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Supreme Court Archives

An extensive, free of charge database of Supreme Court of Canada decisions on labour and employment law cases. For the recent and pending Supreme Court decisions of interest, see our Supreme Court Decisions.

Vivendi Canada Inc. v. Michel Dell'Aniello

January 16, 2014

Class actions – Requirements for authorization (certification) of class action under Quebec's Code of Civil Procedure – Requirement that the claims of the members of a class raise "identical, similar or related questions of law or fact" pursuant to Article 1003(a) of the Code – Claim by retirees that employer illegally amended the company's post-retirement insurance benefits – Whether the Quebec Court of Appeal erred in authorizing class action despite fact that members' claims were based on individual contracts of employment and individual communications with the company  More

Wood v. Schaeffer

December 19, 2013

Police – Special Investigations Unit (SIU) – Right to counsel – Whether regulations under the Police Services Act imposed restrictions on the rights of officers involved in an SIU investigation to consult with legal counsel prior to the preparation of their notes  More

IBM Canada Limited v. Waterman

December 13, 2013

Employment law – Wrongful dismissal – Damages – Pension benefits – Whether pension benefits paid to wrongfully dismissed employee during period of reasonable notice are deductible from damages  More

Amaratunga v. Northwest Atlantic Fisheries Organization

November 29, 2013

Public international law – Employment law – Immunity of international body headquartered in Nova Scotia from wrongful dismissal lawsuit – Whether Nova Scotia Court of Appeal erred in concluding Nova Scotia courts lacked jurisdiction to adjudicate a wrongful dismissal lawsuit against Northwest Atlantic Fisheries Organization (NAFO)   More

Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401

November 15, 2013

Charter of Rights – Freedom of Speech – Labour relations – Privacy legislation – Whether Alberta's Personal Information Protection Act violates a union's right to freedom of expression under s.2(b) of the Charter by prohibiting the union from collecting, using and disclosing videotape and photographs of people crossing a picket line during a legal strike – Whether the impugned provisions of PIPA are a reasonable limit under s.1 of the Charter  More

Régie des rentes du Quebec v. Canada Bread Company Ltd.

September 13, 2013

Judgments – Quebec Court of Appeal reversing a decision of the Régie des rentes finding that certain clauses of a private pension plan authorizing the employer to reduce pensions after closing down were unlawful – Matter remitted to the Régie to be redetermined in accordance with Court's judgment – Quebec legislature enacting declaratory provisions in Supplemental Pension Plans Act in order to impose the Régie's interpretation of statute and exclude the Court of Appeal's interpretation – Whether Court of Appeal erred in holding that, in the absence of express legislative wording to the contrary, the judgment was res judicata (final) and binding   More

Payette v. Guay inc.

September 12, 2013

Employment law – Restrictive covenants – Whether non-competition and non-solicitation covenants were unenforceable as overly broad or by virtue of Article 2095 of Quebec's Civil Code which provides that "[a]n employer may not avail himself of a stipulation of non-competition if he has resiliated [repudiated] the contract without a serious reason"  More

Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd.

June 14, 2013

Labour law – Management rights – Employer rules – Employees' privacy rights – Mandatory random alcohol testing policy – Whether employer's unilateral decision to implement policy of mandatory random alcohol testing of employees in safety-sensitive positions requires sufficient evidence of pre-existing alcohol problems in the workplace – Whether policy meets standard of "reasonableness" required to justify unilateral employer rule – Whether New Brunswick Court of Appeal erred by imposing a "correctness" standard of judicial review on the basis that the case involved an issue of general public importance  More

Penner v. Niagara (Regional Police Services Board)

April 5, 2013

Issue estoppel – Whether the doctrine of issue estoppel applies to findings in police disciplinary hearings – Whether the dismissal of a complaint under Ontario's Police Services Act precludes a civil claim for damages in relation to the same incident  More

Sun Indalex Finance, LLC v. United Steelworkers

February 1, 2013

Pensions – Pension plan wind-up – Pension fund shortfalls – Bankruptcy and Insolvency – Whether Ontario's Pension Benefits Act (PBA) creates a deemed trust respecting all amounts owed by an employer to the pension plan on wind-up of the plan – Whether a deemed trust in favour of pension plan beneficiaries prevails over court-ordered super-priority given to lenders in insolvency proceedings under the Companies' Creditors Arrangement Act (CCAA) – Whether the Ontario Court of Appeal erred in holding that an employer who is also a pension plan administrator is a fiduciary to pensioners when making decisions in CCAA proceedings – Whether the Court of Appeal erred in ruling that proceeds from the sale of an insolvent company's assets must be used to meet funding shortfalls in its employee pension plans rather than to repay lenders who were granted super-priority claims in CCAA proceedings.  More

