Pre-Existing Medical Conditions and Long-Term Disability Entitlement

If you have recently started a new job, you may be surprised to learn that your employer’s insurance plan might not cover long-term disability entitlement for people with pre-existing medical conditions. You may be even more surprised to learn that human rights legislation allows for an employer to exclude some people with pre-existing conditions from disability insurance plans. Overview Canada has both federal and provincial human rights legislation prohibiting discrimination... Read More

Is COVID-19 a Workplace Injury? Applying for WSIB benefits

Workers infected with COVID-19 “out of and in the course of” their employment are entitled to benefits under the Ontario Workplace Safety and Insurance Act, 1997, including for lost wages, healthcare costs and permanent impairments arising from the disease. If a worker contracted COVID-19 outside of work, they will not be eligible for such benefits. Worker’s compensation benefits are only available to workers who have symptoms of COVID-19, according to... Read More

Thurston v Ontario (Children’s Lawyer): Clarification on the Legal Test for “Dependent Contractor” Status

Workers are typically thought of as either “employees” or “independent contractors”. Employers seek to classify their workforce as “contractors” to avoid paying for mandatory benefits under the Employment Standards Act (ESA), among other things, which only protects employees as defined under the ESA. However, Canadian courts recognize an intermediate position where, although the worker is not an employee, they are still economically dependent on one contract. These so-called “dependent contractors”... Read More

UPDATE – Expanded CERB still does not go far enough

Since our post on the introduction of the Canada Emergency Response Benefit (CERB) (which you can read here), the federal government has announced changes to the program to address some of the identified gaps in eligibility. Based on these most recent changes, many more individuals should qualify to receive the CERB. This post will outline who is now eligible, and who is still left out, of this important benefit. What... Read More

Morgan Rowe Presents Disability Rights Workshop

On March 4, 2020, Morgan Rowe presented a workshop on human rights law, worker’s rights, and how these two sets of rights can be used to help individuals with disabilities challenge barriers in employment. The workshop was hosted by CUPE Local 2626. Read More

Post-Legalization of Cannabis: Decision Affirms “Canadian Model” for Workplace Drug and Alcohol Testing

The firm gratefully acknowledges the contribution to this post by articling student Zachary Rodgers. The Office and Professional Employees International Union (OPEIU), represented by Wassim Garzouzi, recently scored a major victory for the privacy rights of workers across Canada. On December 9, 2019, Arbitrator Susan Ashley affirmed that employers in Canada cannot unilaterally impose random drug and alcohol testing on its unionized employees, despite the legalization of cannabis and the... Read More

Ravenlaw Attends UOttawa Career Day

On March 5, 2020, Anna Lichty and Megan Fultz represented Ravenlaw at the 2020 uOttawa Career Day at the Ottawa Conference and Event Centre. Anna and Megan hosted four Community & Public Lawyering Roundtables, conducted a series of mock interviews with students interested in labour and employment law, and had the opportunity to meet and discuss our firm’s work with many first and second-year law students at a networking lunch.... Read More

The Canada Emergency Wage Subsidy – too much power for employers?

This week, the Government has started accepting applications from employers for the Canada Emergency Wage Subsidy (CEWS), part of the Government’s economic response to the COVID-19 pandemic crisis. This new benefit is unprecedented in scope and is likely to be well received by many employers and employees. However, the design of this benefit arguably leaves too much power in the hands of employers. What is the CEWS? The CEWS is... Read More

Federal Court of Appeal Affirms Fundamental Requirement for Discipline Decisions

In Walker v Canada (Attorney General), the Federal Court of Appeal set aside a decision of the Federal Public Sector Labour Relations and Employment Board upholding the dismissal of a longer-service and discipline-free public service employee because the Board decision-maker failed to consider whether the employee’s state of mind mitigated her alleged misconduct. The employee’s union, the Public Service Alliance of Canada, argued that “many of the actions for which... Read More

RavenLaw Honours the National Day of Mourning

Our law firm pauses today to recognize the National Day of Mourning, a day to honour those who have been killed, injured, or made ill as a result of their work. Every worker has the right to a safe and healthy workplace. One workplace death, injury, or illness is one too many. These extraordinary times remind us of the importance of a safe and healthy workplace. Sadly, many frontline workers... Read More