Chapter

What’s New

Recent decisions and developing issues across Canadian employment law.

Harris on Canadian Employment Law
Cases · Commentary · Damage charts · Research indexes

B.C. & Gig Worker Protections

Changes Coming in B.C. For Gig Workers The Province has announced coming legislation to protect gig workers such as those involved in ride share, food delivery services, most of which have been hired as independent contractors. Generally these persons lack

Surreptitious Tape Recordings

Yes, it is true that it is not a criminal offence for one of the participating parties in a conversation to tape record the discussion, even without the knowledge and/or consent of the other(s). However, it is not the Criminal

Poaching Now A Criminal Offence

Canada amended the Competition Act in June of 2023 to prohibit employers from forming a non-poaching agreement and wage-fixing agreements with competitors. It is now an offence of a criminal substance to enter into such a contract with third parties

Non-Disclosure Legislation

Prince Edward Island has become the first Canadian jurisdiction to pass legislation dealing with non-disclosure agreements relating to settlement of sexual harassment cases or discrimination claims. It came into force on May 17, 2022. The statute prevents such a term

Modern Slavery Act, Bill S-211

The Federal Government has passed Bill S-211 which takes effect on January 1, 2024. It requires all effected companies to make reports, as set out below, as of May 2024. It applies where: The business sells or distributes goods within

B.C. Revises WCA

Amendments to B.C. Workers’ Compensation Act Recent revisions to the above statute will create new obligations for both employers and employees, effective January 1, 2024. Duty to Co-operate Both sides must co-operate with one another to allow for an early

OCA allows for Two “Exceptional” Awards

Ontario Court Finds “Exceptional Notice Periods” (Twice) Generally speaking, Ontario courts have held that the upper end of notice period awards should be 24 months, barring “exceptional circumstances” Two recent decisions of the Ontario Court of Appeal released in late

Costs Allowed at $800,000+

Costs Order of $800,000 Plus Awarded Following a ten day trial, an Ontario court has awarded the successful plaintiff and defendant by counterclaim a costs award of $830,761. $10,000 was also allowed for punitive damages. The case involved a claim

Remote Workers

Remote Workers Remote work became a more vibrant issue in the Covid era. Many employers may have mistakenly believed that this was a temporary change in the working relationship. However, when work traditions change for extended time periods, without agreed

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