Professional Institute of the Public Service of Canada v. Canada (Attorney General)

December 19, 2012

Public service pensions – Pension surplus – Government employer either declaring contribution holiday or directing pension surplus funds to Consolidated Revenue Fund – Whether a government employer owes a fiduciary duty to plan members in respect of the contributions they are statutorily required to make for pension purposes in circumstances where: (i) the government is not subject to pension oversight legislation; (ii) the matter of pensions is not subject to collective bargaining; and (iii) the use of surplus causes the employees' contribution rates to significantly increase – Whether a constructive trust should be ordered where a government employer enriches itself (in paying down its debt) by using the surplus to the detriment of its employees (in causing their contribution rates substantially to increase) whose contributions are responsible for a significant portion of the surplus – Whether a government employer can extinguish or expropriate through legislation the plan members' legal or equitable interest in the surplus  More

Driver Iron Inc. v. International Assn. of Bridge, Structural, Ornamental and Reinforcing Ironworkers, Local Union No. 720

November 29, 2012

Labour law – Standard of review – Sufficiency of reasons – Whether an administrative tribunal must address in its reasons each argument made by the parties in a complete, evaluative and in-depth manner – Whether the obligation of an administrative tribunal to give reasons is a matter of procedural fairness or a matter for the reasonableness analysis as set out in Dunsmuir  More

Kane v. Canada (Attorney General)

November 23, 2012

Administrative law – Judicial review – Standard of review – Federal public service staffing appointment process – Complaint proceedings pursuant to Public Service Employment Act (PSEA) alleging abuse of authority by Deputy Head of Service Canada in choosing appointment process  More

Moore v. British Columbia (Education)

November 9, 2012

Human rights – Discrimination in services – Mental or physical disability – Whether school board discriminated against child with severe learning disabilities when, due to financial pressure caused by budget shortfalls, it failed to provide him with the recommended intensive remedial instruction – Whether school board's failure to accommodate was justified by its constrained financial circumstances  More

R. v. Cole

October 19, 2012

Charter of Rights and Freedoms – Criminal law – Privacy rights – Workplace computers – Whether employees have a reasonable expectation of privacy in their personal information found on employer-owned computers which is protected by the guarantee against unreasonable search and seizure in s.8 of the Charter  More

Tessier Ltée v. Quebec (Commission de la santé et de la sécurité du travail)

May 17, 2012

Constitutional law – Division of powers – Jurisdiction – Whether employees performing services for a federal work, business or undertaking through a related provincial operation are subject to federal or provincial jurisdiction in circumstances where the employees do not form a discrete unit and are fully integrated in the related provincial operation  More

Halifax (Regional Municipality) v. Nova Scotia (Human Rights Commission)

March 16, 2012

Judicial review – Standard of review – Whether reasonableness or correctness standard applies to the discretionary decision of a human rights commission to refer a human rights complaint to a board of inquiry  More

Newfoundland and Labrador Nurses' Union v. Newfoundland and Labrador (Treasury Board)

December 15, 2011

Labour law – Judicial review – Standard of review – Procedural fairness – Whether adequacy of arbitrator's reasons a stand-alone basis for quashing decision – Whether reasons satisfy Dunsmuir requirements for "justification, transparency and intelligibility" – Whether reasons engage duty of procedural fairness  More

Alberta (Information and Privacy Commissioner) v. Alberta Teachers' Association

December 14, 2011

Judicial review of administrative tribunals – Standard of review – Whether a tribunal's decision relating to the interpretation of its home statute or statutes closely connected to its functions is reviewable on standard of correctness or reasonableness – Whether an issue that was not raised before the tribunal may be considered on judicial review  More

Nor-Man Regional Health Authority Inc. v. Manitoba Association of Healthcare Professionals

December 2, 2011

Labour arbitration – Remedial authority of arbitrators – Whether arbitrators are legally bound to apply common law or equitable remedies, such as estoppel, in the same manner as courts – Whether standard of judicial review of arbitral awards that apply common law or equitable remedies is reasonableness or correctness – Promissory estoppel – Whether arbitrator erred by imposing remedy of estoppel without finding that union had actually intended through silence to affect its legal relations with the employer  More

