Application Seeking Declaration of No Improper Doing in Firing of Employee on Maternity Leave Declared Abuse of Process

Is the Human Rights Tribunal of Ontario (“HRTO”) an appropriate body to decide whether a woman was fired for “legitimate business reasons”? According to a decision from the Ontario Superior Court of Justice, Power Tax v. Millar, DioGuardi, 2013 ONSC 135 (CanLII) the answer is, “of course.”

$300,000 in Exceptional Damages Awarded for Denied LTD Benefits Claim

An Ontario judge has ordered an insurer to pay $100,000 in aggravated damages and $200,000 in punitive damages after finding that the insurer had wrongfully denied its insured long-term disability benefits.

In a decision released March 22, 2013, Fernandes v. Penncorp, 2013 ONSC 1637 (CanLII), the Honourable Justice Peter Hambly ordered Penncord Life Insurance Company to pay the damages to an injured employee.

Privacy Rights and the WSIB

Can an employer of a worker receiving WSIB benefits obtain access to that worker's personal information and medical records?

In a case decided earlier this year by the Ontario Divisional Court, Lambton Kent District School Board v. Workplace Safety and Insurance Board, 2013 ONSC 839 (CanLII), the answer would appear to be not unless the worker consents.

Are Random Drug and Alcohol Tests Legal?

A controversial and contentious area of workplace law concerns the issue of random drug and alcohol testing. It is important to note that the Ontario Employment Standards Act, 2000 does not specifically address the issue, thus leaving the issue to labour boards, courts, and the Human Rights Tribunals.

How to Tell if an Ontario Worker is a Construction Employee

There are exceptions to every rule. For example, not all workers in Ontario are covered by all aspects of Ontario’s employment laws. Some workers’ rights, for example bank employees and those who work for airlines, are governed by the Canada Labour Code. In other cases, even those who are generally covered by the Ontario Employment Standards Act, 2000 are not covered for all aspects.

One such exemption is with respect to “construction employees.” However, sometimes determining whether a worker is a “construction employee” is more complicated than it may initially appear.