Danny Kastner of Turnpenney Milne LLP was the Co-Chair of the OBA’s  program: “Practice Makes Perfect: Becoming a Better Labour Advocate”  in March 2014Continue Reading

Catherine was a particpant on a 5 lawyer panel discussing the state of workplace violence and harassment law at the 2013 ADR Institute of Canada’s Annual Conference held in Toronto on October 25, 2013.Continue Reading

On October 24, 2013 Catherine presented to the Human Resources Professionals Association Law Conference. She spoke on the topic of Acccomodation of Employees with Mental Illnesses.Continue Reading

The Ontario Court of Appeal has sent a clear message to employers about their safety obligations, calling a $200,000 fine ‘manifestly unfit’ and increasing the fine to $750,000. The case involved the 2009 death of a supervisor and 3 employees when the swing stage on which they were working, collapsed. Autopsies determined that the employees...Continue Reading

Catherine will be speaking to the Young Lawyer’s Division of the Ontario Bar Association in Toronto on September 23, 2013.Continue Reading

Turnpenney’s own Danny Kastner stars in The Lawyer Show. Congratulations Danny on your fine performance! June 16, 2013 – Review: The Lawyer Show 2013: 12th Night or What You Will (Nightwood) – http://www.mooneyontheatre.com/2013/06/16/review-the-lawyer-show-2013-12th-night-or-what-you-will-nightwood/  Continue Reading

Rachel and Catherine are pleased to announce that Danny Kastner has joined Turnpenney Milne LLP. Danny practiced at one of Canada’s leading litigation firms from 2007 to 2013 and has a diverse litigation background in all workplace related areas and issues. Danny has represented clients at all levels of court in Ontario and has been...Continue Reading

With summer (supposedly) around the corner, there is no time like the present for a refresher on the law surrounding internships, paid and unpaid.  Large and small companies turn to internships, often filled by students, to both meet human resource needs and provide work experience and opportunities for those filling the roles.  What are the...Continue Reading

A recent decision of the Divisional Court – Professional Institute of the Public Service of Canada v. Communications, Energy and Paperworkers’ Union of Canada, Local 3011, 2013 ONSC 2725 (CanLII) – has added to the jurisprudence applying the Bill 168 amendments to Ontario’s Occupational Health and Safety Act. The case takes a strong stand against...Continue Reading

On May 15, 2013 Catherine Milne is presenting an update on Human Rights Tribunal damage awards for Osgoode Hall’s CLE programme “What’s New in Employment Law 2013” in Toronto.Continue Reading

The Ontario Superior Court recently released a case that could have a significant impact on employers and employees alike when it comes to temporary layoffs.  Trites v. Renin, 2013 ONSC 2715, was released in early May, 2013, and articulates a somewhat new take on an employer’s rights to impose a temporary layoff without an express...Continue Reading

On April 1, 2013, the federal government announced that the new Social Security Tribunal (SST) is now operational. The SST is an independent administrative tribunal that will provide independent appeal processes for Employment Insurance (EI), Canada Pension Plan (CPP), and Old Age Security (OAS) decisions. Going forward, all EI, CPP and OAS appeals must be submitted to...Continue Reading

In Branco v American Home Assurance Company, 2013 SKQB 98 (CanLII) a Saskatchewan court awarded $4.95 million (including $4.5 million in punitive damages) to an injured worker. Justice Acton found that the record-breaking punitive damages award was justified due to the “reprehensible” and “abhorrent” conduct of the insurers (AIG and Zurich). Background The plaintiff, Branco,...Continue Reading

Catherine’s article on workplace harassment was published in the May/June 2013 HR Professional magazine.  To read about some recent decisions in which courts and tribunals have considered what is (and is not) harassing workplace behaviour, click here: http://www.nxtbook.com/naylor/HRPH/HRPH0413/index.php#/14Continue Reading

