Callow v Zollinger and Good Faith Obligations in Employment Law

In a recent contract case, Callow v Zollinger, 2020 SCC 45, the Supreme Court confirmed that damages can flow from a contractual breach of good faith when one party knowingly misleads the other. Good faith between parties is an unwritten obligation found in contracts. The exact nature of that obligation may vary some, depending on the type of contract.  Now, the Court has clarified the legal obligation to perform a... Read More

How to Submit a Long-Term Disability Claim

A long-term disability (LTD) claim is essential for those unable to work due to a debilitating medical condition or injury. If you cannot work because of a medical condition or injury, it may be possible to secure LTD benefits. Today, let’s examine how to submit a long-term disability claim in more detail. In addition, we’ll cover what happens if you are denied including next steps. Make the Most of the... Read More

Andrew Astritis Speaks at University of Ottawa

On December 3, 2020, Andrew Astritis gave a guest lecture on Workers’ Rights and the Charter in the University of Ottawa’s English Common Law Program. Speaking to upper year labour law students, Andrew outlined recent developments in the law on these issues, including the 2015 Labour Law Trilogy in which the Supreme Court of Canada recognized the existence of a constitutional right to strike. Read More

Federal Court of Appeal Quashes Classification Decision for Third Time

In a recent court decision, the Federal Court of Appeal overturned the decision of the Canada Border Service Agency to reject the classification grievances of over 45 management employees. The Court found that CBSA’s decision was unreasonable because it refused to reclassify the managers’ position on the basis that it did not perform certain decision-making responsibilities, when this was not actually a requirement of the classification rules or guidelines. Furthermore, the... Read More

Bargaining in a COVID Economy. Get Informed – It’s Your Right

For unions, another round of negotiations has often meant getting back into a familiar pattern: deliver notice to bargain, prepare proposals, have a series of sometimes constructive, sometimes frustrating discussions across the bargaining table, perhaps resort to strike or face a lockout, then arrive at a collective agreement. We are living in a different world.  Do not assume same-old is the same old. A union may have a right to... Read More

Supreme Court Finds RCMP Pension Scheme Discriminates Against Women

On October 16, 2020, the Supreme Court of Canada upheld a Charter challenge to portions of the RCMP pension plan, which had been applied to prevent employees from buying back periods of service during which they had temporarily reduced hours of work for childcare reasons. In its decision, the majority of the Supreme Court concluded that the pension law had a disproportionate, negative impact on women due to their sex. Particularly,... Read More

Sean McGee Speaks at Human Rights and Labour Conference

On October 20-21, 2020, Sean McGee presented as part of Lancaster House’s annual Ottawa Human Rights and Labour Law Conference. Sean presented as part of the panel “2020 Vision – Key Precedents from an Unprecedented Year,” which reviewed recent, important labour and human rights decisions. Read More

Morgan Rowe Presents on Employers’ Duty to Address Workplace Stress

On October 20, 2020, Morgan Rowe presented as part of a professional learning program presented jointly by Lancaster House and the University of Toronto. The multi-day program addressed managing and promoting mental health in the workplace. Morgan spoke as part of a panel on employers’ legal obligations to address workplace stress and other workplace mental health issues. Read More

Is there recourse for COVID-19 discrimination?

Ravenlaw gratefully acknowledges the contribution of this post by articling student Simcha Walfish. As the Centre for Addiction and Mental Health (CAMH) has noted, the “COVID-19 pandemic has sparked a rise in stigma and discrimination against people who have the virus; people from countries where the virus originated or are considered hot zones; people who have travelled recently; or even those who it is believed have come in contact with... Read More

Bargaining Unit Positions May Be Tied to Work Location, Trigger Job Posting and Seniority Rights

In a recent grievance decision between the Limestone District School Board and CUPE Local 1480, Arbitrator Jesse Nyman found that changing a bargaining unit member’s work location may eliminate a position and create a vacancy, triggering the mandatory posting provisions of a collective agreement. In 2013, the Employer decided to close two of its secondary schools in Kingston, Ontario and to construct a new secondary school. The grievance began when... Read More