Articles related to Regional Construction Newsletter Winter 2014 – Construction Safety: A Changing Landscape

Recent Case Law on Provincial Nominee Programs

Deol v. Canada (Minister of Citizenship and Immigration), 2013 FC 1147 (Judgment: November 12, 2013), Zinn J.

Mr. Deol’s application for permanent residence under the Manitoba Provincial Nominee Program as a skilled worker was denied on the basis that he had misrepresented or withheld material facts relating to his employment that could induce an error in the administration of the Immigration and Refugee Protection Act (“Act”), contrary to subsection 40(1)(a) of the Act.

UPDATE: Re-Opening of Sponsorship of Parents and Grandparents

On December 18, 2013, Citizenship and Immigration Canada issued a news release stating, “Application forms, guides and information on how to apply to the new Parents and Grandparents program will be made available online on December 31, 2013, just ahead of the Parents and Grandparents program re-opening.”

NB Government Responds to Employer Concerns over Potential Directors’ Liability

The Employment Standards Act (“ESA”) sets minimum rights and responsibilities for all provincially regulated employers and employees in the Province of New Brunswick. The ESA regulates minimum wages, vacation pay, public holiday pay, leave, etc. If an employer violates an employee’s rights under the ESA, the employer may be ordered to comply with provisions of the ESA and/or to compensate the employee for amounts owed to them under the ESA.

SCC Confirms International Organizations’ Immunity to Wrongful Dismissal Actions

In its decision in Amaratunga v Northwest Atlantic Fisheries Organization (“NAFO”), 2013 SCC 66, released on November 29th, 2013, the Supreme Court of Canada (“SCC”) confirmed that international organizations operating in Canada may enjoy immunity from certain Canadian laws, including wrongful dismissal actions by senior employees. NAFO is an international organization with its headquarters located in Dartmouth, Nova Scotia. NAFO’s objective is to contribute through consultation and cooperation to the optimum utilization, rational management and conservation of the fishery resources of the NAFO Convention Area.

Supreme Court of Canada to Clarify Who Qualifies for Protection...

On December 13, the Supreme Court of Canada (SCC) will hear the appeal of Michael McCormick, equity partner at the respondent law firm, Fasken Martineau DuMoulin LLP. McCormick has appealed the decision of the British Columbia Court of Appeal (BCCA)1 to Canada’s highest court, which held that the British Columbia Human Rights Tribunal lacked jurisdiction to hear his age discrimination complaint. The BCCA found that since there was no relationship of “employment” between McCormick, an equity partner, and his law firm, his discrimination complaint could not be heard. For McCormick and other complainants like him, unless the alleged discrimination occurred in the area of “employment” (or another applicable area under the Act), a remedy cannot be obtained under the human rights legislation.

Even in the Absence of a Release, Employee Who Accepted...

If an employee negotiates a termination package with an employer but does not sign a release, can they successfully claim additional pay in lieu of notice in a court action? Interestingly, the Ontario Superior Court recently held that the answer for one employee in these circumstances was “no”.

Case Law Updates – Insurance Litigation Law

Insurance Litigation Law – Case law updates from across the region (PDF Version).

Freedom of Expression in Labour Dispute Trumps Privacy Laws

The Supreme Court of Canada’s recent decision in Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401, 2013 SCC 62, reaffirms the fundamental right to freedom of expression during labour disputes, even at the expense of personal privacy.

Re-Opening of Sponsorship of Parents and Grandparents

On January 2, 2014, Citizenship and Immigration Canada (“CIC”) will re-open the Parents and Grandparents (“PGP”) sponsorship program, which allows eligible Canadian citizens and permanent residents to sponsor their parents and grandparents in immigrating to Canada as permanent residents. This comes after CIC put a pause on accepting new applications to the PGP sponsorship program to address a massive backlog that had been causing wait times of eight years or more.

The Impact of Bullying and Harassment in a Safety-Sensitive Work...

Bullying and harassment in the school system, in the workplace and online has been receiving significant attention in the media over the past few years, but unfortunately, what constitutes bullying or harassment is generally not well understood.