Public Service Alliance of Canada v. Canada Post Corporation

November 17, 2011

Human rights – Systemic sex discrimination – Pay equity - Equal wages provisions of the Canadian Human Rights Act – Appropriate comparator groups in a pay equity analysis under the Canadian Human Rights Act – Evidentiary requirements and standard of proof to establish work of equal value  More

Canada (Canadian Human Rights Commission) and Mowat v. Canada (Attorney General)

October 28, 2011

Human rights – Legal costs – Whether Canadian Human Rights Tribunal has jurisdiction under the Canadian Human Rights Act to award legal costs  More

British Columbia (Workers' Compensation Board) v. Figliola

October 27, 2011

Administrative law – Jurisdiction – Forum-shopping – Whether one tribunal (here, the B.C. Human Rights Tribunal) has jurisdiction to adjudicate an issue decided by another tribunal (here, the B.C. Workers' Compensation Board – Res judicata – Mootness – Issue estoppel - Abuse of process  More

Ontario (Attorney General) v. Fraser

April 29, 2011

Constitutional law – Charter of Rights – Freedom of association – Equality rights – Whether Ontario's Agricultural Employees Protection Act, 2002 violates the Charter guarantee of freedom of association by providing insufficient protections to enable agricultural workers to engage in a meaningful process of collective bargaining – Elements of collective bargaining protected by the Charter  More

Withler v. Canada (Attorney General)

March 4, 2011

Constitutional law – Charter of Rights – Equality rights – Age discrimination – Whether federal pension legislation reducing a supplementary death benefit by 10 percent for each year by which plan members exceed prescribed age discriminates against surviving spouses   More

Native Child and Family Services of Toronto v. Communication, Energy, and Paperworkers Union of Canada

November 4, 2010

Constitutional law – Labour relations – Certification – Whether the labour relations of a provincially designated children's aid society providing child protection and family support services to the aboriginal community in Toronto are governed by federal or provincial labour relations legislation  More

NIL/TU,O Child and Family Services Society v. B.C. Government and Service Employees' Union

November 4, 2010

Constitutional law – Labour relations – Certification – Whether the labour relations of a child welfare and family service agency incorporated provincially by several First Nations are governed by federal or provincial labour relations legislation  More

Syndicat de la fonction publique du Québec (SFPQ) v. Attorney General of Quebec (dismissal of casual employee Claude Mireault)Syndicat de la fonction publique du Québec (SFPQ) v. Attorney General of Quebec (dismissal of probationary employee Lahcene Messaoudan)Syndicat des professeurs et

July 29, 2010

Jurisdiction of arbitrator – Employment standards – Whether the most appropriate forum for deciding complaint of dismissal under Québec's labour standards legislation (An act respecting labour standards) is a grievance arbitrator or the province's Labour Relations Board (Commission des relations du travail) – Whether statutory employment standard is an implicit term of collective agreement – Whether Québec's labour standards legislation invalidates inconsistent terms in collective agreement   More

R. v. Conway

June 11, 2010

Charter of Rights and Freedoms – Remedies – Proper approach to determining remedial jurisdiction of administrative tribunals under s.24(1) of Charter  More

Fullowka et al. v. Royal Oak Ventures Inc.

February 18, 2010

Civil liability for wrongful (tortious) conduct – Whether a parent union is liable for the wrongful actions of its locals, and whether a union is liable for the wrongful actions of its members  More

Plourde v. Wal-Mart Canada Corp.; Desbiens v. Wal-Mart Canada Corp.

November 27, 2009

Labour relations – Closure of business – Unfair labour practice complaint alleging dismissal because of union activity – Scope of presumption in s.17 of the Quebec Labour Code and of employer's burden of proving "good and sufficient reason" for termination of employment – Whether employer may close its business for anti-union reasons in light of Charter guarantee of freedom of association and Quebec Labour Code provisions protecting employees' right to engage in union activity  More

Consolidated Fastfrate Inc. v. Western Canada Council of Teamsters

November 26, 2009

Constitutional law – Division of powers – Jurisdiction – Whether local operations of national freight forwarding company that uses third party carrier for interprovincial transportation fall within federal or provincial jurisdiction  More

Nolan v. Kerry (Canada) Inc.

August 7, 2009

Pensions — Pension surplus — Plan expenses — Whether employer can use surplus arising in defined benefit portion of plan to fund its contribution obligations in defined contribution portion of plan — Whether employer can pay plan expenses from the pension fund  More

Greater Vancouver Transportation Authority v. Canadian Federation of Students – British Columbia Component

July 10, 2009

Constitutional law – Charter of Rights – Freedom of expression – Whether ban on political advertising on transit buses a breach of Charter's s.2(b) guarantee of freedom of expression  More

Ravndahl v. Saskatchewan

January 29, 2009

Charter of Rights — Equality rights — Limitation of actions — Whether limitation period applies to bar personal claims for constitutional relief and remedies under s.24(1) of the Charter  More

Shafron v. KRG Insurance Brokers (Western) Inc.

