Baker McKenzie (LexBlog Canada)

190 results for Baker McKenzie (LexBlog Canada)

  • Focus on Trade Secrets (Video Chat Series)

    Baker McKenzie’s North America Trade Secrets Practice is a true cross-disciplinary team of industry ranked and recognized intellectual property, employment, tech transaction, litigation and trial attorneys exclusively dedicated to helping clients identify, protect, prosecute and defend their most valuable, complex and market-differentiating trade secrets throughout the US, Canada, Mexico and...

  • Shore Up 2024 Planning By Tuning Into Canadian Employer Update (Webinar Recording)

    In this 75-minute “quick hits” style session, our team provided practical advice to Canadian in-house counsel and human resources leaders and addressed what to keep top-of-mind for 2024. Among other topics, we discussed: PLEASE CLICK HERE FOR A RECORDING OF THE WEBINAR. Apply our 2024 Canadian Employer Checklist to set priorities for the year ahead, and...

  • Reminder for Federal Employers: Changes to Termination Notice Period in Effect NOW

    Special thanks to our articling student Ravneet Minhas for contributing to this update. Federal employers should be aware of recent amendments to the Canada Labour Code, which increased the minimum termination notice period for federally regulated private sector employees.[1] The changes came into force February 1, 2024 and provide employees who have completed at least...

  • What Canadian Employers Need To Know About Tax Disclosure Rules in 2024 (Video Chat)

    Special thanks to presenters Andrew Boyd, Andrew Morreale and Haran Viswanathan. Tune in to our latest quick chat where we outline what employers need to know about Canada’s augmented mandatory reporting rules for tax in certain transactions. This is tailored for tax professionals, lawyers, compliance officers, General Counsel, and Canadian business leaders involved in drafting...

  • Stay-or-Pay Clauses in Canada?

    “Stay-or-pay” clauses, a growing practice in the US, involve penalizing employees who break the tenure of their employment contract. Check out this recent article from Human Resources Director, “Stay-or-pay clauses in Canada? Experts weigh in on the U.S. trend of charging employees who quit” with insight from our own Andrew Shaw. Click here to view...

  • Update: New Guidance Details Requirements Under the British Columbia Pay Transparency Act

    Special thanks to our articling student Ravneet Minhas for contributing to this update. In a previous post, we discussed the legislative trend for greater pay transparency across Canada, including in British Columbia with the recent adoption of the Pay Transparency Act. The British Columbia government has since released guidance on the application of the Act....

  • Best Practices for Employers Amidst Signs of a Labor Union Resurgence in Canada

    Special thanks to co-authors Andrew Shaw, Dave Bushuev and our articling student Ravneet Minhas for sharing this update from Canada. In the United States, there have been many union-friendly changes at the NLRB and a number of high profile strikes making headlines in 2023. Our neighbors to the north are also experiencing an uptick in...

  • Join us in Toronto October 11 for our Generative AI – Harnessing the Power and Mitigating Risk Breakfast Symposium

    Special thanks to our Baker McKenzie speakers Jim Holloway, Theo Ling and Usman Sheikh, and Industry Leaders Mark Crestohl, Senior Counsel, Accenture, Diana Drappel, Assistant General Counsel, Royal Bank of Canada, Levin Karg, Manager, Ontario Securities Commission, and Raees Nakhuda, Senior Counsel, Thomson Reuters. Baker McKenzie is pleased to invite you to a breakfast symposium exploring the...

  • “Culture of Acquiescence” Excuses Untimely Grievance

    We are pleased to share a recent Benefits Canada article, “Newfoundland and Labrador arbitrator rules pension grievance can proceed despite late filing, citing ‘culture of acquiescence’,” with quotes from Ajanthana Anandarajah. In this case, an arbitrator ruled that a pension grievance filed seven years beyond a collective agreement’s time limit could proceed because of the employer’s “culture...

  • Join us in Toronto October 11 for our Generative AI – Harnessing the Power and Mitigating Risk Breakfast Symposium

    Special thanks to our Baker McKenzie speakers Jim Holloway, Theo Ling and Usman Sheikh, and Industry Experts Mark Crestohl, Senior Counsel, Accenture, Diana Drappel, Assistant General Counsel, Royal Bank of Canada, and Raees Nakhuda, Senior Counsel, Thomson Reuters. Baker McKenzie is pleased to invite you to a morning breakfast symposium on October 11 exploring the legal ramifications...

  • An Emerging Tort of Harassment in Canada?

    Special thanks to our articling student Ravneet Minhas for contributing to this update. The Alberta Court of King’s Bench recently became the first Canadian province to recognize the tort of harassment. This development is notable in the face of recent case law out of both British Columbia and Ontario that has declined to recognize a...

