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The articles listed below are intended to provide readers with general information. They should not be regarded or relied upon as legal advice or opinion.

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June 20, 2017 – Porter CEO inducted into Hall of Fame

June 20, 2017

Top Story Canada’s Aviation Hall of Fame recognizes Robert Deluce   DECISIONS Judicial Review – Odour did not constitute a “danger” – Canadian Union of Public Employees v. Air Canada, 2017 FC 554 JR of Occupational Health and Safety Tribunal Canada decision confirming findings of HSOs that “danger” did not exist due to pyrolysis of jet engine oil and hydraulic fuel (Diaz Delgado et al v Air Canada, 2015 OHSTC 15) – Companion decision (Air Canada v Canadian Union of Public Employees, 2015 OHSTC 14 ) found that Employer failed to warn employees of “known or foreseeable health hazard” or…

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June 13, 2017 – Safety Summit proceeds with pilot fatigue regulations

June 13, 2017

TOP STORY Pilot fatigue rules set to move forward despite safety concerns   CANADIAN TRANSPORTATION AGENCY DECISIONS Application – Jet-Link AG – Determination No. A-2017-67 To continue the suspension of Licence No. 100022 Application – Bradley Air Services Limited also c.o.b. as, among others, First Air, on behalf of itself and Lynden Air Cargo, LLC c.o.b. as Lynden Air Cargo and as Loken Aviation – Determination No. A-2017-68 Pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c.10, as amended, and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended Application – Lev Marder against Jet Airways (India) Limited…

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June 6, 2017 – Canada Jetlines appoints ULCC Veteran Stan Gadek as CEO

June 6, 2017

TOP STORY Canada Jetlines prepares for takeoff: announces Stan Gadek as Chief Executive Officer tapping 20-plus years of airline leadership experience   DECISIONS Appeal – Wage Recovery – Strait Air (2000) Ltd. c. Durand, [2017] D.A.T.C. no 92 Appeal by employer of employment standards inspector order to remit unpaid wages – Employee claimed balance of training bond withheld from last pay upon his resignation – Inspector found withholding required written authorization by employee for the specific amount – Employee’s authorization given upon signature of training bond – No requirement for additional after the fact more specific authorization – Order cancelled,…

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May 30, 2017 – Mandatory retirement for pilots upheld

May 31, 2017

TOP STORY Gregg v. Air Canada Pilots Association, 2017 FC 506 Judicial Review – Mandatory retirement Application for Judicial Review of CHRC decision regarding termination due to age – Normal age of pilot retirement found to be 60 – CHRC decision was within range of acceptable possible outcome based on fact and law – Dismissed with costs   DECISIONS Application for Certification – International Association of Machinists and Aerospace Workers / Association Internationale des Machinistes et des Travailleuses et Travailleurs de l’Aérospatiale v Sky Café Ltd., 2017 CanLII 31552 Ballots cast – All employee unit certified CIRB DECISIONS Bargaining…

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Ontario proposes major changes to employment and labour laws

Further to our Focus Alert from last week, on May 30, 2017, the government of Ontario announced its intention to introduce proposed legislation entitled the Fair Workplaces, Better Jobs Act, 2017. The government has indicated that the legislation will be introduced over the next few days and, if passed, will result in significant amendments to both the Ontario Employment Standards Act (“ESA”) and the Ontario Labour Relations Act (“LRA”).   Proposed changes to the ESA In a news conference held on May 30, 2017, the government of Ontario highlighted the following five changes: Proposed Increases to Ontario’s Minimum Wage If…

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Divisional Court holds that employers may require an Independent Medical Examination in “certain circumstances”

May 30, 2017

Readers of Focus are familiar with the procedural and substantive components of an employer’s duty to accommodate an employee’s disability-related needs. The procedural component requires the employer to assess the employee’s needs, and to investigate possible accommodation measures for that employee. The substantive component requires the employer to provide the necessary accommodations to the point of undue hardship. But to what degree must an employer accept the medical evidence presented on behalf of an employee? And under what circumstances will an employer be entitled to seek further medical information? The Divisional Court recently addressed these questions in Bottiglia v. Ottawa…

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The Release of Ontario’s Changing Workplace Review

May 25, 2017

As our readers will recall, Ontario’s Minister of Labour appointed C. Michael Mitchell and former Justice John C. Murray as Special Advisors to lead the Changing Workplace Review, seeking recommendations to modernize Ontario’s Employment Standards Act and Labour Relations Act. In July, 2016, the Special Advisors released an Interim Report detailing various options to overhaul employment and labour laws in Ontario. Emond Harnden issued a Focus Alert detailing some of the proposed recommendations in the Interim Report (see Ontario considers options to amend the Employment Standards Act and the Labour Relations Act). Emond Harnden also made submissions in response to…

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May 23, 2017 – Aviation associations issue open letter to Transport Minister over fatigue management