January 23, 2009

Employment law — Restrictive covenant — Non-competition clause — Principles governing severance of ambiguous or unreasonable provisions  More

Confédération des syndicats nationeaux v. Canada (Attorney General)

December 11, 2008

Constitutional law – Division of powers – Employment insurance – Whether the "active measures" provisions of the federal Employment Insurance Act encroach on the provinces' constitutional jurisdiction over property and civil rights – Whether surplus premiums collected by the federal government pursuant to s.66 of the Employment Insurance Act and used to pay down the national debt rather than provide employment insurance benefits amount to a hidden tax in violation of s.53 of the Constitution Act, 1867  More

RBC Dominion Securities Inc. v. Merrill Lynch Canada Inc.

October 9, 2008

Employment law — Departing employees — Whether departing employees who have not signed a non-competition or non-solicitation agreement are under an implied duty not to compete unfairly with their former employer — Whether manager who orchestrated the departure of employees is in breach of an implied obligation of good faith  More

Montreal (City) v. Quebec (Commission des droits de la personne et des droits de la jeunesse)

August 1, 2008

Human rights — Discrimination based on criminal conviction — Pardon — Whether applicant for employment as police officer protected under s.18.2 of Quebec's Charter of Human Rights and Freedoms which prohibits discrimination based on a prior conviction that is in way no way connected with employment or if the person has obtained a pardon  More

New Brunswick (Human Rights Commission) v. Potash Corp. of Saskatchewan Inc.

July 18, 2008

Human rights — Age discrimination — Employee asked to retire at age 65 pursuant to the mandatory retirement policy in employer's pension plan — Whether policy was a "bona fide retirement or pension plan" within the meaning of s.3(6) of New Brunswick's Human Rights Act which provides for an exemption from age-based discrimination — Meaning of "bona fide" in s.3(6) of the Act  More

Syndicat des employées de techniques professionnelles et de bureau d'Hydro Québec, Local 2000 v. Hydro Québec

July 17, 2008

Labour law — Discrimination based on handicap or disability — Prolonged innocent absenteeism due to illness — Employer's duty to accommodate — Undue hardship  More

Blood Tribe Department of Health v. Canada (Privacy Commissioner)

July 17, 2008

Employment law — Privacy — PIPEDA — Whether Privacy Commissioner can order disclosure of personal employment information in respect of which a solicitor-client privilege is claimed  More

Kapp v. The Queen

June 27, 2008

Charter of Rights — Equality rights — Test for establishing discrimination under s.15 of Charter — Whether fishing licence granted exclusively to aboriginal bands pursuant to federal Aboriginal Communal Fishing Licences Regulations constituted discrimination on the basis of race contrary to s.15(1) of the Charter or whether the licence was protected under s.15(2) as a "law, program or activity that has as its object the amelioration of the conditions of disadvantaged individuals or groups"  More

Honda Canada Inc. v. Keays

June 27, 2008

Employment Law — Wrongful dismissal — Basis for and approach to the award of damages for bad faith in the manner of dismissal and of punitive damages in wrongful dismissal action  More

Donald Norman Evans v. Teamsters Local Union No. 31

May 1, 2008

Employment law — Wrongful dismissal — Damages — Mitigation — Whether employee's damage award for wrongful dismissal ought to be reduced or eliminated because of a refusal to return to work and serve out the notice period  More

Dunsmuir v. New Brunswick

March 7, 2008

Judicial review — Standard of review — Whether public office holders are entitled to procedural fairness (reasons and an opportunity to respond) before dismissal  More

Hill v. Hamilton-Wentworth Regional Police Services Board

October 4, 2007

Police — Whether police can be sued for "negligent investigation"  More

Baier v. Alberta

June 29, 2007

Charter — Legislative prohibition of teachers running for election as school board trustees — Whether it constitutes violation of guarantees of freedom of expression and equality rights, free of discrimination, under ss.2(b) and 15 of the Charter.  More

Health Services and Support — Facilities Subsector Bargaining Assn. v. British Columbia

June 8, 2007

Constitutional law — Charter of Rights — Freedom of association — Whether guarantee of freedom of association in Charter of Rights includes procedural right to collective bargaining — If so, whether B.C. health and social services legislation, nullifying provisions in collective agreement that prohibit contracting out of employee jobs, infringes right to bargain collectively — Whether infringement justifiable  More

Council of Canadians with Disabilities v. Via Rail Canada Inc.

