Labour & Employment
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February 03, 2026
Labour board’s view that worker’s comments weren’t ‘sexual harassment’ was unreasonable: FCA
The Federal Court of Appeal has ruled that a longtime WestJet employee’s persistent unwelcome comments, which had sexual undertones, were “sexual harassment” that could possibly justify his termination, notwithstanding that the labour board below made findings that none of his intrusive comments to his female coworkers were “sexual in nature or intent” and that no one interpreted his comments in a sexual manner.
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February 03, 2026
Quebec SMEs call for grandfathering clause for Temporary Foreign Worker Program
Quebec small and medium-sized enterprises (SMEs) are calling on the federal government for a grandfather clause and transitional measures to combat challenges they are facing due to current restrictions on the Temporary Foreign Worker Program (TFWP) and “poorly aligned reforms” between Ottawa and Quebec.
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February 03, 2026
The open court principle versus reputational loss
The open court principle is a powerful doctrine that has been inextricably linked to the rights guaranteed by s. 2(b) of the Canadian Charter of Rights and Freedoms. The principle permits public access to information about the court, which, in turn, fosters the public to discuss, opine and criticize court practices and proceedings. As well, the principle permits members of the public to obtain information about the courts and the cases that are heard by them.
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February 02, 2026
Top 10 business decisions of 2025, part two
Here is part two of my annual list of the top 10 business decisions in Canada for the year just ended. This two-part series began with the cases ranked sixth through tenth. Part two herein covers the top five cases, in ascending order.
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January 30, 2026
Federal Court dismisses proposed harassment class action for lack of jurisdiction
The Federal Court has dismissed a proposed negligence class action against a federal agency that manages oil and gas resources on First Nations land, finding it does not have jurisdiction over the claims of sexual harassment, physical assault and other grievances within the context of the federal public service.
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January 30, 2026
Legal career reflections: Three things I wish I had known 50 years ago
In 1975 I was a young and enthusiastic teacher in a progressive middle school in rural eastern Ontario. By then I had aggressively completed my bachelor’s degree at night school and summer school, once knocking off five full courses in one calendar year, the same as if I had been a full-time student. I had written both the LSAT (law) and the GMAT (business) entrance tests with flattering scores, with dreams of a career either in law or management. At the same time, my then school principal was mentoring me to become a principal, giving me more responsibilities and coaching toward becoming qualified. The world, it seemed, was my oyster.
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January 30, 2026
PBO: Extended EI benefits to cost $853M, minimal impact on EI premiums
Temporary measures extending Employment Insurance (EI) benefits by up to 20 weeks for long-tenured workers are expected to cost $853 million over five years, according to a legislative costing note released by the Parliamentary Budget Officer (PBO).
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January 30, 2026
Ontario court orders new law licence review for man who admitted to sexually abusing children
Ontario’s top court has ordered a new law licence assessment for a man who admitted to the sexual abuse of children, saying a fresh look is required to determine whether he is of the “good character” required of a lawyer.
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January 29, 2026
Gutless partners tell HR to fire lawyer
I recently met with a law firm associate of a recent vintage whose employment was terminated after a short tenure at her firm. She has no idea why she was fired, for the simple reason that the firm has not told her. She had received no complaints about her work and had even been given a few compliments. In the legal world, that is just about a ringing endorsement.
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January 29, 2026
B.C., Tahltan approve Eskay Creek mine reopening under Declaration Act framework
British Columbia and the Tahltan Nation have jointly agreed to the reopening of the Eskay Creek gold-silver mine near Stewart, B.C., in a move that is expected to eventually create approximately 1,000 construction jobs and more than 770 operational jobs, according to a B.C. government release.