What are the considerations for employers introducing AI in a unionized workplace?
By: Julius Melnitzer | May 28, 2025 In the unionized workplace, the implementation of artificial intelligence isn’t just a management decision — it’s also a bargaining issue. “Just don’t assume you can quietly roll AI out, because it’s something to which the unions are paying attention,” says Lisa Stam, managing partner at Springlaw Professional Corp. “And […]
Ontario court rules employer’s termination clause enforceable due to clear language, entitlements
By: Julius Melnitzer | May 19, 2025 A recent Ontario Superior Court decision demonstrates that it remains possible for employers to insert enforceable termination clauses in employment contracts. For some five years now, a host of decisions have struck down as unenforceable termination clauses that purport to displace employees’ right to reasonable notice or pay in […]
Ontario court rules employer’s return-to-workplace request amounts to constructive dismissal
By: Julius Melnitzer | March 24, 2025 Ontario’s small claims court has ruled that recalling an employee from a remote working arrangement to in-person work can amount to a constructive dismissal giving rise to liability for damages. The employee in question, Lesley Byrd, had worked for Welcome Home Children’s Residence Inc. in Ottawa since 2018, but […]
BARE BONES BRIEFS: Dentons faces AML charges | Is private equity taking over the profession? | Historic Shell emissions judgment overturned – but landmines remain | Hogan Lovells mistakenly discloses 4,321 privileged documents | Sun Life report: Canadian pension risk transfers exceed $3 billion in 2024
By Julius Melnitzer | March 23, 2025 DENTONS MUST FACE AML CHARGES The Law Society Gazette reports that the UK’s High Court has overturned the Solicitors Disciplinary Tribunal’s (SDT) dismissal of anti-money laundering charges against Dentons. The SDT ruled that Dentons’ breach was “inadvertent” and did not amount to professional misconduct. But on appeal by […]
Quebec’s approach to remote workers’ rights holds lessons for other provinces: lawyer
By: Julius Melnitzer | March 13, 2035 Quebec’s approach to legislation impacting remote workers’ rights holds lessons for the rest of Canada, says Geneviève Beaudin, a Montreal-based partner in Lavery de Billy LLP’s labour and employment law group. “There have been five cases in Quebec that focus on the meaning of ‘establishment’ [in a remote working […]
What Newfoundland and Labrador-based employers need to know about changes to employee leave legislation
By: Julius Melnitzer | February 6, 2025 While Newfoundland and Labrador employees who take three or more consecutive days of sick leave are no longer required to provide their employer with a doctor’s note, it doesn’t mean employers can’t demand evidence of illness or injury, says Tim Young, a St. John’s-based partner at Curtis Dawe Lawyers. […]
Top 10 business decisions for 2024 – – and the law firms involved, Part I
By Julius Melnitzer | January 20, 2025 Here is Law360 Canada’s annual list of the Top 10 business decisions in Canada for the year just ended. This is a two-part series, which begins below with our honourable mentions, followed by the cases ranked 6-10, in ascending order. Part II will deal with cases ranked 1-5. Honourable mention […]
What do employers need to know about monitoring employees in remote, hybrid working arrangements?
By Julius Melnitzer | November 9, 2024 While Canadian privacy laws allow employers to track employees in a remote or hybrid working arrangement, this surveillance must be related to their job. “Employers have a proper and reasonable right to supervise their employees and ensure they’re doing their jobs and doing them safely,” says David Young, […]
Employees seeking alternatives to substance abuse treatment must provide evidence of effectiveness: Alberta court
By Julius Melnitzer | September 8, 2024 The Court of King’s Bench of Alberta has ruled that employees who suggest an alternative to an employer’s accommodation for substance abuse treatment must provide evidence that their proposal is an effective alternative to the employer’s recommendation. “The decision confirms that an employee doesn’t get to dictate what […]
BARE BONES BRIEFS: Abusive firm leader disbarred for insulting juniors | Vancouver bar icon dies before facing laundering charges | Trending: return to office | UK Court of Appeal: ANNs not patentable | Arbitrator: Taking a diving course counts as “union business”
By Julius Melnitzer | July 24, 2024 TREAT JUNIOR COLLEAGUES WITH RESPECT – OR ELSE! Domenic Pisano, a lawyer with 23 years’ experience and a director of Domenic Levent Solicitors in London, has been disbarred by the UK’s Solicitors Disciplinary Tribunal for “offensive, intimidating and insulting” behaviour towards junior colleagues. His sins included shouting at […]