Skip to Content

"Top 10 Employment And Labour Law Cases In 2013" according to Cassels Brock & Blackwell

The law firm of Cassels Brock & Blackwell has issued their, "Top 10 Employment And Labour Law Cases In 2013". 

The cases on their list are set below. Note: the summaries with the cases are mostly my word-for-word cut and paste's from the original article:

1. Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd., 2013 SCC 34

The Supreme Court of Canada ruled that random alcohol testing in the workplace is prohibited unless the employer can prove that, in addition to having a dangerous workplace, there are other pressing factors such as an overt substance abuse problem in the workplace.

2. Pate Estate v. Harvey (Township), 2013 ONCA 669

The Ontario Court of Appeal agreed that the Township employer had severely mistreated the dismissed employee, but reduced the punitive damages award from $550,000 to $450,000.

3. 1392644 Ontario Inc. (Connor Homes) v. Canada (National Revenue), 2013 FCA 85

The Federal Court of Appeal looked to reconcile the tests used to determine which workers are employees vs. independent contractors. 

4. Wilson v. Solis Mexican Foods Inc., 2013 ONSC 5799

This was the first Ontario court decision to award damages ($20,000) under the Human Rights Code

5. Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, 2013 SCC 62

The Supreme Court of Canada ruled that the Alberta Personal Information Protection Act ("PIPA") violated section 2(b) of the Charter of Rights and Freedoms and could not be saved under section 1 of the Charter.

6. Payette v. Guay Inc., 2013 SCC 45

The Supreme Court of Canada addressed the differences in a restrictive covenants contained in purchase and sale agreements versus employment agreements.

7. Globe and Mail v. Communications, Energy and Paperworkers Union of Canada, Local 87-M, Southern Ontario Media Guild (Jan Wong Grievance)

A labour arbitrator ordered a former employee to repay the full amount of a settlement after finding that she breached the confidentiality obligation contained in the settlement agreement. The settlement agreement specifically contained a pay-back clause.

8. Saturley v. CIBC World Markets Inc., 2013 NSSC 300

The Nova Scotia Supreme Court held that CIBC had just cause to terminate a prominent Halifax investment advisor because he had engaged in unauthorized discretionary trading.

9. O'Neill v. General Motors of Canada, 2013 ONSC 4654

The Ontario Superior Court ruled that employers have the ability to alter benefits after retirement if the right is drafted in a clear and unambiguous agreement. 

10. Fair v. Hamilton-Wentworth District School Board, 2013 HRTO 440

The Human Rights Tribunal of Ontario ruled that the employer school board failed to accommodate the employee's disability and reinstated her position nearly 9 years after her termination.