Labour & Employment
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August 15, 2025
Beyond the bar: When nobility rings hollow
I recently sat for the New York “bar exam” (also known as the Uniform Bar Exam or UBE), which is a gruelling and high-stakes test that marks the gateway to practising law in the United States. On the second day of this 12-hour exam, a tragic and jarring incident occurred: a fellow examinee collapsed from cardiac arrest while the test continued unabated.
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August 14, 2025
DEI dilemma: U.S. state bars grapple with DEI programs, language amid legal threats
State bar leaders across the U.S. are wrestling with whether to stand firm on their diversity, equity and inclusion (DEI) programs or quietly rework programs and language as they face rising political pressure and potential legal challenges.
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August 14, 2025
Yukon looking at public, professional feedback on amending Health Professions Act
Yukon will use feedback from the public and other stakeholders to guide “policy and regulatory development” in revamping legislation governing health care professionals.
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August 14, 2025
Bar ramps up campaign to end ‘Zoom-only’ policy & get intervener counsel back into SCC’s courtroom
Prominent intervener groups are telling the Supreme Court of Canada that its 2022 practice direction confining their counsel to Zoom and barring intervener lawyers from making submissions in person before the judges is hurting their advocacy and restricting access to justice for public interest groups. However, the top court says it’s sticking with its current policy since “virtual appearances have proven to be an effective means of supporting equal access.”
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August 14, 2025
Requirements for U.S. companies ‘carrying on business’ in Ontario
The COVID-19 pandemic resulted in a shift toward remote work. Now, in the current environment of tariffs and anti-immigration sentiment in the U.S., many Canadians working in the U.S. for U.S. companies are returning to Canada while continuing to be employed by their U.S. employer. This has resulted in many U.S. companies setting up shop in Ontario without necessarily setting up a brick-and-mortar location in the province. This raises questions as to what obligations and liabilities companies have if their employees are working in Ontario, but the company is not registered in Ontario.
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August 12, 2025
Maggie Williams new associate at Roper Greyell
After her 2025 call to the British Columbia bar, Maggie Williams has been named an associate at labour and employment law experts Roper Greyell.
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August 12, 2025
Employers suing employees for negligence
Whether acting as counsel, mediator or arbitrator, I almost always tell employers the same thing: do not sue your employee just because they did a bad job. The law makes it very difficult to succeed and the attempt can backfire badly. Some courts have even awarded bad faith damages when a counterclaim was seen as nothing more than retaliation (e.g. “He has the nerve to sue us? Well, we are going to file a counterclaim!”).
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August 11, 2025
B.C. Court of Appeal overturns lower court ruling related to temporary foreign worker class action
In a split decision, the B.C. Court of Appeal has rejected a lower court ruling that found one of Canada’s largest convenience store chains was vicariously liable for illegal fees that an immigration consultant hired by Mac’s Convenience Stores Inc. charged to hundreds of temporary foreign workers who were recruited for jobs at the chain, now known as Circle K.
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August 11, 2025
‘The fight of our lifetime’: ABA president receives award for defending rule of law
“This is the fight of our lifetime,” said American Bar Association (ABA) president William Bay while receiving the Ontario Bar Association’s (OBA) President’s Award on behalf of American lawyers on Aug. 7. The award comes as the ABA has launched a lawsuit against the United States federal government for allegedly using its powers to coerce lawyers and law firms to abandon clients, causes and policy positions President Donald Trump opposes.
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August 11, 2025
Employers and the off-duty conduct of employees
A recent decision of the Court of Appeal for Ontario offers important guidance to employers around off-duty conduct and the obligation to investigate incidents of harassment. The decision, Metrolinx v. Amalgamated Transit Union, Local 1587, 2025 ONCA 415 confirms that employers have an obligation to investigate potential incidents of harassment, even in the absence of a formal complaint. It also confirms that employers can discipline for off-duty conduct where that conduct has an impact on the workplace.