Our top five developments so far this year are:

1. Introduction of the British Columbia Pay Transparency Act

The British Columbia (BC) Pay Transparency Act imposes several limitations on employers with respect to pay transparency. In particular, the Pay Transparency Act imposes obligations in the following areas:

• Pay history;
• Job postings;
• Pay secrecy; and
• Pay transparency reporting.

Action point for employers - Although there is currently no enforcement mechanism under the BC Pay Transparency Act, employers should anticipate that non-compliance will be enforced through the BC Human Rights Code. Therefore, employers should take steps to ensure that they comply with the requirements set out in the BC Pay Transparency Act and any best practices that are related to these requirements, as we anticipate that this area will be subject to increased scrutiny in the coming years.

2. Alberta Court recognizes the independent tort of harassment

In Alberta Health Services v. Johnston, 2023 ABKB 209, the Alberta Court of King’s Bench recognized the independent tort of harassment for the first time.
The Court defined the tort of harassment as follows:

• The defendant has engaged in repeated communications, threats, insults, stalking or other harassing behaviours in person or through other means;
• That they knew or ought to have known was unwelcome;
• Which impugn the dignity of the plaintiff, would cause a reasonable person to fear for their safety or the safety of their loved ones, or...

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