March 23, 2007

Disability — Duty to accommodate — Factors to be considered in assessing "undueness" — Whether accommodation poses undue hardship  More

City of Lévis v. Fraternité des policiers de Lévis Inc., et al.

March 22, 2007

Police/Firefighters — When municipal legislation calls for automatic dismissal upon conviction of certain criminal offences and police legislation allows substitution of a lesser penalty depending on the circumstances, which prevails at arbitration?  More

Attorney General of Canada v. George Hislop et al.

March 1, 2007

Charter — Discrimination based on sexual orientation — Retroactive remedy — Whether the government can limit entitlement of same-sex spouses to CPP survivor pensions by limiting full retroactivity to 1998, rather than extending it to 1985 when the Charter's equality rights provision took effect   More

McGill University Health Centre (Montreal General Hospital) v. Syndicat des employés de L'Hôpital général de Montréal

January 26, 2007

Human rights — Equality — Employer’s duty to accommodate — Collective agreement — Labour relations — Absenteeism — Deemed termination clause  More

Industrial Wood & Allied Workers of Canada, Local 700 and GMAC Commercial Credit Corporation – Canada v. T.C.T. Logistics Inc.

July 27, 2006

Bankruptcy — Status of union and collective agreement on sale or disposition of business — Whether the bankruptcy court or Labour Relations Board has jurisdiction to determine successor employer liability of trustees and receivers — Whether bankruptcy court can deny leave to seek successor employer determination from Labour Relations Board  More

Fidler v. Sun Life Assurance Co. of Canada

June 29, 2006

Damages — Disability insurance contract – Damages for mental distress – Punitive damages  More

R. v. Public Service Alliance of Canada

June 23, 2006

Employment law — RCMP Act — Municipalities — Whether RCMP civilian support staff can be provided by municipalities (in which case they could remain municipal employees) or must be hired by the RCMP under the Public Service Employment Act (in which case they might have to re-apply for the jobs they already hold)  More

Buschau v. Rogers Communications Inc.

June 22, 2006

Pensions - trusts - whether the rule in Saunders v. Vautier permits the termination of a modern pension trust on the consent of members and beneficiaries without compliance with legislation regulating pension plans  More

Bisaillon v. Concordia University

May 18, 2006

Pensions — Jurisdiction — Class actions — Weber — Whether the courts or arbitrators have jurisdiction over a union-employer dispute involving an employer-administered pension plan which includes members of different unions and non-unionized employees  More

Isidore Garon ltée v. Tremblay; Fillion et Frères (1976) inc. v. Syndicat national des employés de garage du Québec inc.

January 27, 2006

Arbitrators' jurisdiction — Extent to which provisions of employment-related legislation are compatible with collective bargaining and incorporated into collective agreement, pursuant to principles in Parry Sound — Jurisdiction of arbitrator to apply termination pay provisions in the Quebec Civil Code for benefit of employees laid off under collective agreement  More

Canada (Human Rights Commission) v. Canadian Airlines International Ltd.

January 26, 2006

Pay Equity for employees in "same establishment" — Definition of "establishment" under s.11(1) of the Canadian Human Rights Act  More

Merk v. International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 771

November 24, 2005

Labour law – Whistleblower legislation – interpretation of "lawful authority" – employee protection  More

Boucher v. Stelco Inc.

November 10, 2005

Interprovincial pension plans — Determination of appropriate province and forum to pursue legal challange — Res judicata, estoppel and forum conveniens  More

Reference re Employment Insurance Act (Can.), ss.22 and 23

October 20, 2005

Constitutional Law — legislation jurisdiction over maternity and parental benefits — validity of pregnancy and parental benefit provision in federal Act  More

Bodner v. Alberta; Provincial Court Judges' Association of New Brunswick v. New Brunswick (Minister of Justice); The Ontario Judges' Assn. v. Ontario (Management Board); Procureur general du Québec c. Conférence des juges du Québec

July 22, 2005

Remuneration of judges — Whether "simple rationality" enough to support government's decision to reject recommendations of salary commission  More

Canada (House of Commons) v. Vaid

May 20, 2005

Labour law — Whether House of Commons shielded by parliamentary privilege from application of Canadian Human Rights Act — Whether Canadian Human Rights Commission has jurisdiction to investigate chauffeur's complaints  More

Vaughan v. Canada

March 18, 2005

Labour law — Weber — jurisdiction of court over matter where grievance is ultimately determined by a management official without access to neutral third party adjudication — public service — early retirement incentive benefits  More

Tsiaprailis v. Canada

February 25, 2005

Income tax — computation of employment income — disability — insurance settlement — whether taxable as income from employment  More

Newfoundland (Treasury Board) v. N.A.P.E.

