Labour & Employment
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June 17, 2025
Unconscionability, contractual oddities in gig-worker arbitration agreements in Davis v. Amazon
The Ontario Court of Appeal’s decision, and before it that of the Superior Court of Justice, in Davis v. Amazon Canada Fulfillment Services, ULC, 2025 ONCA 421, addresses complex issues surrounding the enforceability of arbitration agreements within the context of gig-economy employment contracts.
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June 17, 2025
The importance of a well-drafted confidentiality clause, and the dangers of AI
A recent US$3.1-million award by a Florida jury in favour of Pliteq, Inc. (Pliteq, Inc. v. Mostafa, 2025 U.S. Dist. LEXIS 60316), a Canadian international engineering services and manufacturing enterprise, against a high-ranking Dubai-based employee who stole trade secrets demonstrates that — despite cross-border tensions — Donald Trump’s America may still be a favourable place for Canadian businesses to seek and obtain justice.
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June 16, 2025
Horror of provincial jails in Canada
Much to my surprise, on my first day in a provincial jail after my arrest, the two prisoners with whom I shared a cell (I slept on the floor with my head by the toilet) both told me that the conditions in this jail were much worse than in the federal prisons where they had served time.
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June 13, 2025
Competition Bureau monitoring Loblaw’s elimination of property controls
With Loblaw’s recent commitment towards ending its property controls, the Competition Bureau has announced that it will be monitoring the company’s activities on the matter.
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June 13, 2025
CBSA to probe whether imported Chinese thermal paper rolls are being dumped or subsidized
The Canadian Border Services Agency (CBSA) has announced that it is investigating whether thermal paper rolls originating in or exported from China and imported into Canada are being subsidized or dumped.
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June 13, 2025
New Ontario employment legislation to combat immigration fraud
On May 28, 2025, the Ontario government introduced Bill 30, the Working for Workers Seven Act, 2025, in part to address growing concerns about immigration fraud, worker exploitation, and labour shortages. This bold initiative aims to modernise the Ontario Immigrant Nominee Program (OINP), enhance workplace protections, and align immigration intake with real-time labour market demands.
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June 12, 2025
Federal Court: CHRC complaint dismissal based on settlement offer unreasonable
The Federal Court has set aside the dismissal of a human rights complaint, noting that the decision of the Canadian Human Rights Commission (CHRC) not to proceed with the complaint in light of a settlement offer was inadequately explained and therefore unreasonable.
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June 12, 2025
Proposed Strong Borders Act must be improved
Bill C-2, the Strong Borders Act, introduced by Canada’s Minister of Public Safety Gary Anandasangaree on June 3, 2025, proposes significant reforms to multiple pieces of legislation focused on security, immigration and combating the fentanyl crisis.
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June 11, 2025
Ontario Court of Appeal upholds lower court decision denying Amazon drivers’ $250M class action
In a victory for Amazon Canada, the Ontario Court of Appeal has upheld a lower court decision rejecting a proposed $250-million class-action lawsuit against the online retailing giant by 73,000 delivery drivers over alleged breach of employment contracts.
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June 11, 2025
Employer has duty to investigate both incidents and complaints of harassment: Ontario Appeal Court
Ontario’s highest court has ruled that an arbitrator was wrong to reinstate five Metrolinx employees accused of sexual harassment, saying the company was statutorily obligated to investigate the situation even in the absence of a formal complaint.