May 24, 2017

TOP STORY Aviation associations issue open letter to Transport Minister over fatigue management   DECISIONS Judicial Review – Flight followers rate of pay – Canada (Attorney General) v. Canadian Federal Pilots Association, 2017 FCA 100 Judicial review of PSLREB decision (Canadian Federal Pilots Association v. Treasury Board, 2016 PSLREB 46) – Flight followers not working standby – Decision found to be reasonable – Dismissed with costs Review Hearing – Refusal to issue aviation document – Douglas v. Canada (Minister of Transport), [2017] C.T.A.T.D. No. 12 Refusal to issue or amend ALPT rater/tester designation for failure to test according to regulations and…

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Ontario government releases Construction Health and Safety Action Plan

May 18, 2017

On May 11, 2017, the Government of Ontario released its Construction Health and Safety Action Plan (CHSAP or Action Plan). The Action Plan, which includes 16 specific recommendations, was created with input from construction employers, workers and other industry stakeholders. The Province’s goal in adopting the Action Plan is to prevent workplace injuries, illnesses and fatalities for workers on construction sites across the province. In March 2015, the Minister of Labour established an advisory group to assist the government in the development and implementation of a Construction Health and Safety Action Plan. The advisory group, which included an equal number…

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Worried about legal liability for providing a bad reference? Truth is the best defence

May 17, 2017

In the increasingly litigious world of employment law, employers may often be hesitant to provide a negative reference for a former employee. This hesitation often stems from concerns that the former employee may bring an action claiming damages for defamation or fraudulent misrepresentation. Although these concerns are not without justification, the recent decision of the Ontario Superior Court of Justice in Papp v. Stokes et al (April, 2017) may help to put them in the proper perspective. By way of background, Mr. Papp was employed as a staff economist with Stokes Economic Consulting Inc. The employment was terminated after just…

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May 16, 2017 – WestJet pilots vote in favour of forming a union

May 16, 2017

TOP STORY WestJet pilots vote in favour of forming a union   DECISIONS Judicial Review – Security Clearance – Ng v. Canada (Attorney General), 2017 FC 376 Flight Attendant denied security clearance – Involvement in multiple incidents related to drug trafficking – Applicant argued decision was unintelligible – Dismissed Appeal – Workplace Insurance – Aviation Peak inc. et Caron, 2017 QCTAT 2095 Employer late reconsideration applications denied – Jurisdiction issue – Issue of reasonable reason for delay- Dismissed Passenger Claim – Rochon c. Air Canada, 2017 QCCQ 4339 Tickets bought from Air Canada but fulfilled in part by United Airlines…

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Ontario Divisional Court grants exceptional pupil’s judicial review application for special damages to cover the costs of private schooling

May 11, 2017

In L.B. v. Toronto District School Board et al. (March, 2017), the Ontario Divisional Court recently considered an exceptional pupil’s judicial review application of a remedial decision of the Human Rights Tribunal of Ontario (and confirmed in a reconsideration decision). In its decision, the Tribunal found that the Toronto District School Board (“School Board”) had discriminated against the Applicant, L.B., an exceptional pupil, and awarded general damages in the amount of $35,000 as monetary compensation for injury to his dignity, feelings, and self-respect. However, the Tribunal denied the Applicant’s request for special damages to cover the costs of private schooling following…

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May 9, 2017: Young pilots go from classroom to cockpit

May 10, 2017

TOP STORY Flight path to success   DECISIONS Settlement – Disclosure of settlement terms – Underhill v Central Aircraft Maintenance Ltd., 2017 SKQB 102 Disclosure request of other defendants’ settlement terms – Non-financial terms to be disclosed Application – Certification – International Association of Machinists and Aerospace Workers / Association Internationale des Machinistes et des Travailleuses et Travailleurs de l’Aérospatiale v Sky Café Ltd., 2017 CanLII 25242 Certification application by IAM – Proposed all employee unit – Vote ordered Application – Certification – International Association of Machinists and Aerospace Workers / Association Internationale des Machinistes et des Travailleuses et Travailleurs…

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HRTO dismisses student’s discrimination application – parents failed to cooperate in accommodation process

May 8, 2017

The Human Rights Tribunal of Ontario recently considered whether the Conseil des écoles publiques de l’Est de l’Ontario (“School Board”) accommodated the applicant’s alleged disability by offering home instruction. In Y.B. v. Conseil des écoles publiques de l’Est de l’Ontario (May, 2017), the Tribunal dismissed the Application on the basis that the Applicant’s parents made no attempt to cooperate in the accommodation process or work with the School Board to find an appropriate solution for their child. Emond Harnden’s Paul Marshall and Sophie Gagnier successfully represented the School Board before the Tribunal. At the relevant time, the Applicant, Y.B., was…

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Clock on limitation period for wrongful dismissal claim starts on day of notice – not last day worked

May 5, 2017

A recent decision of the Ontario Superior Court of Justice confirms that the limitation period in respect of a wrongful dismissal claim commences on the day that the employee is provided notice of the termination, not on the last day the employee works. In Bailey v. Milo-Food & Agricultural Infrastructure & Services Inc. (April, 2017), the defendant employer was successful on a motion to have the employee’s claim of wrongful dismissal struck. The judge agreed with the employer that the wrongful dismissal claim was commenced more than six months after the expiration of the limitation period and was therefore statute-barred….

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