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Insight
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January 21, 2020

Canada: Supreme Court Limits Safety Inspection Duty of Federally Regulated Employers to Workplaces under Their Control

In a recent decision, the Supreme Court of Canada clarified the extent of a federally-regulated employer’s inspection obligations under the Canada Labour Code, holding that the duty to inspect extends only to workplaces an employer controls.

Insight
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January 8, 2020

15 Key Developments in Canadian Labour & Employment Law in 2019

Canada saw significant developments in labour and employment law in 2019. Here is our Littler LLP overview of 15 key developments in 2019 with links to more detailed articles and commentary.

ASAP
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December 19, 2019

Deal or no Deal? Ontario, Canada Court Determines Employer and Employees Agreed to Settlement Absent Written Contract

An Ontario court recently applied the basic contract law principle that an agreement is formed when an offer is made and accepted, and consideration exchanged; the contract’s terms need not be in writing to be enforceable.

Insight
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December 16, 2019

Supreme Court of Canada to Decide Extent of Employers’ Duty of Trust, Honesty and Good Faith in Performance of Incentive Plans and Employment Contracts

The Supreme Court of Canada will issue a decision in 2020 that is expected to have profound impact on the relationship between employers and employees.

Insight
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December 4, 2019

ONTARIO, CANADA: Not Discrimination to Provide Part-time Benefits to Employee Permanently Accommodated with Part-time Work Due to a Disability

The Ontario Divisional court recently held that an employer is not discriminating against an accommodated employee who can only work part-time because of a disability when it fails to provide the employee the benefits that a full-time employee receives.

ASAP
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December 2, 2019

Ontario, Canada: Occasional Flexibility Does Not Alter Terms and Conditions of Employment Contracts

The Divisional Court of Ontario’s Superior Court of Justice recently found that an employer’s occasional leniency with regard to an employee’s terms and conditions of employment does not render those requirements unenforceable.

ASAP
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December 2, 2019

CANADA: How Can Employers Mitigate Liability for Incidents Related to Alcohol or Cannabis Consumption at Holiday Parties?

In Canada, employers that host holiday parties for their employees could expose themselves to significant common law liability for the actions of an employee or guest who is under the influence of alcohol or cannabis.

ASAP
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November 25, 2019

Canada: How Can Employers Prepare for Edible Cannabis’ Impending Arrival to Physical and On-Line Cannabis Stores?

When Canada’s Cannabis Act and supporting regulations came into force on October 17, 2018, Canada became the first major world economy to establish a legal framework at the federal level for the adult recreational use of cannabis.

Insight
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November 18, 2019

Ontario, Canada: Without-Cause Termination Provision Upheld

A Canadian employee's attempt to invalidate an employment contract failed, even though one provision in the contract, the just-cause termination provision, was invalid.

ASAP
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November 15, 2019

Ontario, Canada: Human Rights Tribunal Awards $120,000 Award for Discrimination in Hiring Process

The Human Rights Tribunal of Ontario recently rendered its decision on remedy in a case in which it found the employer’s practice of requiring job applications to be permanently eligible to work in Canada as discriminatory.

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