Miscellaneous - Filion Wakely Thorup Angeletti LLP

Filion Wakely Thorup Angeletti LLP

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Miscellaneous

Privacy of Employees' Health Information

Bill 14: Its Application to Human Resource Professionals
Bill 14, Access to Justice Act

Disclosure of Employee's Medical Information May Not Violate Privacy Legislation

General Counsel Beware!
An inadvertent disclosure could come back to haunt you!

PIPEDA Update: Ontario court rules that video surveillance evidence can be marshaled to defend against claims without contravening PIPEDA privacy laws<
Ferenczy v. MCI Medical Clinics et al. (2004), 70 O.R. (3d) 277 (Sup. Ct.)

Saskatchewan Court of the Queen's Bench questions constitutionality of Section 9 of the Trade Union Act; Upholds Wal-Mart's freedom of expression
Wal-Mart Canada Corp. v. United Food and Commercial Workers, Local 1400, [2004] SKQB No. 1042 (Sask. Q.B.)

The Supreme Court denies leave in the Royal Crest Lifecare Group Inc. case: Collective agreements remain in "suspended animation" upon the appointment of a Trustee in Bankruptcy
Canadian Union of Public Employees, Locals 1712, 3009, 2225-05, 2225-06 and 2225-12 v. Royal Crest Lifecare Group Inc. (Trustee of), [2004] O.J. No. 174 (Ont. C.A.)

Court rules on employee right to privacy

Are your employees entitled to time off to vote on election day?

The British Columbia Court of Appeal has the final word on the constitutionality of that province's School Act which permits school boards to require employees, on pain of dismissal, to undergo a medical examination
B.C. Teacher's Federation v. School District No. 39, 2003 BCCA 100; SCC denied leave to appeal on November 17, 2003

The Ontario Court of Appeal has the final word on prohibition of side deals between employers and employees under a collective bargaining regime
The Board of Governors of Loyalist College of Applied Arts and Technology v. Ontario Public Service Employees Union (2003), 63 O.R. (3d) 641 (C.A.); SCC denied leave to appeal on November 17, 2003

Ontario Superior Court Of Justice Declares Mandatory Closure Of Stores To Be Valid
R. v. Hy Zel's Inc., unreported dated November 30, 2000

The Supreme Court of Canada Rules that the Exclusion of the Agricultural Workers from the Ontario Labour Relations Act Violates the Charter
Dunmore v. Ontario (Attorney General), 2001 S.C.C. 94

Supreme Court of Canada Rules that Secondary Picketing is Generally Lawful
R.W.D.S.U., Local 558 v. Pepsi-Cola Canada Beverages (West) Ltd. 2002 SCC 8

WSIB Finalizes Policy on Traumatic Mental Stress

The Ontario Ministry of Labour publishes a workplace "decertification poster" to inform unionized employees about their rights concerning the continued union representation.

Decertification Poster - The Ontario Ministry of Labour Publishes a Workplace "Decertification Poster" to Inform Unionized Employees About Their Rights Concerning Continued Union Representation

Court of Appeal Clarifies the Issue of Privilege
General Accident Assurance Co. v. Chrusz
(1999), 45 O.R. (3rd) 321 (Ont. C.A.)

Court of Appeal Upholds Dismissal of Contract Action by Union Members Against Former Union Members, but Allows Union Members to Proceed with Tort Claims
Berry v. Pulley
(2000), 48 O.R. (3rd) 169 (Ont. C.A.)

Unions May Not Seek Charter Remedies on Behalf of Members, British Columbia Supreme Court Rules
Christian Labour Assn. of Canada v. British Columbia (Transport Financing Authority)

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