Home|Webinars|Torts Illustrated

Torts Illustrated: A primer on torts arising in the workplace context and the latest developments

Thursday, July 22, 2021, 12:30 pm - 2:00 pm EDT



Register Now

Moderators


Madeleine Loewenberg

Employer Counsel
Loewenberg Psarris Workplace Law LLP
Crystal Norbeck

Union Counsel
Gerrand Rath Johnson LLP

Issues

Labour relations professionals may be unfamiliar with torts — legal wrongs separate and apart from breaches of contract that lead to liability. However, with the recent recognition by Canadian courts of new privacy-related and other torts that affect the workplace, it is incumbent upon unions and employers to learn about the role of these new torts in protecting against workplace misconduct. In this webinar, experienced counsel will review recent developments in tort law that are relevant to the labour and employment contexts. Their discussion will bear upon the following questions:

  • What are the elements of the torts most commonly alleged by workplace parties (e.g. negligence, defamation, intentional infliction of mental suffering)? Have there been any new developments in the law around these torts?
  • What are the elements of the new privacy-related and other torts developed in Canada recently (e.g. intrusion upon seclusion, Internet harassment, placing a person in a false light, public disclosure of embarrassing private facts)? Are these torts likely to gain traction?
  • What torts arise most often in the employment context? What rights are they intended to protect? Does the answer differ between the unionized and non-unionized contexts?
  • What role do torts play in employment-related litigation? How does that role differ depending on whether the workplace is unionized or non-unionized?
  • What authority do arbitrators have to deal with torts? From a policy standpoint, what are the pros and cons of arbitrators having jurisdiction over any tort claim with a nexus to the workplace?
  • Are arbitrators willing to award monetary damages for breaches of privacy and other rights that torts are intended to protect? If so, in what circumstances and in what monetary range? How do the damages awarded by arbitrators compare to those awarded by the courts?
  • In unionized workplaces, is it generally more fruitful to claim damages for breach of a collective agreement provision than for a tort? What about in the non-unionized context?
  • In what circumstances are employers liable for a tort committed by an employee in the course of employment?
  • What are the strategic considerations for a union whose member wants it to advance a defamation claim against an employer? Conversely, what are the strategic considerations for employers or individuals in management making a defamation claim against an employee or former employee?

Accreditation


HRPA Continuing Professional Development

This program has been approved for 1.5 Continuing Professional Development (CPD) hours under Section A3 of the Recertification Log of the Human Resources Professionals Association.


Lancaster House CPD
  • Members of the Law Society of Ontario may count this program for 1.5 Substantive Hours; 0 Professionalism Hours.
  • Members of the Nova Scotia Barristers' Society may count this program for 1.5 Continuing Professional Development Hours.
  • This program has been approved by the Law Society of British Columbia may count this program for 1.5 Continuing Professional Development Hours.
  • This program has been approved by the Law Society of Saskatchewan for 1.5 Continuing Professional Development Hours.
  • This program has been approved by the CPHR Alberta for 1.5 Continuing Professional Development Hours.
  • This program has been approved by CPHR BC and YK for 1.5 Continuing Professional Development Hours.

Additional CPD information coming soon.

Additional Information

MATERIALS
Valuable, up-to-date materials and case summaries will be available for downloading from our website. Each webinar is accompanied by a PDF of concise summaries of the cases discussed.

REGISTRATION FEE
Live webinar, video, and MP3 bundle – $430
Live webinar – $265
Video and MP3 – $265
(Registrations must be paid in advance of the webinar)
Please contact us by email, or by phone at (416) 977-6618, for discount pricing for additional participants and group orders.

AUDIO FILES
Webinar video and MP3 files are available for $265. Those who have purchased the live webinar may purchase the corresponding downloadable video and MP3 file for the discounted price of $165.

The video recording, MP3 file, and materials are available for download and viewing one business day after the live webinar. After purchasing, you will receive an e-mail with instructions on how to access and download the video recording, MP3 file, and materials by visiting My Account and selecting Order History. For purchases for upcoming webinars, once the video recording and MP3 file and materials are available, registrants will receive an update e-mail informing them that the links are now ready.

REGISTRATION INFORMATION
When you register for the live webinar, you will be automatically registered for the Zoom session. One to two days before the live webinar, you will receive an e-mail containing the Zoom link to access the session. For additional program and registration information, please call Lancaster House at (416) 977-6618.

Register Now