Category Archives: News

Alison McEwen to Present on Inclusive Collective Agreements

On May 23, 2024, Alison McEwen will present on a Lancaster House panel called “Language Matters: Expert guidance on crafting inclusive collective agreement clauses”. The panel will discuss the importance of ensuring that the collective agreement language that unions and employers bargain is inclusive and considers and promotes workplace diversity, equity, and inclusion.

For more information or to registry, visit the webinar website.

Dayna Steinfeld to Present on Duty to Accommodate

On April 10, 2024, Dayna Steinfeld will be presenting on the duty to accommodate in return to work from disability leaves as part of the Rehabilitation Return to Work Partnership Annual Conference. Titled “Wellness: a Whole-istic Approach to Return to Work”, the one-day conference provides unions, employers, and disability case managers with current information and resources for working through return to work issues.

For more information or to register, please visit the conference website.

Amarkai Laryea to Present on EDI Considerations in Credibility Cases

On March 14, 2024, Amarkai Laryea will present on a Lancaster House panel examining how stereotypes, bias, and other equity, diversity, and inclusion considerations can influence how credibility is assessed in grievance procedures, in investigations, and at arbitration. Panelists will highlight strategies for addressing these concerns.

For more information or to register, please see the webinar website.

Kundera Provost-Yombo Presents on Workplace Racial Discrimination

On March 6, 2024, Kundera Provost-Yombo spoke on a panel hosted by the Association of Canadian Financial Officers, North America’s largest union representing exclusively accountants, comptrollers, auditors, and financial professionals.

The panel discussed the legal principles of discrimination based on race, colour, nationality, and ethnicity, as well as recent trends in legal cases addressing racial discrimination in the workplace.

Dayna Steinfeld Profiled by Manitoba Bar Association

Dayna Steinfeld has been profiled in the upcoming Member Spotlight section of the Manitoba Bar Association’s Headnotes & Footnotes March 2024 publication. Dayna first became a member of the Manitoba Bar Association in 2009 and then rejoined after returning to Winnipeg in 2016.

Click here to read about Dayna’s experiences as a member of the Bar Association and her reflections on her career as a labour and employment lawyer.

Special thanks to the MBA for granting permission to republish the article that appears in the March 2024 edition of Headnotes & Footnotes.

Amanda Therrien Co-Hosts National Association for Women and the Law 50th Anniversary Reception

On February 29, 2024, Amanda Therrien will be co-hosting the National Association of Women and the Law’s 50th Anniversary Reception and Awards Ceremony on Parliament Hill, along with NAWL Executive Director, Tiffany Butler. Members of Parliament and Senators will join NAWL to honour the substantive contributions NAWL’s volunteers and partners have made toward advancing substantive equality for women over the past 50 years.

For more information about the event and NAWL’s anniversary, please visit theanniversary website.

Class Action

CAF/DND Sexual Misconduct Class Action – Late Claims Update

The Court has made a decision respecting late claims, which can be found here.

The Court has decided that the Administrator shall accept late claims submitted after the final claims deadline of January 23, 2022, if the claimant establishes: (1) a continuing intention to pursue the matter; (2) the claim has some merit; (3) no prejudice arises from the delay; and (4) there is a reasonable explanation for the delay. The Court also noted that “the failure to establish one of the preceding criteria is not determinative as the real test is ultimately that justice be done between the parties”, but that “it will ordinarily be necessary for the claimant’s explanation to account for the totality of the delay, up to and including the date on which the claim is submitted”.

However, the Court held that the Administrator cannot accept any late claims beyond 30 days following this decision, being Sunday, February 5, 2023

  • If you already submitted your claim after January 23, 2022, you must provide reasons to the Administrator setting out how you believe you meet the above test as soon as possible, and no later than February 5, 2023. If you already provided an explanation for why your claim was late when you submitted it, you may want to update that explanation to ensure you satisfy the test above.
  • If you have not yet made a claim, but you wish to make a late claim under the Settlement Agreement in this action, you must submit your claim to the Administrator, as well as the reasons setting out how you believe you meet the above test, as soon as possible, and no later than February 5, 2023.

The Court held that, due to the need for finality and to close the administration process, February 5, 2023 is the ultimate deadline to file your materials with the Administrator and seek its approval to file a late claim.  This date cannot be extended.

Please note that the decision and the instructions below also apply to individuals seeking to add a category to an existing claim after the January 23, 2022 deadline.

A blank Claim Form is available here. Claim Forms and reasons should be submitted directly to the Administrator, at:

Epiq Class Action Services Canada Inc.
Attention: CAF-DND Sexual Misconduct Class Action Settlement
P.O. Box 507 STN B
Ottawa ON K1P 5P6
Email: info@caf-dndsexualmisconductclassaction.ca

Please contact class counsel as soon as possible if you have questions about how to make a late claim request. Class counsel are preparing additional materials to help class members with this process, and are available to provide assistance for free.

Contact information for class counsel is available here.  You should contact the class counsel firm who is located in your region of Canada.