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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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New PIPEDA Breach Reporting Obligations

September 25, 2018

On November 1, 2018 new mandatory privacy breach reporting requirements will come into effect for all organizations governed by the Personal Information and Electronic Documents Act (“PIPEDA”). In preparation, the Office of the Privacy Commissioner of Canada (“OPC”) has released a document providing guidance on mandatory breach reporting. This guidance is currently in draft form and open for consultation from stakeholders until October 2, 2018, following which a final version of the documents will be published. When to Report a Breach The mandatory breach reporting requirements will only require organizations to report breaches that create a “real risk of significant harm”…

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Court awards damages and an injunction to an employer for defamatory statements made by a former employee

September 21, 2018

The Ontario Superior Court of Justice awarded damages, punitive damages and a permanent interlocutory injunction to an employer and two of its managers due to defamatory statements made by a former employee (hereinafter the “Defendant”) who had previously been dismissed for cause. Sébastien Huard and Justin Dubois, of Emond Harnden, were successful before the Court on behalf of the employer and two members of management (jointly referred to as the “Plaintiffs”). The employer, the Association pour l’intégration sociale d’Ottawa, is a non-profit organization offering services within the City of Ottawa to French-speaking persons with an intellectual deficiency or developmental handicap….

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Federal Government releases report on consultations to modernize Canada Labour Code

September 11, 2018

The Canada Labour Code (“Code”) minimum standards for wages, hours of work, and other general working conditions, were established in the 1960s at a time when standard employment (i.e. full-time employment with decent wages and benefits) was the norm. For the most part, these standards have remained unchanged notwithstanding the dramatic rise in non-standard employment since the 1970s. Non-standard employment includes temporary and part-time work, usually without benefits, and is characterized as being low income, unstable, and precarious. Given this context, the federal government (Employment and Social Development Canada) conducted a ten-month consultation period with a broad range of stakeholders, to discuss how…

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Discrimination on the basis of citizenship – Ontario Human Rights Tribunal releases landmark decision

September 7, 2018

In Haseeb v. Imperial Oil Ltd. (July, 2018), the Human Rights Tribunal of Ontario (“Tribunal”) was tasked with considering a claim of discrimination in employment on the basis of citizenship. While citizenship is a prohibited ground of discrimination under the Ontario Human Rights Code (“Code”), it is certainly one of the less frequently litigated grounds of discrimination. The decision therefore is very useful to employers as it discusses citizenship discrimination in the hiring process with particular regard to employment qualifications and pre-conditions. The facts giving rise to the case may seem innocuous at first blush. Imperial Oil Ltd. had a program through…

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August 21, 2018 – “Bona fide” Business Requirement Argument Doesn’t Fly With Arbitrator

August 21, 2018

TOP STORY Newrest v Teamsters, Local 647, 2018 CanLII 76447 Grievance – Layoff and Bargaining Unit Work – Grievance over 6 layoffs and continuing violation of agreement by assignment of bargaining unit work to management and non-union administrative positions – Employer admitted to violation of the agreement due to bona fide work requirements – Grievance allowed, Employer declared in violation of agreement, cease and desist Order issued, laid off employees to be returned to positions DECISIONS Passenger Complaint – Lost Passport – Deschênes c. Sunwing Vacations, 2018 QCCQ 5702 Claim for $3,602.47 due to loss of passport on flight and resulting…

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August 15, 2018 – National Airlines Council of Canada urges Ottawa on decision of privatizing airport security

August 15, 2018

TOP STORY National Airlines Council of Canada urges Ottawa on decision of privatizing airport security   DECISIONS Grievance – Unpaid Premium – Air Canada Rouge v Canadian Union of Public Employees, Air Canada Component, Local 4098, 2018 CanLII 74198 Grievance as Employer failed to include training hours in calculation of “Over 95 Hours Premium” – Review of agreement language found that training hours are not included in calculation of the Over 95 Hours Premium – Grievance dismissed. Discrimination – Jurisdiction – McAteer v. Garda Security Screening Inc., 2018 HRTO 1062 Applicant worked for CATSA contractor – Employer found to be…

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August 7, 2018 – CUPE cleared for takeoff to represent WestJet flight attendants

August 7, 2018

TOP STORY CUPE cleared for takeoff to represent WestJet flight attendants   DECISIONS Claim – Loss of Tools – Morin c. Premier Aviation Quebec Inc., 2018 QCCQ 5139 Employee claimed $3,859.94 for loss of personal tools from worksite – Employee was incarcerated and Employer emailed to advise his tools were locked up but he needed to make arrangements to pick up such personal belonging, employee failed to respond – Business was then sold and his tools were vandalized after they were left in unsecure location – New business found to have not made any guarantees to employee regarding the tools…

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July 31, 2018 – Canada’s small airports applaud Federal decision to invest in safety infrastructure

