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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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Prince Edward Island adopts new Municipal Government Act

December 22, 2016

Perlene Morrison Prince Edward Island’s municipal legislation is being modernized with the implementation of the Municipal Government Act (the “MGA”). The legislation has now received royal assent and will be proclaimed in force at a future date.…

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Land Use Planning in Prince Edward Island: The Year in Review

December 20, 2016

Jonathan Coady and Chera-Lee Gomez It’s that time of year – the moment when we look back at the year that was and chart our course for the year ahead. For many councillors, administrators and planning professionals…

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The Latest in Labour Law: A Stewart McKelvey Newsletter – Onsite OHS liability: Who is (and who is not) the true constructor?

December 15, 2016

Peter McLellan, QC and Michelle Black In a recent decision, R v McCarthy’s Roofing Limited, Judge Anne Derrick provided some much-needed clarity around what it means to be a “constructor” on a job site. This is critical as…

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Federal Government’s Cannabis Report: What does it mean for employers?

December 15, 2016

Rick Dunlop On December 13, 2016, the Government of Canada released A Framework for the Legalization and Regulation of Cannabis in Canada: The Final Report of the Task Force on Cannabis Legalization and Regulation (“Report”). The Report’s…

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Canadian employers facing marijuana challenges in the workplace

November 25, 2016

Brian Johnston, QC Canadian employers are already coping with approximately 75,000 Canadians authorized to use medical marijuana. Health Canada expects that this number will increase to about 450,000 by 2024. Employers know that medical marijuana…

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You’ve got mail – Ontario Court of Appeal sends a constitutional message to municipalities about community mailboxes

October 28, 2016

Jonathan Coady With its decision in Canada Post Corporation v. City of Hamilton,1 the Ontario Court of Appeal has confirmed that the placement of community mailboxes by Canada Post is a matter beyond the reach of municipalities…

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A window on interpreting insurance contracts: Top 10 points from Ledcor Construction

September 23, 2016

Jennifer Taylor Introduction Thanks to some dirty windows, insurance lawyers have a new go-to Supreme Court case on issues of policy interpretation: Ledcor Construction Ltd v Northbridge Indemnity Insurance Co, 2016 SCC 37. The insurers in Ledcor Construction had…

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Charter-ing a Different Course? Two decisions on TWU’s proposed law school

August 11, 2016

Jennifer Taylor Introduction Appeal courts in Ontario1 and Nova Scotia2 have now issued decisions about Trinity Western University’s proposed law school (“TWU”) in British Columbia, and at first glance they couldn’t be more different. The Court of Appeal for…

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Restart the Clock!: Confirmation and resetting limitation periods in Tuck v. Supreme Holdings, 2016 NLCA 40

August 11, 2016

Joe Thorne1 and Giles Ayers2 Limitation periods serve a critical function in the civil justice system. They promote the timely resolution of litigation on the basis of reliable evidence, and permit litigants to assess their legal exposure…

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Client Update: SCC issues major decision affecting federal employers: Wilson v. Atomic Energy of Canada Limited

July 15, 2016

On July 14, 2016 the Supreme Court of Canada issued a significant decision affecting federally regulated employers across Canada. In Wilson v. Atomic Energy of Canada Limited the Court held that the purpose of the unjust dismissal…

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