Posts By: Sharaf Sultan

Management of Human Rights issues matters whether or not a claim is legitimate

The Ontario Human Rights Tribunal (the “Tribunal”) in Sears v Honda of Canada Mfg., 2014 HRTO 45 serves as a reminder to employers of the importance of both carefully and proactively managing human rights issues in the workplace. The case involved an employee who was suffering from progressive deterioration of his eyesight, including difficulties relating to… Read more »

Human Rights law: Does a lack of knowledge save an employer from liability?

Human rights law dictates that employers must accommodate an employee in relation to a disability to the point of “undue hardship”. In most circumstances an employer has direct knowledge of circumstances (such as a disability) underlying a request for accommodation.  There are however circumstances in which an employer does not have direct knowledge of the facts which… Read more »

Ontario Adding New Statutory Leaves of Absence

Beginning on October 29th, 2014 Ontario will have in place three (3) new leaves of absence. The Employment Standards Act, 2000 (the “ESA”) will specifically be adding the following: Family caregiver leave – Up to 8 weeks per year to care for a family member with a serious medical condition Critically ill child care leave – Up to 37… Read more »

Federal Government Announces Sweeping Changes to Temporary Foreign Worker Program

The Federal Government today announced sweeping changes to Canada’s Temporary Foreign Worker Program.  These are the most comprehensive changes made to the program to date and signify both increased restrictions for entry of foreign workers, greater enforcement by the government, as well as increased penalties for non-compliance. The following highlights some of the major changes to the… Read more »

Supreme Court expands circumstances when a trial can be avoided

The Supreme Court of Canada released a decision on January 23, 2014 which will likely expand the numbers of cases that reach a final judgement before going to a full trial. The decision, Hryniak v. Mauldin, involved a claim relating to civil fraud.  The case had initially been decided by the Ontario Superior Court of… Read more »

Crossborder employment litigation: When can international employees sue in Canada?

The number of employees working across and between borders is increasing at a rapid rate.  Specifically, the steady increase in global trade means employees are regularly moving between jurisdictions in order to assist an organization with both setting up and managing its operations.  This trend is particularly prevalent in Canada which is highly dependent on international trade, particularly… Read more »

Ontario Court of Appeal Significantly Reduces Damages Awarded to Employee

The Ontario Court of Appeal released a decision on May 22, 2014 which significantly reduced the damages awarded to a former employee of Wal-Mart.  The decision, Boucher v. Wal-Mart Canada Corp. and Jason Pinnock specifically reviewed the decision of the Ontario Superior Court of Justice and the award of damages, including aggravated and punitive damages. The… Read more »

Canadian Citizenship Rules Set to Undergo Major Change

The Federal government has recently proposed far-reaching changes to the rules applicable to the granting of Canadian citizenship to permanent residents.  The proposed changes, described in Bill C-24, Strengthening Canadian Citizenship Act, are currently being reviewed by the House of Commons. The following summarizes some of the major components of the proposed changes to the Citizenship Act:… Read more »