October 28, 2004

Constitutional law — Charter of Rights — Equality rights — Gender discrimination — Pay equity  More

Hodge v. Canada (Minister of Human Resources Development)

October 28, 2004

Constitutional law — Charter of Rights — Equality rights — Marital status — Canada Pension Plan — Survivor's pension — Definition of "spouse"   More

Monsanto Canada Inc. v. Ontario (Superintendent of Financial Services)

July 29, 2004

Pensions – partial wind-up – entitlement to surplus – administrative law – standard of review – judicial review  More

Industrial Alliance Life Insurance Company v. Gilbert Cabiakman

July 29, 2004

Employment law – Employment contract – Wrongful Dismissal – Suspension of employee following criminal charge – Whether suspension justified – Whether employer obliged to pay salary during suspension – Whether unpaid/suspension amounts to constructive dismissal  More

Commission des droits de la personne et des droits de la jeunesse v. Québec (Attorney General)

June 11, 2004

Labour law — Jurisdiction — Human rights — Age-based discrimination — Whether arbitrator or Human Rights Tribunal has jurisdiction — Application of Weber — “Best fit” approach  More

Pritchard v. Ontario (Human Rights Commission)

May 14, 2004

Human Rights Commission — whether legal opinion provided to Commission is shielded from disclosure to complainant by solicitor-client privilege — administrative law — judicial review  More

Commission des droits de la personne et des droits de la jeunesse on behalf of Jean-Marc Larocque v. City of Montreal

May 14, 2004

Remedies for violation of human rights — damages — discrimination — disability-based discrimination, in breach of Quebec Charter — whether damages available against Crown where law or regulation ruled unconstitutional — declarations — mandatory orders  More

Alberta Union of Provincial Employees v. Lethbridge Community College

April 29, 2004

Labour law — Arbitration — Remedies — Whether statutory authority of arbitrator to substitute penalty applies to both culpable and non-culpable dismissals — Whether and when arbitrators can award damages in lieu of reinstatement  More

Construction & General Workers' Union, Local 92 v. Voice Construction

April 8, 2004

Labour law — Arbitration — Collective agreement — Judicial review — Whether standard of review correctness, reasonableness or patent unreasonableness  More

IATSE, Stage Local 56 v. Société de la Place des Arts de Montréal

January 29, 2004

Labour law strike — strike — whether anti-strikebreaking legislation precludes utilization of non-employees to perform work of striking employees where part of operations discontinued  More

Quebec (Commission des droits de la personne et des droits de la jeunesse) v. Maksteel Québec Inc.

November 14, 2003

Human rights — equality rights — accomodation — Quebec Charter of Human Rights and Freedoms — discrimination based on criminal record — whether dismissal of employee because of absence from work while serving jail term is discriminatory — whether duty to accommodate applies  More

CUPE, Local 79 v. City of Toronto

November 6, 2003

Labour law — evidence at arbitration — criminal conviction — whether union entitled to relitigate issue of employee's criminal conviction at arbitration  More

Ontario v. OPSEU

November 6, 2003

Labour law — evidence at arbitration — dismissal without just cause — whether union entitled to relitigate issue of employee's criminal conviction at arbitration — abuse of process — issue estoppal  More

Nova Scotia (Workers' Compensation Board) v. Martin; Nova Scotia (Workers' Compensation Board) v. Laseur

October 3, 2003

Human rights — whether provisions of Workers' Compensation Act denying regular compensation benefits to chronic pain sufferers violates s.15(1) of Charter — jurisdiction of Workers' Compensation Appeals Tribunal to consider constitutional validity of Workers' Compensation Act  More

E.D.G. v. North Vancouver School District No. 44

October 2, 2003

Education law — liability of School Board for sexual abuse of student by employee — whether School Board has non-delegable or fiduciary duty to ensure safety of children while on school property  More

District of Parry Sound v. Ontario Public Service Employees' Union, Local 324

September 18, 2003

Labour law – collective agreement – human rights – bias – arbitrability of grievance relating to discharge of probationer where discrimination alleged – jurisdiction of arbitrators under Labour Relations Act to enforce human rights and employment-related statutes (Human Rights Code) – whether statutory obligations are incorporated into collective agreement – jurisdiction to enforce Employment Standards Act – whether grievances to be construed liberally  More

