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(b) shall impose any condition in a contract of employment or propose theimposition of any condition in a contract of employment that seeks to restrainan employee or a person seeking employment from becoming a member of anemployees’ association or exercising any other right under this Act; or(c) shall seek by threat of dismissal, or by any other kind of threat, or by theimposition of a pecuniary or other penalty, or by any other means to compelan employee to become or refrain from becoming or to continue to be or tocease to be a member or officer or representative of an employees’ associationor to cease to exercise any other right under this Act.10. No person, employees’ association, employers’ organization or other entityshall seek by intimidation or coercion to compel any person to become or refrain frombecoming or to continue to be or to cease to be a member of an employees’association or of an employers’ organization or to refrain from exercising any rightunder this Act or from performing any obligations under this Act.2011 SCC 20 (CanLII)18. The Labour Relations Act, 1995 does not apply to employees or employers inagriculture.…Appeal allowed and action dismissed, ABELLA J. dissenting.Solicitor for the appellant: Attorney General of Ontario, Toronto.Cornish, Toronto.Solicitors for the respondents: Cavalluzzo Hayes Shilton McIntyre &Solicitor for the intervener the Attorney General of Canada: AttorneyGeneral of Canada, Ottawa.
Solicitor for the intervener the Attorney General of Quebec: AttorneyGeneral of Quebec, Québec.Solicitor for the intervener the Attorney General of NewBrunswick: Attorney General of New Brunswick, Fredericton.Solicitor for the intervener the Attorney General of British2011 SCC 20 (CanLII)Columbia: Attorney General of British Columbia, Vancouver.Solicitor for the intervener the Attorney General of Alberta: AttorneyGeneral of Alberta, Edmonton.Solicitors for the intervener the Ontario Federation ofAgriculture: Heenan Blaikie, Toronto.Solicitors for the intervener the Federally Regulated Employers —Transportation and Communications: Heenan Blaikie, Montréal.Blaikie, Montréal.Solicitors for the intervener Conseil du patronat du Québec Inc.: HeenanSolicitors for the intervener the Mounted Police Members’ LegalFund: Heenan Blaikie, Toronto.
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CITATION: Brito v. Canac Kitchens,
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Page: 3a) What, if any, period of n
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Page: 5[18] Having regard for Canac
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CITATION: Chandran v. National Bank
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Page: 3against him by the employees
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Page: 5the employees who raised the
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Page: 7had no obligation under the
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Page: 9[37] Mr. Chandran’s last j
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Page: 11large number of unsolicited
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Page: 13disciplinary letter against
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Page: 15evidence of acrimony betwee
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Page: 17Toronto office. He admitted
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Page: 19increase in the quantum of
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Page: 21Weissach Motors and MCL Mot
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Page: 23“There can be no catalogu
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Page: 25[123] On the basis of the a
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QUEEN’S BENCH FOR SASKATCHEWANDat
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- 3 -meet his financial obligations
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- 5 -[11] On June 28, 2002, without
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- 7 -and a capital gain of $23,874.
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- 9 -may have delayed commencement
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- 11 -had purchased late in 2001 an
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- 13 -[34] Stated in another way, w
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- 15 -supervised by the plaintiff.
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- 17 -purchasing agent for a compan
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- 19 -sales, conducting retail sale
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- 21 -employment with Bennett Dunlo
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- 23 -[54] The issue was taken up b
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- 25 -59 ... Damages attributable t
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- 27 -not have any information rega
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- 29 -[66] Both Mr. Coppola and Mr.
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- 31 -expense accounts which contai
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- 33 -by the plaintiffs in the abov
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- 35 -Pre-judgment interest[76] Mr.
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- 37 -the six month notice period.
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SummaryFollowing concerns raised by
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2REASONS FOR DECISIONIntroduction[1
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4agreed statement) and also by test
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6e. that it was not his responsibil
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8Department of Labour. The firm adv
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10that “the buck stopped with me
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12without any knowledge of this and
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14[41] Various other cases, cited i
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16[49] There is nothing wrong with
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182 The foundation of this Act is t
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20(b) the co-operative auditing of
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- 2 -The Honourable Justice Turnbul
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- 2 -concluded that, while the mill
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- 4 -[6] The union’s position is
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- 6 -it must be reasonable; (3) it
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- 8 -the majority relied in part on
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- 10 -Taken with the low testing ra
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- 12 -should depart from those prec
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- 14 -IV.Issues - AnalysisA. Introd
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- 16 -distinguished any analogy bet
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- 18 -industry. The lead case appea
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- 20 -rather than a reactive, appro
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- 22 -employers of the burden of de
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- 24 -Canada, Local 0004, supra. Al
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- 26 -C. Summary Observations on th
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- 28 -hazardous materials to variou
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IN THE COURT OF QUEEN’S BENCH OF
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2assistance and remain employed. Ki
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4a) there is a strong prima facie c
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6discrimination. The letter also st
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8applicable guidelines. He was give
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10Correct Legal Test[15] Killam’s
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12position. However, because of the
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Page: 2FACTS[2] The respondent is a
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Page: 4REASONS OF THE APPLICATION J
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Page: 6trade, certain of such coven
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Page: 8[17] It is convenient to rep
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Page: 10duties for the Company or w
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Page: 12[30] Effectively, because t
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SUPREME COURT OF NOVA SCOTIACitatio
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Page: 341. In every proceeding comm
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Page: 5[8] There is ample case auth
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Page: 7some amount be awarded for p
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NOTE: This document is subject to e
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2011 SCC 20File No.: 32968.2009: De
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allowed the appeal and declared the
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established. There is no concrete e
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Section 5 of the AEPA, correctly in
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pursue, rather than protecting the
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expression under s. 2(b), so too sh
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Nor did invoking Charter values in
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Per Deschamps J.: The holding in He
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from the legislation was unequivoca
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KMart Canada Ltd., [1999] 2 S.C.R.
