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Atlantic Employers’ Counsel – Fall 2014

The Editor’s Corner

Clarence Bennett

This issue focuses on the family and the interaction between employment and family obligations.

As 2014 comes to a close, I would like to extend Seasons Greetings to all of our readers and to thank you for your kind comments and e-mails over the past year. I have enjoyed my time as Editor of this publication and am proud to have reviewed more than 150 articles by my Labour and Employment group colleagues during my tenure. However, I am stepping aside to take on a new role in our Labour and Employment Group and, as such, this is my last issue as Editor of the Atlantic Employers’ Counsel.

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Who’s responsible for who? Family matters.
Melissa Everett Withers

All of the provinces and territories in Canada (except New Brunswick), prescribe human rights protections based on “family status” (or “civil status” in Quebec, which has been interpreted by the Supreme Court of Canada to include familial relationships). TheCanadian Human Rights Act (“Act“) also prohibits discrimination based on family status.

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What do I do with the kids? Finding a reliable babysitter – now an employer issue
Michelle McCann

Employers are prohibited from discriminating against employees based on “family status” under the Human Rights legislation in every Canadian jurisdictions, except in New Brunswick. Although the legislation across jurisdictions is fairly similar, until this year there has been widespread debate about if, and when, an employee’s child care obligations can trigger the duty to accommodate.

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What about the old people?
Michelle Black 

The basis of family status extends beyond childcare; there is also the developing issue of eldercare, that is, when members of the workforce need to take time away from work in order to tend to the needs of elderly and infirm parents. The Ontario Human Rights Tribunal was asked to deal with this very issue in Devaney v. ZRV Holdings Limited (2012 HRTO 1590).

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Need a couple of days for family responsibilities?
Patti Wheatley

While New Brunswick does not protect discrimination based on “family status”, each province in Atlantic Canada has legislation that provides for family leave. In general terms, these provisions require employers to grant employees a specified amount of time off to fulfill routine family responsibilities, such as caring for a child during a minor illness. Family leave is distinct from compassionate care leave, which is a more substantial absence granted when an employee’s family member is seriously ill. The legislative schemes in each Atlantic province are similar, but different.

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A fox in the henhouse – growing your business beyond family members
Ruth Trask

There are so many shapes and sizes of family businesses in Atlantic Canada, from husband-and-wife entrepreneurs just starting out, to well established household names. I don’t wish to generalize, but there are some things that many family businesses have in common. The titular fox refer to the general reluctance felt by many small, family business owners about bringing in “non-family” employees.

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TTC’s Random Testing Decision: A Bright Light for Employers in the Haze of Marijuana Legalization

April 11, 2017

Rick Dunlop In my December 15, 2016 article, Federal Government’s Cannabis Report: What does it mean for employers?, I noted the Report’s1 suggestion that there was a lack of research to reliably determine when individuals are impaired…

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Unionization in the Construction Industry: Vacation Day + Snapshot Rule = Disenfranchisement

April 4, 2017

Rick Dunlop and Michelle Black On March 14, 2014, CanMar Contracting Limited (“CanMar”) granted a day off to two of its hard working and longer serving employees so they could spend time with their respective families. That…

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Sometimes a bad deal is just a bad deal: unconscionability and insurance claim settlements in Downer v Pitcher, 2017 NLCA 13

March 16, 2017

Joe Thorne and Meaghan McCaw The doctrine of unconscionability is an equitable remedy available in exceptional circumstances where a bargain between parties, be it a settlement or a release, may be set aside on the basis that…

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Privilege Prevails: Privacy Commissioner protects solicitor-client communications

March 16, 2017

Jonathan Coady After more than five years, the Prince Edward Island Information and Privacy Commissioner (the “Privacy Commissioner”) has completed her review into more than sixty records withheld by a local school board on the…

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The Latest in Labour Law: A Stewart McKelvey Newsletter – Nova Scotia Teachers Union & Government – a synopsis

March 7, 2017

Peter McLellan, QC & Richard Jordan Introduction On February 21, 2017 the Nova Scotia Government passed Bill 75 – the Teachers’ Professional Agreement and Classroom Improvement (2017) Act. This Bulletin will provide some background to what is, today,…

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Scotia Mortgage Corporation v Furlong: The Supreme Court of Newfoundland and Labrador weighs in on the former client rule in commercial transactions

March 1, 2017

Bruce Grant, QC and Justin Hewitt In the recent decision of Scotia Mortgage Corporation v Furlong1 the Supreme Court of Newfoundland and Labrador confirmed that where a law firm acts jointly for the borrower and lender in the placement…

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The Ordinary Meaning of Insurance: Client Update on the SCC’s Decision in Sabean

February 21, 2017

The Supreme Court of Canada released its decision in Sabean v Portage La Prairie Mutual Insurance Co, 2017 SCC 7 at the end of January, finally answering an insurance policy question that had divided the lower…

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Client Update: Outlook for the 2017 Proxy Season

February 8, 2017

In preparing for the 2017 proxy season, you should be aware of some regulatory changes and institutional investor guidance that may impact disclosure to, and interactions with, your shareholders. This update highlights what is new…

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Client Update: The Future of Planning and Development on Prince Edward Island – Recent Amendments to the Planning Act

January 23, 2017

Perlene Morrison and Hilary Newman During the fall 2016 legislative sitting, the Province of Prince Edward Island passed legislation that results in significant changes to the Planning Act. The amendments received royal assent on December 15, 2016 and…

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Plaintiffs’ medical reports – disclosure obligations in Unifund Assurance Company v. Churchill, 2016 NLCA 73

January 10, 2017

Joe Thorne1 and Justin Hewitt2 In Unifund Assurance Company v Churchill,3  the Newfoundland and Labrador Court of Appeal considered the application of our rules of court and the common law as they relate to disclosure of documents produced in…

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