August 1, 2018

TOP STORY Canada’s small airports applaud Federal decision to invest in safety infrastructure   DECISIONS Passenger Claim – Lost Baggage – Tremblay c. Air Canada, 2018 QCCQ 4823 Claim for $12,940 for lost baggage and consistent misinformation from air carrier – Awarded $3,611 for various claimed damages plus $2,000 in punitive damages due to failure to advise customers properly regarding baggage for three weeks CIRB DECISIONS Certification – Airport Terminal Services Canadian Company, Order No.: 11301-U IAMAW – All ramp agents, ramp crew chiefs (ramp leads), groomers and grooming crew chiefs (groomer leads) of Airport Terminal Services Canadian Company…

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July 25, 2018 – TSB Reports on Fatigue in the Transportation Sector

TOP STORY Fatigue in Transportation Forum DECISIONS Judicial Review – Penalty for Negligence – Friesen v. Canada (Attorney General), 2018 FC 723 Helicopter pilot fined $1,000 for negligence and “likely to endanger the life or property of any person” for sliding helicopter between skaters – Decision confirmed on Appeal – Application for Judicial Review dismissed with costs – Appeal Panel was reasonable to have found SFO Certificate would have been reasonable additional step which Applicant failed to take before performing stunt Judicial Review – Security Clearance – Ramos v. Canada (Attorney General), 2018 FC 696 Cleaner at airport denied renewal…

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July 17, 2018 – WestJet, Swoop respond to possible unionization of flight attendants

TOP STORY WestJet, Swoop respond to possible unionization of flight attendants   DECISIONS Passenger Complaint – Missed Flight – Sabiq c. Turkish Airlines, 2018 QCCQ 4747 Claim for $4,500 due to missed flight – Airline not responsible for passenger missing scheduled departure – Dismissed Appeal – Deficit – Gignac and Porter Airlines, 2018 QCTAT 3290 Customer Service Agent claims 45% anatomic-physiological deficit due to diagnosis of fibromyalgia – Tribunal cannot decide on issue as not related to workplace accident in 2013 – Appeal dismissed   CANADIAN TRANSPORTATION AGENCY DECISIONS Application – Société Air France c.o.b. as Air France – Determination…

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July 10, 2018 – First Air and Canadian North Announce Merger

TOP STORY First Air and Canadian North plan to merge … again   CANADIAN TRANSPORTATION AGENCY DECISIONS Application – WestJet – Determination No. A-2018-156 Pursuant to subsection 69(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended Application – WestJet – Determination No. A-2018-146 Pursuant to subsection 69(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended Application – WestJet – Determination No. A-2018-145 Pursuant to subsection 69(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended Application – WestJet – Determination No. A-2018-155 Pursuant to subsection 69(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended Application – WestJet…

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July 4, 2018 – Lacking Eyes on the Skies

July 4, 2018

TOP STORY Nav Canada feeling effects of labour shortage   DECISIONS Judicial Review – Security Clearance – Haque v. Canada (Attorney General), 2018 FC 651 Pearson worker denied Security Clearance as was found to have associations with individuals with criminal records, among other charges – Review of procedural fairness and reasonableness of decision – Director General found to have relied on factors tainted with reviewable errors – Decision to be set aside and application for security clearance reconsidered Appeal – Denial of Entitlement – Decision No. 3015/17, 2018 ONWSIAT 1092 Employee appeal of denial of entitlement for chronic bronchitis –…

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June 27, 2018 – ATAC Asks Garneau to Align Canadian Flight and Duty Times with U.S. Regulations

June 27, 2018

TOP STORY ATAC Asks Garneau to Align Canadian Flight and Duty Times with U.S. Regulations   DECISIONS Application – Costs – Pacific Aviation Academy of British Columbia v Hassan, 2018 BCSC 979 Judicial review decision had set aside judgement in default and referred action back to Provincial Court, with costs for the petitioners – Respondent argued costs should be awarded to successful party at Provincial Court – No reason to divert from established practice to award cost to successful party – Respondents awarded costs on application in addition to those on judicial review Judicial review decision: Pacific Aviation Academy of…

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July 1st a Sunday? Holidays Act “Bumps” Canada Day to July 2nd

June 26, 2018

The federal Holidays Act provides that July1st is a legal holiday, kept and observed under the name “Canada Day”. This year July 1st falls on a Sunday which, for most employees, would not be a regular working day. As a result, Canada Day is “bumped” to July 2nd. This can lead to some confusion on the parts of both employers and employees as to what holiday benefits employees are entitled to and on which day. When July 1st is a Sunday As noted above, the Holidays Act states that July 1st is the legal holiday known as Canada Day. However,…

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June 13, 2018 – Airlines Struggle With Global Pilot Shortage

June 13, 2018

TOP STORY Airlines Struggle with Global Pilot Shortage DECISIONS Appeal – Lower Back Injury – Decision No. 2649/17, 2018 ONWSIAT 890 Appeal of three ARO decisions regarding back injury of AME in 2012 – Worker had pre-existing condition, however workplace accident aggravated condition – Employee granted ongoing entitlement on the basis that back did not return to pre-injury state – Other Appeals withdrawn CIRB DECISIONS Certification – Calm Air International LP – Order No.: 11275-U United Steelworkers – all employees of Calm Air International LP in the City of Thompson, the town of Churchill and the town Gillam,…

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