Labour & Employment
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October 15, 2025
Biometric data and workplace surveillance
The most common use of biometric data by Canadian employers is to monitor employees in the workplace. The legitimate extent of such monitoring is one of the fundamental legal questions of the 21st century – while biometric surveillance can make workplaces more efficient, it also implicates the most basic rights of employees. Canadian legislators have created a complex legal regime to address the task of balancing the right to privacy of employees with the right of employers to efficiently manage their workforce and run their business.
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October 15, 2025
Court finds RCMP conduct adjudicator lacked jurisdiction to hear case
The Federal Court has allowed a judicial review of a decision where a member of the Royal Canadian Mounted Police (RCMP) argued that an adjudicator did not have jurisdiction on an appeal relating to conduct.
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October 14, 2025
Privacy regulators discuss AI, cybersecurity and data risks in annual meeting
Federal, provincial and territorial information and privacy commissioners, along with ombudspersons responsible for access and privacy laws, concluded their two-day meeting in Banff focusing on emerging issues including cybersecurity risks, protection of children online and the use of AI in tribunals, the legal practice and health care.
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October 14, 2025
B.C. forest sector urges Ottawa to act as U.S. tariffs take effect
The British Columbia forest sector is calling on Ottawa to act urgently to ease the strain on the industry as an additional 10 per cent U.S. tariff on softwood lumber takes effect.
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October 14, 2025
Federal Court: Litigation use of ex-employee’s social media post not barred by PIPEDA
The Federal Court has largely dismissed a privacy application about an employer’s counsel retaining a former employee’s social-media posts for a defamation suit, finding that such retention is permitted under the Personal Information Protection and Electronic Documents Act (PIPEDA).
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October 10, 2025
SCC clarifies when Quebec 10-year ‘extinctive prescription’ period reboots for collecting on judgments
The Supreme Court of Canada ruled 9-0 in a Quebec appeal that filing and serving a notice to seize property counts as a judicial application interrupting the 10-year deadline to collect payment on a judgment — thereby restarting for a further 10 years the “extinctive prescription” period (comparable to a limitation period in the common law provinces) that applies to rights resulting from most money judgments under art. 2924 of the Civil Code of Québec.
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October 10, 2025
Court affirms dismissal of employer’s breach of fiduciary duty claim against former employee
The Ontario Court of Appeal has upheld a ruling rejecting an employer’s claim of breach of fiduciary duty by a former executive who launched a competing business, affirming findings of only a minor breach and no evidence of resulting financial harm.
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October 10, 2025
When fired ‘at any time’ doesn’t mean game over: Li v. Wayfair Canada ULC
Termination clauses have long been the horror genre of employment law. Draft them too generously toward the employer, and the courts will strike them down faster than you can say contra proferentem. Draft them too cautiously, and you hand the employee common law notice on a silver platter.
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October 10, 2025
James Davis returns to Hicks Morley as Toronto associate
Hicks Morley has announced the return of James Davis to its Toronto office as an associate.
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October 10, 2025
Goldblatt adds Jen Quito as director of legal talent
Goldblatt Partners LLP has welcomed Jen Quito as its director of legal talent, a new position at the firm. She will be based at the Toronto office.