations

    • Background Checks
    • GPS
    • Video Surveillance on the Picket Line
    • Access Request to Unions
  • Access and Privacy Issues: The White Paper of the Office of the Information and Privacy Commissioner for British Columbia A Guide for Tribunals
  • Charter Values and Surveillance Should Doman Finally be Abandoned

Top 10 developments in Canadian employment and labour law in 2009-2010

Lawyers at Gowlings have put together a powerpoint and paper on the what they view as the Top 10 developments in Canadian employment and labour law in 2009-2010.

"Workplace Harassment Investigations Under the (Ontario) Occupational Health and Safety Act"

Jurisdiction: - Ontario

Mary Beth Currie at Bennett Jones LLP in Toronto has written a paper entitled, "Workplace Harassment Investigations Under the Occupational Health and Safety Act" (June 2010).

The paper addresses whether harassment investigation policies developed under the Ontario Human Rights Code will satisfy the requirements of Bill 168, which amends the Ontario Occupational Health and Safety Act.

Portions of this paper were presented at the Ontario Bar Association/Law Society of Upper Canada conference "Workplace Violence and Harassment: Advising Clients on Amendments to Bill 168" held on March 10, 2010.

"Employer Rights and Obligations in Connection with Employee Personal Medical Information"

Vancouver labour and employment lawyers Carmen Overholt, Q.C. and Matthew Curtis have written a paper on, "Employer Rights and Obligations in Connection with Employee Personal Medical Information".

The paper was written for the Meeting of the Council of Industrial Relations Executives on June 8 and 9, 2010 in Vancouver, British Columbia with the assistance of David R. Phillips, articled student.

Navigating Pension and Benefit Issues on Termination of Employment

Mary Picard, a lawyer at Fraser Milner Casgrain LLP, recently presented a paper entitled "Navigating Pension and Benefit Issues on Termination of Employment" at the 8th Annual Pension and Benefits Hot Spots: Essential Updates on Key Legal Issues conference.

The paper addresses, among other topics, Bill 236 (which amends the Ontario Pension Benefits Act), an employer's duty to disclose benefits information, salary continuance issues and payments in lieu of pension accruals.

The paper can be found at the link below.

"Disability Management Compliance"

Jurisdiction: - Alberta

Three Calgary lawyers at Gowlings - David Corry, Loretta Bouwmeester and Chris Sabat - have prepared a a 48-page overview of the key legal considerations for employers in "Disability Management Compliance". The Table of Contents is as follows:  read more »