Labour & Employment

  • May 19, 2026

    Federal Court quashes ‘stream of consciousness’ CERB decision

    The Federal Court has set aside a Canada Revenue Agency (CRA) finding that an individual was ineligible for benefits under the Canada Emergency Response Benefit Act, ruling that the decision-maker’s reasons were “hardly” intelligible.

  • May 19, 2026

    Carney announces members of Independent Advisory Board to help select next SCC judge

    On May 19, Prime Minister Mark Carney announced the chair and members of the Independent Advisory Board for the Supreme Court of Canada Judicial Appointments.

  • May 19, 2026

    Nova Scotia’s top court releases 2025 annual report

    The release of the Nova Scotia Court of Appeal’s latest annual report sets the stage for an increase in webcasts and a push to educate people on the importance of judicial independence, says the province’s top judge.

  • May 19, 2026

    Court allows judicial review in farm worker’s PR application

    The Federal Court has allowed a judicial review application in a case where a foreign worker’s permanent residence application was rejected, despite his Canadian work experience potentially falling within an eligible category.

  • May 19, 2026

    Building the perfect divorce bonfire

    In my handy Wilderness Survival Guide, there is a step-by-step guide to building the perfect bonfire. I was reminded of it as I read last week’s Supreme Court of Canada decision in Ahluwalia v. Ahluwalia, 2026 SCC 16, which has created a new tort — the tort of family violence for coercive and controlling behaviour.

  • May 19, 2026

    You don’t get to double-dip: Ontario Court of Appeal clarifies mitigation

    For employment lawyers, failure to mitigate is almost always pleaded by employers, yet rarely succeeds. It remains a frustrating part of wrongful dismissal litigation. Employees are often upset to learn that if they find new work, their income will usually be deducted from what their former employer owes them. Employers, meanwhile, are dismayed by the heavy evidentiary burden they face when alleging failure to mitigate.

  • May 15, 2026

    Professional collaboration: Sleeping with dogs

    “Qui cum canibus concumbunt cum pulicibus sargent,” thus (perhaps) said Seneca: “If you lie down with dogs, you’ll arise with fleas.”

  • May 14, 2026

    Andréanne Foisy-Chrispin joins Langlois

    Langlois has added Andréanne Foisy-Chrispin as a lawyer in its labour and employment group.

  • May 14, 2026

    Unionized, but not united: Employees who seek third-party standing in arbitrations

    Third parties almost never get a seat at the arbitration table, but every so often an employee insists on weighing in against their own union — and is sometimes granted standing to speak or be represented, usually with respect to interests that may be against their union. However, the right to speak may (or may not) come with an obligation to pay arbitration costs.

  • May 13, 2026

    Federal Court orders third CRA review of teacher’s CERB eligibility

    In a case that has now twice been overturned, the Federal Court has remitted the matter of an individual’s eligibility for the Canada Emergency Response Benefit (CERB) back to the Canada Revenue Agency (CRA) for a third review.

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