In 2023, Canada saw significant statutory and case law developments in labour and employment law. This Insight provides an overview of notable 2023 developments, with links to more detailed articles and commentary.
- Ontario, Canada Court Addresses Statutory Tort of Human Trafficking in Labour Context
In Osmani v. Universal Structural Restorations Ltd., 2022 ONSC 6979, an Ontario court was the first to consider a claim for damages for the statutory tort of human trafficking under the Prevention of and Remedies for Human Trafficking Act (PRHTA). Although this tort is often thought of in the context of sex trafficking, its application can also be considered in the labour context as it was in Osmani. While in this case the court dismissed the employee’s claim, the case opened the door for future claims. A more detailed article is available here.
- Alberta, Canada Court of Appeal Decides CERB Payments Should Not Be Deducted from Damages for Wrongful Dismissal
In Oostlander v. Cervus Equipment Corporation, 2023 ABCA 13, the employee cross-appealed the Court of Queen’s Bench of Alberta’s decision to deduct his Canadian Emergency Response Benefit (CERB) payments from his wrongful dismissal damage award. The Alberta Court of Appeal held that the CERB payments should not have been deducted. A more detailed article is available here.
- Ontario, Canada Court Finds Employment Contract Frustrated by Employee’s Refusal to Become Vaccinated Against COVID-19
In Croke v. VuPoint Systems...
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