Seeking punitive and mental distress damages in a Long-Term Disability (LTD) Claim

In addition to compensation for long-term disability benefits, it is possible to also claim damages for mental distress from the insurance company, as well as punitive damages to punish the company for its conduct. However, to successfully claim these amounts, the relevant legal tests must be satisfied. The Ontario Court of Appeal recently rendered a decision which clarifies the test to be applied in determining punitive and mental distress damages.... Read More

“Manager” should be “narrowly construed”: CLC Adjudicator

On January 30, 2015, Adjudicator François Bastien, appointed pursuant to the Canada Labour Code, issued an important decision impacting all employees with supervisory duties working in federally regulated sectors. Generally, employees who are unjustly dismissed can bring a complaint and have their grievance heard by an adjudicator appointed under the Canada Labour Code. Managers cannot avail themselves of this process. In Timiskaming First Nation, the Employer brought a preliminary objection... Read More

Court Overturns Arbitrator’s Award on Vacation Credits

In a recent decision, the Supreme Court of Nova Scotia quashed an arbitrator’s decision concerning employees’ entitlement to vacation leave in the collective agreement between the Public Service Alliance of Canada (“PSAC”) and Sydney Airport Authority. At issue before the arbitrator was whether the agreement provided that employees on ‘sick leave with pay’ continued to accrue vacation credits. The arbitrator found they did not. PSAC challenged this decision and the... Read More

RavenLaw writes guest blog post on Supreme Court’s Right to Strike decision

On February 10, 2015, Andrew Raven and Andrew Astritis wrote a guest blog post for the Broadbent Institute on the Supreme Court of Canada’s recent decision confirming the right to strike in Saskatchewan Federation of Labour v Saskatchewan. The blog post, available here, provides a summary of the Court’s decision and its broader implications for the labour movement. Read More

David Yazbeck Participates in CIRB Consultation Committee

This week, David Yazbeck is participating in the Canada Industrial Relations Board (“CIRB”) Consultation Committee as the Canadian Association of Labour Lawyers (“CALL”) nominee. The Consultation Committee is an ongoing dialogue and consultation process between the CIRB and the labour community, established for the purpose of canvassing labour and management sides with respect to their expectations regarding industrial relations issues that concern them. The Consultation Committee includes members from CALL,... Read More

Wassim Garzouzi Presents on Family Status

On February 13, 2015, Wassim Garzouzi spoke at the Network of Persons with Disabilities, organised by Reach Canada on the topic of “Duty to accommodate: Family Status.” The bilingual event was attended by over 250 participants from across the country. Reach Canada has offered lawyer referrals and public education for individuals living with disabilities since 1981. Our firm is a long-term, proud supporter of REACH and its mission to improve the... Read More

RavenLaw Congratulates CARFAC/RAAV Members on First Labour Agreement!

On February 23 and 24, 2015, artists across Canada overwhelmingly voted to ratify Canada’s first scale agreement for visual artists at the National Gallery of Canada. As the Canadian Artists’ Representation/Le Front des artistes canadiens (CARFAC), explains Major gains have been advanced for artists through this agreement, which sets out mandatory minimum fees and working conditions offered to artists by the gallery. Artists remain free to negotiate above these minimums,... Read More

Expanded opportunities for recovery under the Employment Standards Act take effect

On November 20, 2014, the Stronger Workplaces for a Stronger Economy Act, 2014 (formerly Bill 18), received royal assent in Ontario, but some of the enacted changes to the Employment Standards Act were delayed coming into force. Tomorrow, February 20, 2015, important changes to employment law legislation will take effect. Elimination of the $10,000 cap on recovery for unpaid wages Previously, there was a $10,000 maximum cap on orders for... Read More

David Yazbeck to Speak on Whistleblowing

David Yazbeck has been confirmed as a speaker for Funding Democracy, an international summit being held in Ottawa on June 16 – 17, 2015. The event will bring together some of the brightest, most progressive minds from around the world to discuss issues of austerity, tax reform and funding public services. The summit is designed to unite workers, employers and industry representatives from across the world to find practical, achievable... Read More

Job Postings Must Be Accessible: Arbitrator

On February 11, 2015, Arbitrator Randi Abramsky issued a decision interpreting the job posting provisions under the central agreement between Ontario Hospitals and the Ontario Council of Hospital Unions/CUPE. Specifically, Arbitrator Abramsky found that postings, whether electronic or paper, must be accessible to ensure that the purpose of these provisions – which is to ensure that Unions and employees are aware of available bargaining unit openings so they may apply... Read More