Labour & Employment
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February 04, 2026
Court upholds decision finding race, disability did not play a role in TD Bank employee’s demotion
The Federal Court has upheld a tribunal decision that a Black employee formerly working at TD Bank was not deprived of his Charter rights due to a demotion through restructuring, despite his arguments on race and disability being a factor.
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February 04, 2026
Alberta seeking greater role in judicial appointments, threatens to withhold funding for judges
Alberta Premier Danielle Smith is asking the federal government for a greater say in judicial appointments and has threatened to withdraw funding to support any new judicial appointments in the province unless a more collaborative process is set up. In an open letter to Prime Minister Mark Carney, Smith also said Ottawa needs to relax bilingualism requirements for judicial appointments “that do not reflect Canada’s broader linguistic diversity in Western Canada and alienates Albertans and western Canadians alike.”
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February 04, 2026
When it comes to employee vaccination policy, proportionality matters
The Ontario Superior Court’s recent decision in Paul v. Sensient Colors Canada Ltd., 2025 ONSC 3127 should cause a familiar sense of discomfort for employers who assumed that pandemic-era policies would receive blanket judicial deference.
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February 04, 2026
The expanding use of biometrics: Privacy guidance for federal institutions
Biometric technologies have progressed rapidly over the past two decades, enabling not only identity verification (one-to-one comparison) and recognition (one-to-many) but also health and behavioural analysis through app interactions, among other uses.
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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.