Authorson v. Canada (Attorney General)

July 17, 2003

Pensions and benefits — civil rights — veterans' rights — Canadian Bill of Rights — whether Department of Veterans Affairs (DVA) violated fiduciary duty owed to veterans when it mismanaged their pension funds — whether legislation purporting to limit government's liability violates veterans' rights to due process and a fair hearing under Canada's Bill of Rights  More

Bell Canada v. Canadian Telephone Employees Association

June 26, 2003

Administrative law – Canadian Telephone Employees Association – procedural fairness – equality rights – Human Rights – pay equity – independence of Canadian Human Rights Tribunal – whether power of Human Rights Commission to issue binding guidelines creates a reasonable apprehension of bias – whether power of Tribunal Chair to extend members' appointments undermines security of tenure – Human Rights Commission   More

CUPE v. Ontario (Minister of Labour)

May 16, 2003

Labour relations – compulsory arbitration – administrative law – judicial review – appointment of retired judges as interest arbitrators and the effect on the independence and impartiality of the arbitration process  More

Alberta v. Allen

March 20, 2003

Labour law — jurisdiction — dispute arising under letter of intent that was not part of collective agreement – application of Weber — whether arbitrator or court has jurisdiction – severance pay   More

Goudie v. Ottawa (City)

March 20, 2003

Labour law — jurisdiction — right of unionized employees to pursue a claim against their employer in court for breach of a pre-employment contract — application of Weber — whether arbitrator or court has jurisdiction  More

Canada (Information Commissioner) v. Canada (Commissioner of the RCMP)

March 6, 2003

Access to information — privacy of employment information — where protected personal information includes information concerning employment history, scope of exception for information relating to position or functions of individual  More

Chamberlain v. Surrey School District #36

December 20, 2002

Charter – Education – School Act requirement of secular instruction – freedom of religion – legality of censorship by school board of same-sex parenting books on religious grounds – administrative law – judicial review  More

Gosselin v. Quebec (Attorney General)

December 19, 2002

Canadian Charter of Rights — equality rights — right to life, liberty and security of the person — economic and social rights under Quebec Charter — legality of workfare scheme  More

B v. Ontario (Human Rights Commission)

October 31, 2002

Human rights legislation – discrimination on the basis of marital and family status – bias – equality rights – membership in an identifiable group – employee dismissed from employment because of particular identity of spouse and child  More

Tremblay v. Syndicat des employées et employés professionnels les et de bureau, section locale 57

April 26, 2002

Labour law – scope of collective agreement – right of former employees to retroactive wage increase negotiated after resignation – union duty of representation – Charter – equality rights – equivalent work  More

Berry v. Pulley

April 25, 2002

Labour Law – Labour Relations – Trade unions – Action for breach of contract – Obligation between trade union members – Members of union suing other members of union for breach of contract and seeking remedy of damages  More

Lavoie v. Canada

March 8, 2002

Constitutional law – Charter – discrimination – equality rights – preference for citizens in hiring under the Public Service Employment Act  More

Mackin v. New Brunswick (Minister of Finance); Rice v. New Brunswick

February 14, 2002

Constitutional law – Charter – judicial independence – elimination of office of supernumerary judge – damages  More

RWDSU, Local 558 v. Pepsi-Cola Canada Beverages (West) Ltd.

January 24, 2002

Labour law – industrial relations – secondary picketing – what constitutes illegal picketing – Charter – freedom of association  More

Dunmore v. Ontario (Attorney General)

December 20, 2001

Labour law – Charter of Rights and Freedoms - freedom of association – exclusion of agricultural workers from labour relations legislation  More

R. v. Advance Cutting & Coring Ltd.

October 19, 2001

Constitution – labour law – Charter – freedom of association – freedom not to join a union  More

Ivanhoe Inc. v. Travailleurs et travailleuses unis de l'alimentation et du commerce (UFCW), section locale 500

July 13, 2001

Labour law – successor rights – transfer of business  More

Sept-Îles (City) v. Quebec (Labour Court)

July 13, 2001

Labour law – transfer of business – successor rights – definition of undertaking – subcontracting  More

Danyluk v. Ainsworth Technologies Inc.

