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Lawyer’s Letter Provides Just Cause for Dismissal

The BC Court of Appeal recently dismissed an appeal from a trial court decision which found that a disrespectful, inflammatory letter sent by an employee’s legal counsel to her employer was a culminating incident establishing just cause for her dismissal….

Termination of Employees on LTD Discriminatory

The BC Court of Appeal recently upheld an arbitrator’s decision that an employer improperly discriminated against a group of disabled employees when it terminated their employment to avoid paying severance under the permanent closure provisions of the collective agreement. The…

Duty to Accommodate Disability Related Absenteeism

In a recent decision, the BC Human Rights Tribunal addressed the extent of an employer’s duty to accommodate excessive absenteeism caused by disability. An employee began experiencing symptoms which were later diagnosed as anxiety and depression. He went on leave…

Privacy Tort Recognized by Ontario Court of Appeal

The Ontario Court of Appeal has recently recognized a new civil right of action of “intrusion upon seclusion” which attracts liability for invasion of personal privacy. This decision is significant since no appellate court in Canada has previously acknowledged an…

Resignation During Notice Period Results in Reduced Damages

The BC Court of Appeal recently revisited the legal implications of an employer providing inadequate notice of termination to an employee where the employee refuses to work through the notice period. The employee, a 61 year old bus driver with…

Private Sector Privacy Oversight: Canadian Commissioners Renew Agreement

Three years after signing an original Memorandum of Understanding in 2008, the Privacy Commissioners of Canada, BC and Alberta have renewed their commitment to work collaboratively in carrying out their mandates to enforce privacy laws in the private sector. In…

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