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Atlantic Employers’ Counsel – Spring 2014

The Editor’s Corner

Clarence Bennett

This edition focuses on employment and labour issues in Construction. From occupational health and safety legislation to what you need to know when the union organizer arrives at your workplace. We also cover off the general labour and employment differences between non-union and union construction sites in Newfoundland and Labrador.

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Safety begins with you: what construction employers in Atlantic Canada need to know about occupational health and safety

Rebecca Saturley and Michelle McCann

Workplace injury and death is highest in the construction industry. In 2008, the Federal Government recorded an average of 24.5 injuries annually per 1,000 employees in the construction industry. Given these statistics, it is in a construction employer’s best interest to take all reasonable measures to ensure safety on construction worksites.

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Recent construction industry safety violation discipline decisions: due diligence means enforcing rules

Clarence Bennett and Alison Strachan

Effective health and safety programs must meet provincial occupational health and safety standards and employers must always exercise due diligence in taking steps to meet those standards. Ongoing enforcement of a health and safety program is a must. If not, it is arguable that the employer is not meeting its due diligence requirements and may face unnecessary difficulty defending an occupational health and safety prosecution.

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Unionization and its impact in the construction industry

Rick Dunlop, Sacha Morisset, Stephen Carpenter and Stephen Penney

Non-union employers in Atlantic Canada’s construction industry should be aware of the relative ease with which they can become unionized and the significant impact that unionization can have on the operation of their businesses.

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Unionized and non-unionized management rights in the construction industry: the Newfoundland and Labrador snapshot

Ruth Trask

Has your Newfoundland-based construction company recently been certified by a union, or are you contemplating the use of a union subcontractor on your worksite? There are a number of unique features of the construction industry in Newfoundland and Labrador. This article will make you aware of just a few of them.

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Client Update: Proposed reform of Ontario’s labour and employment statutes

May 30, 2017

Mark Tector and Annie Gray This morning, May 30, 2017, Ontario Premier Kathleen Wynne announced her government’s intention to introduce sweeping legislative reform of labour and employment laws. If passed, the proposed Fair Workplaces, Better Jobs Act, 2017 would…

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Get ready: CASL’s consent grace period ends July 1, 2017

May 19, 2017

Canada’s Anti-Spam Law (“CASL”) is a federal law in force since July 1, 2014, aimed at eliminating unsolicited and malicious electronic communications and requires organizations to comply with specific consent, disclosure and unsubscribe requirements when…

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Nothing fishy here: Federal Court dismisses application for judicial review in PIIFCAF case

May 18, 2017

Jennifer Taylor Introduction Kirby Elson had been fishing in Newfoundland and Labrador for about 50 years when the policy on Preserving the Independence of the Inshore Fleet in Canada’s Atlantic Fisheries (“PIIFCAF”) was introduced in…

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Client Update: The Cannabis Act – Getting into the Weeds

May 9, 2017

Rick Dunlop, David Randell, Christine Pound, Sadira Jan and Kevin Landry The federal government’s introduction of the Cannabis Act, the first step in the legalization of marijuana (or cannabis), has understandably triggered a wide range of reactions in the Canadian business…

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The Latest in Employment Law: A Stewart McKelvey Newsletter – Amendments to the Occupational Health and Safety Act, SNS 1996, c 7

May 9, 2017

Mark Tector and Annie Gray On April 26, 2017, the Government of Nova Scotia announced that amendments to the Occupational Health and Safety Act, which were passed in May of 2016, will officially come into force as of June…

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Client Update: CPP disability benefits are deductible from awards for loss of earning capacity and loss of income in MVA claims

May 4, 2017

On May 2, 2017, the Nova Scotia Court of Appeal issued a significant decision in Tibbetts v. Murphy, 2017 NSCA 35, on the proper interpretation of s. 113A of the Insurance Act. Specifically the issue was whether…

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Protests and injunctions: is the presence of journalists a material fact for the court?

April 24, 2017

Joe Thorne and Amanda Whitehead A fundamental principle of our legal system is that all parties to a dispute should be given the opportunity to be heard. However, the law recognizes that some circumstances warrant speedy judicial…

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Damages for minor injuries in Nova Scotia: a new case on the new cap

April 20, 2017

Damages for pain and suffering are capped for Nova Scotians who are injured in motor vehicle accidents if their injuries are considered “minor.” The cap was amended for accidents occurring on or after April 28,…

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The Latest in Employment Law: A Stewart McKelvey Newsletter – “You gotta have (good) faith” … Terminating without notice during the probationary period

April 19, 2017

Grant Machum & Sean Kelly A recent decision from the Supreme Court of British Columbia, Ly v. British Columbia (Interior Health Authority) 2017 BCSC 42, provides helpful clarification of the law on termination of probationary employees on the basis…

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Municipality liable for failing to ensure visitor was reasonably safe in Municipal Public Park

April 19, 2017

Perlene Morrison and Hilary Newman The Supreme Court of Canada recently declined to hear an appeal from the Ontario Court of Appeal decision in Campbell v Bruce (County), 2016 ONCA 371. The Court of Appeal confirmed the lower court finding…

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