Sherrard Kuzz LLP

newsletter

Civil Litigation
- Employees: To Have and To Hold RBC ats. Merrill Lynch
  (Vol. VII No. 7)
- “Impossibility” not standard of reasonable accommodation, says Supreme Court of Canada
  (Vol. VII No. 6)
- Ontario Court of Appeal Clarifies Wallace Damages
  (Vol. VII No. 5)
- Honda v. Keays – Back to the Starting Line!
  (Vol. VII Special Edition)
- Dismissed Employee Obliged to Return to Job to Mitigate Damages
  (Vol. VII No. 3)
- Class Action Against CIBC Warning Bell To Employers
  (Vol. VI, No. 4; August, 2007)
- Reading Between The Lines: What’s In A Contract?
  (Vol. V, No. 5; October, 2006)
- Workplace Violence – Who Is Responsible?
  (Vol. V, No. 3; June, 2006)
- Don’t Put Yourself Behind The ‘Reference 8-Ball”
  (Vol. IV, No. 5; October, 2005)
- Court Awards Wrongfully Dismissed Employee $500,000 In Punitive Damages
  (Vol. IV, No. 3; June, 2005)
- Workplace Dishonesty Justifies Termination Of A Senior Employee With Exemplary Record – Proportionality Is Key
  (Vol. IV, No. 2; April, 2005)
- Court Declares Denial of ESA Severance Unconstitutional
  (Vol. III, No. 5; October, 2004)
- “Employment for Life” Legal But Difficult To Prove
  (Vol. III, No. 2; April, 2004)
- Courts Expanding The Consequences Of Harassment
  (Vol. II, No. 3; June, 2003)
- New Limitations Act Creates 2-Year Limitation Period
  (Vol. II, No. 2; April, 2003)
- Alcohol At Company Events – When Is The Party Over?
  (Vol. I, No. 6; November, 2002)
- Fiduciary Duties May Not Survive Wrongful Dismissal
  (Vol. I, No. 3; May, 2002)
- Court Of Appeal: Employers May Not Rely Upon Ambiguous Policy Manuals
  (Vol. I, No. 2; March, 2002)
- Senior Management Not Immune To Termination For Sexual Harassment
  (Vol. I, No. 1; January, 2002)
Collective Agreement Administration
- “Automatic Termination” Clause Not So Automatic
  (Vol. VI, No. 2; April, 2007)
- Labour Board Orders Union To Return $50,000 To Employer
  (Vol. V, No. 3; June, 2006)
- Bill C-55: Reining In The Courts In Restructurings
  (Vol. V, No. 2; April, 2006)
- The New Ontario Health Premium – Who Has To Pay?
  (Vol. III, No. 6; December, 2004)
- Trustee In Bankruptcy Not Always “Successor Employer”
  (Vol. III, No. 2; April, 2004)
Collective Bargaining and Strike Issues
- Bill C-55: Reining In The Courts In Restructurings
  (Vol. V, No. 2; April, 2006)
- Sweeping Changes Proposed For Ontario’s Labour Laws
  (Vol. III, No. 6; December, 2004)
- Supreme Court Of Canada Allows Grievance Even Though No Breach Of Collective Agreement
  (Vol. II, No. 6; December, 2003)
- Ontario Labour Relations Board Declares “Sick-In” Unlawful
  (Vol. I, No. 4; July, 2002)
- Supreme Court Of Canada Expands Scope Of Legal Picketing
  (Vol. I, No. 2; March, 2002)
Employee Benefit Plans
- Reading Between The Lines: What’s In A Contract?
  (Vol. V, No. 5; October, 2006)
- Premature Termination Of Benefits Comes With A Price
  (Vol. V, No. 2; April, 2006)
- The New Ontario Health Premium – Who Has To Pay?
  (Vol. III, No. 6; December, 2004)
- Turning A Blind Eye To Burnout May Prove Costly
  (Vol. III, No. 1; February, 2004)
Employment Law
- Christmas and Good Friday: Must Non-Christians Receive Two Additional Paid Days Off?