The Human Rights Tribunal of Ontario has ordered an employer to reinstate a 16-year employee who was terminated over 9 years ago from her role as Supervisor. In it’s decision on liability, the HRTO found that the employer had discriminated against the employee because of disability by failing to accomodate her disability related needs when...Continue Reading

On March 5th, 2013, the Ontario government announced that it will be seeking to pass legislation that would create three new job-protected leaves. If passed, the proposed Employment Standards Amendment Act (Leaves to Help Families), 2013 will create: • Family Caregiver Leave: up to 8 weeks of unpaid, job-protected leave for employees to provide care...Continue Reading

A recent decision of the Ontario Superior Court of Justice, demonstrates how the interpretation of a single word in an employment agreement can impact the applicability of the agreement and the liability of the employer involved. It is therefore important for employers to ensure that their employment agreements are properly drafted and correctly reflect the...Continue Reading

Blue Mountain Resorts Limited v. Ontario (Labour), 2013 ONCA 75 (CanLII), released February 7, 2013, has clarified the critical injury/death reporting requirements under section 51(1) of the Occupational Health and Safety Act (OSHA). Pursuant to section 51(1) “where a person is killed or critically injured from any cause at a workplace”, an employer must notify...Continue Reading

On February 7, 2013, Rachel Turnpenney presented at the OBA Institute – Constitutional, Civil Liberties and Human Rights Law – Back to Basics: Litigating Human Rights Applications. Rachel was a panelist on the topic of Effective Mediation.Continue Reading

The Federal Court of Appeal recently confirmed a Canadian Human Rights Tribunal decision of 2010 regarding an employer’s obligation to accommodate based on family status in Attorney General of Canada v. Fiona Ann Johnstone and Canadian Human Rights Commission, 2013 FC 113. Fiona Johnstone, a Canada Border Services Agency (“CBSA”) Officer and mother of two,...Continue Reading

On January 30, 2013, Rachel Turnpenney spoke at the Law Society’s Conference -“Disability Benefits in Employment and After Disability”. Rachel spoke on the topic of frustration of contract in cases of disability.Continue Reading

Plester v. PolyOne Canada Inc., 2013 ONCA 47 (CanLII), released January 28, 2013, demonstrates that even in circumstances of serious misconduct, summary dismissal of an employee may not be warranted. The Court of Appeal decision affirms, in part, Justice Wein’s decision in Plester v. Polyone Canada Inc., 2011 ONSC 6068 (CanLII). By way of background,...Continue Reading

An Alberta Court of Appeal decision has confirmed the obligations of fiduciary employees who leave their former employer and solicit their clients – even indirectly – away. Richard Evans, a sport agent who worked for 6 years with The Sports Corporation (“TSC”) signed a non-solicitation agreement which was ultimately determined to be unenforceable by the...Continue Reading

In most settlements arising out of a claim for wrongful dismissal or an application at the Human Rights Tribunal of Ontario (“HRTO”), there will typically be an expectation that both sides will keep a settlement confidential. This expectation should be clearly outlined in language that is included in settlement documentation (i.e. Minutes of Settlement). There...Continue Reading

On December 14, 2012, Rachel Turnpenney facilitated and acted as a workshop leader for Lancaster House Publishing. The full day Program was called “Harassment Investigations: The nuts and bolts of an error-free process”.Continue Reading

On November 1, 2012, Rachel Turnpenney spoke at the OBA Conference entitled “Starting Your Own Law Practice”. Rachel’s topic was Survival Tips for sole/small firms.Continue Reading

In 2008, the government introduced sweeping changes to the manner in which human rights issues are handled in Ontario. Four years later, it called for an independent review of the system to gauge how effective those changes have been. Andrew Pinto’s much anticipated report on the Ontario human rights system was released today – November...Continue Reading

On October 10th, 2012 a Windsor jury awarded a former assistant manager of Walmart $1.46 million in damages, an amount exceeding her claim in the constructive dismissal action. The Plaintiff argued that she had been subject to abuse, sexual harassment, discrimination and intentional infliction of mental suffering on the part of her supervisor, a manager...Continue Reading