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By Abella J. (dissenting)Health Ser
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Adams, Roy J. “Prospects for Labo
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International Labour Organisation.
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Gaétan Migneault and Michelle Brun
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TABLE OF CONTENTSParagraphReasons o
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(b) Qualitative Differences Between
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yThe judgment of McLachlin C.J. and
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majority of this Court found a brea
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[10] The UFCW also attempted to bar
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[14] With respect to the particular
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employees from a collective bargain
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and to realize common purposes” (
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(b) Dunmore[26] This Court’s deci
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support discredited the organizing
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[34] Dunmore established that claim
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[38] The decision in Health Service
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[42] The Court in Health Services e
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impugned law or state action has th
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[51] In our view, the majority deci
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Indeed, the fact that Health Servic
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[64] Consistent with this framework
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must not depart from the context of
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ealize common purposes (emphasis ad
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LeBel J., written on behalf of a mi
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(ix) The Argument on Academic Criti
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given a generous and purposive inte
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trade unions should negotiate in go
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[101] Sections 5(6) and (7) are cri
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[107] These considerations lead us
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protections would be inappropriate
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3. Does s. 3(b.1) of the Labour Rel
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of s. 2(d) employers “must engage
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per Dickson C.J. in dissent; R. v.
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3. A prior decision that creates un
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[137] Professor Debra Parkes has su
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[140] In the case of Health Service
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[145] Third, the constitutionalizat
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“recognized that under most Canad
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constitutionalize collective bargai
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[159] In addition, the Court was ag
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or effect of a measure when determi
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. . . the state must not substantia
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[173] First, the collective bargain
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ight to bargain because employers a
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incapable of being performed by an
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(2) Section 2(d) Protects Freedoms
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[193] The Chief Justice and LeBel J
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as described in Health Services, it
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[204] Health Services rejected the
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associations must receive identical
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Health Services would in fact be co
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[217] In response to this argument,
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The question at stake in this appea
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constitutional law the particular f
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can, then we must seriously questio
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[235] The labour history offered in
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[241] It is true that there is a lo
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understanding of freedom of associa
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The voluntary nature of collective
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Page 301 and 302: takes time before the unworkability
Page 303 and 304: argain in good faith change these m
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Page 307 and 308: obligations, and Charter values —
Page 309 and 310: [279] Nonetheless, the Chief Justic
Page 311 and 312: [283] It is true, as my colleagues
Page 313 and 314: They base their view on a statement
Page 315 and 316: . . . the freedom to work for the e
Page 317 and 318: case at bar (2008 ONCA 760, 92 O.R.
Page 319 and 320: [302] As the majority in the instan
Page 321 and 322: [305] All that was required by the
Page 323 and 324: ound” by s. 2(d) seems to have be
Page 325 and 326: to Bargain Collectively: The Implic
Page 327 and 328: cases in which the vulnerability of
Page 329 and 330: [323] The AEPA was enacted in 2002
Page 331 and 332: 10-1920; Donald D. Carter et al., L
Page 333 and 334: Agriculture and Food, the Honourabl
Page 335 and 336: activities of the “employees’ a
Page 337 and 338: [346] The reason for the protection
Page 339 and 340: [351] I acknowledge that different
Page 341 and 342: May 813, does “not differ in any
Page 343 and 344: argaining, including exclusivity, b
Page 345 and 346: accordance with a bargaining regime
Page 347: 5. (1) The employer shall give an e
Page 351 and 352: CLIENT UPDATELABOUR & EMPLOYMENT LA
Page 369 and 370: SUPREME COURT OF NOVA SCOTIACitatio
Page 371 and 372: Page: 3failure to observe, perform
Page 373 and 374: Page: 5offences under the Immigrati
Page 375 and 376: Page: 7(5) Interest was payable on
Page 377 and 378: Page: 910.08 Should there be a disa
Page 379 and 380: Page: 11that the arbitration in que
Page 381 and 382: Page: 13[31] In Knox v. Conservativ
Page 383 and 384: Page: 15The Applicants should not b
Page 385 and 386: the court refuses to review the arb
Page 387 and 388: Page: 19(d) the composition of the
Page 389 and 390: Page: 21[49] The Applicant states t
Page 391 and 392: Page: 23[55] In addition, the Respo
Page 393 and 394: Page: 2577.06 (1) Party and party c
Page 395 and 396: :" .. "Schedule AIN THE MATTER OF A
Page 397 and 398: ., ....3OVERVIEWTheClaimant, Ms. Co
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....5The Companybegan business. Inc
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7Subsequently the Jennifer Allan bu
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9She was then given a letter dated
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· ,111. Ms. Cormier knowingly cont
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13Mr. Nordqvist testified that Ms.
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15Ms. Cormier decided to set up suc
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"17ofthat because of difficulties M
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,.19Ms. Carter was invited to a mee
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. .,'21I am also satisfied that the
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23call from Ms. Cormier that Revenu
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,. ."25There is also evidence that
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· . ,27Ms. Gallant did no scheduli
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. \. .. ~..29Ms. Cormier testified
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. '...31the files relating to some
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. ",.'933Ms. Cormier testified that
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...35environment including any lack
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.'37In the year 2000, there was ano
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..39identified anything that she wa
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" .' .,.\1.·....l -,1'.• ,~.,.".
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