  (Vol. VII No. 7)
- Employees: To Have and To Hold RBC ats. Merrill Lynch
  (Vol. VII No. 7)
- “Privacy is dead, deal with it”
  (Vol. VII No. 6)
- “Impossibility” not standard of reasonable accommodation, says Supreme Court of Canada
  (Vol. VII No. 6)
- Ontario Court of Appeal Clarifies Wallace Damages
  (Vol. VII No. 5)
- La-Z-Boy Caught Reclining While Drafting Employment Contract, Says Court of Appeal
  (Vol. VII No. 5)
- Honda v. Keays – Back to the Starting Line!
  (Vol. VII Special Edition)
- Dismissed Employee Obliged to Return to Job to Mitigate Damages
  (Vol. VII No. 3)
- Modifying an Existing Employment Contract – How and When?
  (Vol. VII No. 3)
- Drug Testing in Canada: A Tale of Two Provinces
  (Vol. VII No. 2)
- Regulatory Modernization Act, 2007
  (Vol. VII No. 1)
- Differential Treatment of Biological and Adoptive Mothers Not Discriminatory
  (Vol. VII No. 1)
- Accommodation of Family Status: What Does It Mean?
  (Vol. VII No. 1)
- "Family Day" Is Here To Stay.
  (Vol. VI, No. 6; December, 2007)
- Religious Celebration In The Workplace - What’s An Employer To Do?
  (Vol. VI, No. 6; December, 2007)
- What To Expect When They’re Expecting
  (Vol. VI, No. 5; October, 2007)
- Class Action Against CIBC Warning Bell To Employers
  (Vol. VI, No. 4; August, 2007)
- Reading Between The Lines: What’s In A Contract?
  (Vol. V, No. 5; October, 2006)
- Compassionate Care Benefits Expanded Under New Legislation
  (Vol. V, No. 4; August, 2006)
- Interesting Math?
  (Vol. V, No. 3; June, 2006)
- Workplace Violence – Who Is Responsible?
  (Vol. V, No. 3; June, 2006)
- Premature Termination Of Benefits Comes With A Price
  (Vol. V, No. 2; April, 2006)
- Employers Cautioned (Again) Re: Participation In E.I. Appeals
  (Vol. V, No. 1; February, 2006)
- Don’t Put Yourself Behind The ‘Reference 8-Ball”
  (Vol. IV, No. 5; October, 2005)
- Suspension Without Pay – How And When?
  (Vol. IV, No. 4; August, 2005)
- Boeing Corp. Termination Evidence Brave New World In Corporate Governance
  (Vol. IV, No. 3; June, 2005)
- Court Awards Wrongfully Dismissed Employee $500,000 In Punitive Damages
  (Vol. IV, No. 3; June, 2005)
- Workplace Dishonesty Justifies Termination Of A Senior Employee With Exemplary Record – Proportionality Is Key
  (Vol. IV, No. 2; April, 2005)
- Threat Of Termination Not Sufficient “Consideration” For New Or Amended Terms Of Employment
  (Vol. IV, No. 1; February, 2005)
- An Ounce Of Prevention…
  (Vol. III, No. 5; October, 2004)
- Court Declares Denial of ESA Severance Unconstitutional
  (Vol. III, No. 5; October, 2004)
- “Employment for Life” Legal But Difficult To Prove
  (Vol. III, No. 2; April, 2004)
- Turning A Blind Eye To Burnout May Prove Costly
  (Vol. III, No. 1; February, 2004)
- Courts Expanding The Consequences Of Harassment
  (Vol. II, No. 3; June, 2003)
- Alcohol At Company Events – When Is The Party Over?
  (Vol. I, No. 6; November, 2002)
- Fiduciary Duties May Not Survive Wrongful Dismissal
  (Vol. I, No. 3; May, 2002)
- Court Of Appeal: Employers May Not Rely Upon Ambiguous Policy Manuals
  (Vol. I, No. 2; March, 2002)
- Senior Management Not Immune To Termination For Sexual Harassment
  (Vol. I, No. 1; January, 2002)
Employment Standards
- Christmas and Good Friday: Must Non-Christians Receive Two Additional Paid Days Off?
  (Vol. VII No. 7)
- "Family Day" Is Here To Stay.
  (Vol. VI, No. 6; December, 2007)
- What To Expect When They’re Expecting
  (Vol. VI, No. 5; October, 2007)
- Class Action Against CIBC Warning Bell To Employers
  (Vol. VI, No. 4; August, 2007)
- ESA Sale Of Business – Muddies Waters Or Uncharted Territory?
