B.C. court rules remote working arrangement an essential term of employment
By: Julius Melnitzer | July 17, 2026 The British Columbia Court of Appeal has ruled that an unwritten but long-accepted work-from-home arrangement can become an essential term of employment, so that a unilateral return-to-office order — without notice or agreement — can trigger constructive dismissal. “The decision in Cressey Construction Corporation v. Parolin is getting a lot of […]
BARE BONES BRIEFS: Women in law, silent suffering | Hallucination catcher? | Court: AI can’t replace workers | AI beats law profs | Arbitration Place launches in Brazil
By Julius Melnitzer | June 21, 2026 EXHAUSTED WOMAN LAWYERS FEAR SPEAKING UP Some 70% of women in law suffer frequently from exhaustion or low energy, and 65% of those affected, fearing the impact on their careers, won’t speak up, says a report from the Law Society of England and Wales that surveyed 533 legal […]
What employers need to know when seeking medical documentation for accommodation requests
By: Julius Melnitzer | June 4, 2026 Recent decisions in Ontario and British Columbia demonstrate the balance between employers’ need to know and employees’ right to privacy at the heart of the employee accommodation process. “Arbitrators look to confine requests for medical documentation to what is reasonably necessary to determine the legal elements of accommodation,” says […]
What B.C. employers need to know about modernizations of province’s employment standards branch
By Julius Melnitzer | June 2, 2026 In what amounts to a major procedural overhaul, British Columbia has introduced legislation aimed at modernizing the way its Employment Standards Branch handles workplace complaints from non-unionized employees and temporary foreign workers. “Although the government’s press release does not mention this, my understanding is that these amendments come […]
How do OECD remote-working guidelines impact Canadian employers?
By: Julius Melnitzer | April 2, 2026 The Organisation of Economic Co-operation and Development has introduced new guidelines for determining whether a remote employee’s home office amounts to a permanent establishment that attracts tax for a foreign employer. The guidelines formulate a two-part test for use in determining whether a permanent establishment exists. The tests consist […]
B.C. court rules employer not entitled to dictate terms of share repurchases under stock option plan
By Julius Melnitzer | March 3, 2026 The British Columbia Supreme Court has ruled employers don’t necessarily have an unfettered right to dictate the terms of a repurchase of shares held by former employees under a stock option plan. “The message is that even when discretion is granted under the terms of a plan, that […]
Top 10 business decisions of 2025, part two
Bedrin-Alexander: ISTOCKPHOTO.COM By Julius Melnitzer | February 4, 2026 Here is part two of my annual list of the top 10 business decisions in Canada for the year just ended. This two-part series began with the cases ranked sixth through tenth. Part two herein covers the top five cases, in ascending order. 5. Heritage Property Corporation v. […]
Tribunal rules employer’s conduct creating emotional discomfort isn’t discrimination
By: Julius Melnitzer | January 28, 2026 The Human Rights Tribunal of Ontario has ruled an employers’ conduct that creates mere emotional discomfort for employees during the accommodation process may not amount to discrimination. “What emerges from the Cillis v. Hamilton decision is an objective standard requiring employers to act reasonably, not perfectly,” says Jeff Goodman, a commercial […]
Be it resolved: Finders keepers
By Marcel Strigberger | January 14, 2026 Ever hear of a place in Russia called Khanty-Mansiysk? Didn’t think so. Vladimir Rychagov was a factory worker there, until he hit the jackpot, or rather helped himself to it. Through a software glitch, his employer deposited the salaries of 34 of its employees into his bank account, being over […]
What are the legal considerations for Canadian employers requiring cross-border travel in the Trump era?
By: Julius Melnitzer | November 25, 2025 With travel to the U.S. becoming anxious, if not risky, for many Canadians, employers are facing the prospect of employees refusing to travel south of the border. But can employers require employees to do so, and do employees have a basis on which to refuse? “My advice to employers […]