July 12, 2001

Issue estoppel – claim under employment standards legislation for unpaid commissions denied – effect on entitlement to damages in civil claim for wrongful dismissal  More

McKinley v. BC Tel

June 28, 2001

Wrongful dismissal – just cause – dishonesty – labour law – master and servant - damages  More

Noël v. Société d'énergie de la Baie James

June 28, 2001

Labour law – standing of union member to apply for judicial review of arbitration award - res judicata - union's duty of representation - direct action in nullity to quash arbitral award  More

British Columbia College of Teachers v. Trinity Western University

May 17, 2001

Administrative law – judicial review – Charter – discrimination – religious freedom – Equality of rights on the basis of sexual orientation   More

Ontario English Catholic Teachers' Assn. v. Ontario (Attorney General)

March 8, 2001

Constitutional law – education funding – school boards – whether provincial regulation of local school tax rates violates the constitutional protection of separate and public school boards in Ontario – whether delegation of authority over local school tax rates to Ontario’s Minister of Finance violates the constitutional guarantee of no taxation without representation  More

Ellis-Don Ltd. v. Ontario Labour Relations Board

January 26, 2001

Administrative law — natural justice — institutional consultations — whether rules of natural justice breached when panel of Labour Relations Board changed decision after meeting with full Board  More

Syndicat de l'enseignement du Grand-Portage v. Morency

December 11, 2000

Labour law – judicial review – interpretation of collective agreement – standard of patently unreasonable error  More

Public School Boards’ Assn. of Alberta v. Alberta (Attorney General)

October 6, 2000

Constitutional law — right of separate schools to opt out of centralized funding scheme for primary and secondary education — whether compulsory participation of public schools in scheme is discriminatory — whether Canadian Constitution guarantees school boards reasonable autonomy   More

Blencoe v. British Columbia (Human Rights Commission)

October 5, 2000

Human Rights — Delay in processing complaint under B.C.’s Human Rights Code — effect on right to life, liberty and security of the person under Canadian Charter of Rights and Freedoms  More

Allan Granovsky v. Minister of Employment and Immigration

May 18, 2000

Human Rights – Canada Pension Plan Act – benefits – discrimination against disabled – bias – Charter – equality rights  More

Quebec (Commission des droits de la personne et des droits de la jeunesse) v. Montréal (City); Quebec (Commission des droits de la personne et des droits de la jeunesse) v. Boisbriand (City)

May 3, 2000

Human Rights – interpretation – s.10 of Quebec’s Charter of Human Rights and Freedoms – equality of rights – discrimination – meaning of "handicap" – disability – accomodation  More

Ajax (Town) v. CAW-Canada, Local 222

April 27, 2000

Labour law – successor employer – sale of business – lay off – judicial review  More

Regina Police Assn. Inc. v. Regina (City) Board of Police Commissioners

March 2, 2000

Labour law – police discipline – jurisdiction of arbitrator – application of Weber test  More

Kovach v. British Columbia (Workers’ Compensation Board)

January 24, 2000

Workers’ compensation — effect of legislation on civil actions — torts — jurisdiction  More

Lindsay v. Saskatchewan (Workers’ Compensation Board)

January 24, 2000

Workers’ Compensation — effect of legislation on civil actions — torts — jurisdiction  More

Arsenault-Cameron v. Prince Edward Island

January 13, 2000

Minority language education — schools — Charter s.23 — right to minority language school in own community — equality rights  More

Des Champs v. Conseil des écoles séparées catholiques de langue française de Prescott-Russell

September 17, 1999

Public authorities - limitation of actions - Public Authorities Protection Act - schools  More

Abouchar v. Ottawa-Carleton French-Language School Board

September 17, 1999

Public authorities - limitation of actions - Public Authorities Protection Act  More

Poulin v. Serge Morency et Associés Inc.

September 17, 1999

Public employees retirement plan – bankruptcy – exemption from seizure – RRSP – benefits  More

Wells v. Newfoundland

September 15, 1999

Employment law — public service — senior civil servants — employment contract remedies on job termination  More

Province of British Columbia (Public Service Employee Relations Commission) v. BCGSEU

September 9, 1999

Human rights — adverse effect discrimination — bona fide occupational requirement  More

UFCW, Local 1518 v. KMart Canada Ltd.; Allsco Building Products Ltd. v. UFCW, Local 1288P

September 9, 1999

Labour law — constitutional law — Charter of Rights and Freedoms — picketing — secondary picketing — consumer leafleting   More

Delisle v. Attorney General of Canada

September 2, 1999

Labour law — constitutional law — Charter of Rights and Freedoms — collective bargaining and freedom of association — ss.2(b), (d) and 15 of the Charter — statutory interpretation   More