  (Vol. VI, No. 3; June, 2007)
- Revamping The Canada Labour Code
  (Vol. VI, No. 1; February, 2007)
- New Leave Entitlement In Circumstances Of Declared Emergency
  (Vol. V, No. 4; August, 2006)
- Compassionate Care Benefits Expanded Under New Legislation
  (Vol. V, No. 4; August, 2006)
- Interesting Math?
  (Vol. V, No. 3; June, 2006)
- Let Bygones Bt Bygones
  (Vol. V, No. 1; February, 2006)
- Managers And Supervisors: Are They In Need Of Protection?
  (Vol. IV, No. 1; February, 2005)
- Court Declares Denial of ESA Severance Unconstitutional
  (Vol. III, No. 5; October, 2004)
- Quebec’s Labour Standards Act Protects Employees Against “Psychological Harassment”
  (Vol. III, No. 4; August, 2004)
- McGuinty Government Introduces Family Medial Leave Legislation
  (Vol. III, No. 3; June, 2004)
- Proposed Changes To Hours Of Work And Overtime Averaging
  (Vol. III, No. 3; June, 2004)
- New Ontario Legislation Creates SARS Emergency Leave
  (Vol. II, No. 3; June, 2003)
- Ontario Labour Relations Board Order Personal Liability Against Director
  (Vol. II, No. 1; January, 2003)
- Ontario MOL Has Published Employment Standards Information Poster
  (Vol. I, No. 1; January, 2002)
Federal Sector
- Differential Treatment of Biological and Adoptive Mothers Not Discriminatory
  (Vol. VII No. 1)
- Revamping The Canada Labour Code
  (Vol. VI, No. 1; February, 2007)
- Compassionate Care Benefits Expanded Under New Legislation
  (Vol. V, No. 4; August, 2006)
- Public Service Employees: Duty Of Fairness Owed On Termination
  (Vol. V, No. 1; February, 2006)
- Managers And Supervisors: Are They In Need Of Protection?
  (Vol. IV, No. 1; February, 2005)
Grievance Arbitration
- Aggravated And Punitive Damages At Arbitration: The Debate Continues
  (Vol. V, No. 5; October, 2006)
- The New Ontario Health Premium – Who Has To Pay?
  (Vol. III, No. 6; December, 2004)
- Supreme Court Of Canada Allows Grievance Even Though No Breach Of Collective Agreement
  (Vol. II, No. 6; December, 2003)
- “Wallace Damages” Extend To Arbitration
  (Vol. II, No. 5; October, 2003)
- Arbitrator Has Jurisdiction To Order The Termination Of A Supervisor
  (Vol. II, No. 1; January, 2003)
- Ontario Labour Relations Board Order Personal Liability Against Director
  (Vol. II, No. 1; January, 2003)
- Court Upholds Arbitrator’s Ruling That Union Representation Was Required During Investigation
  (Vol. I, No. 4; July, 2002)
Human Rights
- Christmas and Good Friday: Must Non-Christians Receive Two Additional Paid Days Off?
  (Vol. VII No. 7)
- “Privacy is dead, deal with it”
  (Vol. VII No. 6)
- “Impossibility” not standard of reasonable accommodation, says Supreme Court of Canada
  (Vol. VII No. 6)
- Ontario Court of Appeal Clarifies Wallace Damages
  (Vol. VII No. 5)
- Drug Testing in Canada: A Tale of Two Provinces
  (Vol. VII No. 2)
- Differential Treatment of Biological and Adoptive Mothers Not Discriminatory
  (Vol. VII No. 1)
- Accommodation of Family Status: What Does It Mean?
  (Vol. VII No. 1)
- Religious Celebration In The Workplace - What’s An Employer To Do?
