The Manitoba Court of Appeal (the “Court”) in Pokornik v. SkipTheDishes Restaurant Services Inc., 2024 MBCA 3, recently upheld a lower court decision dismissing a large online meal delivery service’s motion to stay a class...more
2/6/2024
/ Arbitration ,
Arbitration Agreements ,
Canada ,
Class Action ,
Dismissals ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Independent Contractors ,
International Labor Laws ,
Misclassification ,
Motion To Stay ,
Unconscionable Contracts ,
Wage and Hour
The Ruling in Scheffler v Mourits Trucking Ltd.
Employees who advance civil claims for unpaid overtime with the Alberta Courts may no longer confined to the six-month period immediately preceding the date of the claim (as...more
In British Columbia (Human Rights Tribunal) v. Gibraltar Mines Ltd., 2023 BCCA 168 (“Gibraltar”), the British Columbia Court of Appeal clarified the test for establishing prima facie family status discrimination. In British...more
The Alberta Court of Appeal determined that Canada Emergency Response Benefit (“CERB”) payments are not deductible from wrongful dismissal damages, following an emerging trend from other jurisdictions....more
First Canadian Appellate Court determines that Canada Emergency Response Benefits (“CERB”) payments are not deductible from wrongful dismissal damages.
In Yates v Langley Motor Sport Centre Ltd., the British Columbia...more
With the decision of the British Columbia Supreme Court in Parmar v Tribe Management Inc. 2022 BCSC 1675 (“Parmar”), Canada has its first judicial decision considering whether placing a non-union employee on unpaid leave of...more
11/10/2022
/ British Columbia Supreme Court ,
Canada ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Infectious Diseases ,
International Labor Laws ,
Unpaid Leave ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
In Benke v Loblaw Companies Limited, the Alberta Court of Queen’s Bench held that the employer did not constructively dismiss one of their employees who had been placed on unpaid leave for failing to comply with a mandatory...more
7/19/2022
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Infectious Diseases ,
International Labor Laws ,
Masks ,
Public Health Emergency ,
Resignation ,
Unpaid Leave ,
Workplace Safety
Alberta Labour Relations Board dismisses unfair labour practice complaint against vaccination policy implemented during statutory freeze period.
In Amalgamated Transit Union, Local No. 583 v Calgary (City), the Alberta...more
3/10/2022
/ Canada ,
Collective Agreements ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Infectious Diseases ,
International Labor Laws ,
Labour Relations Boards ,
Unfair Labor Practices ,
Unions ,
Vaccinations