  (Vol. VI, No. 6; December, 2007)
- What To Expect When They’re Expecting
  (Vol. VI, No. 5; October, 2007)
- “Automatic Termination” Clause Not So Automatic
  (Vol. VI, No. 2; April, 2007)
- Paid Time Off To Observe Religious Custom
  (Vol. V, No. 6; December, 2006)
- Human Rights Commission Ordered To Pay Employer $210,000 In Legal Costs
  (Vol. IV, No. 4; August, 2005)
- Court Awards Wrongfully Dismissed Employee $500,000 In Punitive Damages
  (Vol. IV, No. 3; June, 2005)
- Promotion Of Employee Does Not Preclude Finding Of Racially Poisoned Workplace
  (Vol. IV, No. 2; April, 2005)
- Court Declares Denial of ESA Severance Unconstitutional
  (Vol. III, No. 5; October, 2004)
- Supreme Court Of Canada Allows Grievance Even Though No Breach Of Collective Agreement
  (Vol. II, No. 6; December, 2003)
- Mandatory Retirement To Be Outlawed
  (Vol. II, No. 5; October, 2003)
- Is The Employer’s Duty To Accommodate Dwindling?
  (Vol. II, No. 1; January, 2003)
- Senior Manager Not Immune To Termination For Sexual Harassment
  (Vol. I, No. 1; January, 2002)
Labour Board (Union/Management Issues)
- Education And Preparedness Are Keys To Avoiding Remedial Certification
  (Vol. VI, No. 4; August, 2007)
- Labour Board Orders Union To Return $50,000 To Employer
  (Vol. V, No. 3; June, 2006)
- Sweeping Changes Proposed For Ontario’s Labour Laws
  (Vol. III, No. 6; December, 2004)
- OLRB Reviews Vote Distribution Within Operating Engineers EBA
  (Vol. III, No. 4; August, 2004)
- Trustee In Bankruptcy Not Always “Successor Employer”
  (Vol. III, No. 2; April, 2004)
- Ontario Labour Relations Board Declares “Sick-In” Unlawful
  (Vol. I, No. 4; July, 2002)
Labour Law for the Construction Industry
- First Criminal Conviction Uner Bill C-45 Amendments
  (Vol. VII No. 2)
- Union Raids In The Ontario Construction Industry
  (Vol. VI, No. 1; February, 2007)
- Labour Board Orders Union To Return $50,000 To Employer
  (Vol. V, No. 3; June, 2006)
- Sweeping Changes Proposed For Ontario’s Labour Laws
  (Vol. III, No. 6; December, 2004)
- Supervisor Charged With Criminal Negligence In Construction Fatality
  (Vol. III, No. 5; October, 2004)
- OLRB Reviews Vote Distribution Within Operating Engineers EBA
  (Vol. III, No. 4; August, 2004)
- Ontario Labour Relations Board Order Personal Liability Against Director
  (Vol. II, No. 1; January, 2003)
Occupational Health and Safety
- Drug Testing in Canada: A Tale of Two Provinces
  (Vol. VII No. 2)
- First Criminal Conviction Uner Bill C-45 Amendments
  (Vol. VII No. 2)
- Supervisor Charged With Criminal Negligence In Construction Fatality
  (Vol. III, No. 5; October, 2004)
- Health And Safety A Matter Of Criminal Law
  (Vol. II, No. 6; December, 2003)
- Imprisonment Of Another Employer Provides Reminder Of Occupation Health And Safety Act Obligations
  (Vol. II, No. 2; April, 2003)
- How To Make Workwell Work For You
  (Vol. I, No. 4; July, 2002)
- Requirement For Pre-Start Health And Safety Review
  (Vol. I, No. 3; May, 2002)
- Another Company Executive Jailed Following Charges Under the Occupational Health And Safety Act
  (Vol. I, No. 1; January, 2002)
Privacy
- “Privacy is dead, deal with it”
  (Vol. VII No. 6)
- Drug Testing in Canada: A Tale of Two Provinces
  (Vol. VII No. 2)
- Global Positioning Systems, Big Brother or Good Business?
  (Vol. VI, No. 2; April, 2007)
- Employees’ Personal Information Must Be Safeguarded In Business Transactions
  (Vol. IV, No. 5; October, 2005)
- New Provincial Privacy Act Regulates Personal Health Information
  (Vol. III, No. 1; February, 2004)
- Anti-SPAM Legislation Gaining Ground Worldwide
  (Vol. II, No. 4; August, 2003)
- Privacy Compliance Has Business Advantages
  (Vol. II, No. 4; August, 2003)
- The Rising Cost Of Privacy
  (Vol. I, No. 6; November, 2002)
- Workplace Search Policies: How To Achieve A Balance Between Employer Interests And Employee Rights
  (Vol. I, No. 5; September, 2002)
Union Certification Issues
- Education And Preparedness Are Keys To Avoiding Remedial Certification
  (Vol. VI, No. 4; August, 2007)
- UFCW v. Wal-Mart; B.C. Supreme Court Says ‘No’ To A Fragmented Bargaining Unit.
  (Vol. VI, No. 3; June, 2007)
- Sweeping Changes Proposed For Ontario’s Labour Laws
  (Vol. III, No. 6; December, 2004)
- Are You Prepared To Respond To A Union Organizing Campaign Or An Application For Certification?
  (Vol. I, No. 5; September, 2002)
Workplace Management
- Christmas and Good Friday: Must Non-Christians Receive Two Additional Paid Days Off?
  (Vol. VII No. 7)
- Employees: To Have and To Hold RBC ats. Merrill Lynch
  (Vol. VII No. 7)
- “Privacy is dead, deal with it”
  (Vol. VII No. 6)
- “Impossibility” not standard of reasonable accommodation, says Supreme Court of Canada
  (Vol. VII No. 6)
- La-Z-Boy Caught Reclining While Drafting Employment Contract, Says Court of Appeal
  (Vol. VII No. 5)
- Modifying an Existing Employment Contract – How and When?
  (Vol. VII No. 3)
- Drug Testing in Canada: A Tale of Two Provinces
  (Vol. VII No. 2)
- Accommodation of Family Status: What Does It Mean?
  (Vol. VII No. 1)
- Religious Celebration In The Workplace - What’s An Employer To Do?
  (Vol. VI, No. 6; December, 2007)
- What To Expect When They’re Expecting
  (Vol. VI, No. 5; October, 2007)
- Class Action Against CIBC Warning Bell To Employers
  (Vol. VI, No. 4; August, 2007)
- Global Positioning Systems, Big Brother or Good Business?
  (Vol. VI, No. 2; April, 2007)
- Call To the Bar
  (Vol. V, No. 6; December, 2006)
- The Importance Of People-Focused Pandemic Planning
  (Vol. V, No. 4; August, 2006)
- Compassionate Care Benefits Expanded Under New Legislation
  (Vol. V, No. 4; August, 2006)
- Workplace Violence – Who Is Responsible?
  (Vol. V, No. 3; June, 2006)
- Employers Cautioned (Again) Re: Participation In E.I. Appeals
  (Vol. V, No. 1; February, 2006)
- Blogging And The Workplace: The Good, The Bad And The Ugly
  (Vol. IV; No. 6; December, 2005)
- Don’t Put Yourself Behind The ‘Reference 8-Ball”
  (Vol. IV, No. 5; October, 2005)
- Suspension Without Pay – How And When?
  (Vol. IV, No. 4; August, 2005)
- Boeing Corp. Termination Evidence Brave New World In Corporate Governance
  (Vol. IV, No. 3; June, 2005)
- Threat Of Termination Not Sufficient “Consideration” For New Or Amended Terms Of Employment
  (Vol. IV, No. 1; February, 2005)
- Quebec’s Labour Standards Act Protects Employees Against “Psychological Harassment”
  (Vol. III, No. 4; August, 2004)
- Turning A Blind Eye To Burnout May Prove Costly
  (Vol. III, No. 1; February, 2004)
- Courts Expanding The Consequences Of Harassment
  (Vol. II, No. 3; June, 2003)
- Alcohol At Company Events – When Is The Party Over?
  (Vol. I, No. 6; November, 2002)
- Workplace Search Policies: How To Achieve A Balance Between Employer Interests And Employee Rights
  (Vol. I, No. 5; September, 2002)
- Court Of Appeal: Employers May Not Rely Upon Ambiguous Policy Manuals
  (Vol. I, No. 2; March, 2002)
- Senior Manager Not Immune To Termination For Sexual Harassment
  (Vol. I, No. 1; January, 2002)
Workplace Safety and Insurance
- Beware of WSIB “Poster Scam”
  (Vol. VI, No. 5; October, 2007)
- Temp Agency Fined $5 million for Violations Of The Workplace Safety And Insurance Act
  (Vol. II, No. 2; April, 2003)
- How To Make Workwell Work For You
  (Vol. I, No. 4; July, 2002)