  • Canada’s First-ever Tech Talent Strategy

    On June 27, 2023, Canada’s Minister of Immigration, Refugees, and Citizenship launched Canada’s new Tech Talent Strategy. Through this strategy, Canada hopes to improve on existing measures and introduce new measures for attracting top talent and supporting high-growth STEM industries and occupations. Additionally, on the same day, the Minister announced that study authorization would be...

  • The Legislative Push for Pay Transparency in Canada Mirrors Global Trend

    Special thanks to our summer associate Daniel Dai for contributing to this update. British Columbia’s Pay Transparency Act, which received royal assent on May 11, 2023, imposes pay disclosure and reporting obligations on both public and private sector employers to address systemic discrimination in the workplace. It is the latest in a series of new...

  • Addressing labour shortages in Canada through changes to Express Entry

    On May 31, 2023, Immigration, Refugees, and Citizenship Canada (IRCC) announced a significant change in the Express Entry application management system. They will now conduct category-based selection draws to provide more opportunities to skilled workers in specific occupations who may not otherwise receive an Invitation to Apply (ITA) for permanent residence. This change aims to...

  • Supply chain transparency legislation in Canada – new risk for brands for violations of human and labor rights

    Special thanks to co-authors Julia Webster and Jing Xu, and contributor Oscar Ramirez (articling student in our Toronto office). This article provides an overview of the global rise in human and labor rights legislation linked to trade measures and how this impacts the consumer goods and retail industry. We examine: Click here to access full alert.

  • Transferring Employees to Canada or Mexico After an Unsuccessful US H-1B Lottery (Video)

    Special thanks to co-presenters, Daniel Urdiain and Nell Slochowski. Our on-the-ground immigration and mobility attorneys explore considerations for US employers looking to send foreign national employees to work in Canada or Mexico if they were not selected in the H-1B visa lottery this year and what steps to take before the next H-1B cap lottery period...

  • Transferring Employees to Canada or Mexico After an Unsuccessful US H-1B Lottery (Video)

    Special thank you to co-presenters, Sarah Bahn and Daniel Urdiain. Our on-the-ground immigration and mobility attorneys explore considerations for US employers looking to send foreign national employees to work in Canada or Mexico if they were not selected in the H-1B visa lottery this year and what steps to take before the next H-1B cap lottery...

  • Employers Can’t Rely on Original Termination Clauses When Employee Responsibilities Increase

    We are pleased to share a recent Benefits Canada article, “Employers can’t rely on original termination clauses when employee responsibilities increase: court,” with quotes from George Avraam. A recent Ontario Court of Appeal decision upheld a motion judge’s award of over $400,000 to an employee on the basis of the changed substratum doctrine. The case involved a...

  • Immigration Compliance Changes – Are you Ready?

    Special thanks to Sarah Adler, Immigration Legal Counsel, and Simran Nandha for their assistance with this blog. Further to the increased compliance requirements from Employment and Social Development Canada (ESDC) and Immigration, Refugee, and Citizenship Canada (IRCC) on all employers which commenced on September 30, 2022 (Government of Canada strengthens protections for temporary foreign...

  • Canadian Employers: Comply or Face Criminal Liability on No Poach and Wage Fixing Agreements (Video)

    Special thanks to Arlan Gates and Justine Johnston. Amendments to the Competition Act that come into force on June 23, 2023 will make it a criminal offence for employers to enter into no poach, wage fixing or other agreements related to the terms and conditions of employment in Canada. In this In Focus video, our Labour...

  • Implementing a Reduction in Force in Canada: Mitigating Risks Arising from Major Workforce Changes (Video)

    Employers are being faced with difficult decisions about potentially reducing their headcount to eliminate redundant positions in light of a shift in the economic climate and an increased focus on business efficiency. With any termination comes liability. In this 3-part series of In Focus videos specific to Reductions in Force, our Labour and Employment lawyers discuss how employers can navigate..

  • Restrictions on Restrictive Covenants in Canada – The Secret to Protecting Trade Secrets (Video)

    Every business has sensitive components integral to its success, whether trade secrets, customer contacts, or other confidential information that would be appealing to competitors. In Canada, attempting to stop an employee from sharing confidential information, competing, or soliciting customers, suppliers or employees can be tricky. In this In Focus video, our Labour and Employment lawyers...

  • Restrictions on Restrictive Covenants in Canada – The Secret to Protecting Trade Secrets (Video)

    Every business has sensitive components integral to its success, whether trade secrets, customer contacts, or other confidential information that would be appealing to competitors. In Canada, attempting to stop an employee from sharing confidential information, competing, or soliciting customers, suppliers or employees can be tricky. In this In Focus video, our Labour and Employment lawyers...

  • Employers Seeking to Withhold Termination Entitlements Must Prove Wilful Misconduct Pre-planned

    We are pleased to share a recent Benefits Canada article, “Employers seeking to withhold termination entitlements must prove wilful misconduct pre-planned: Ontario court,” with quotes from George Avraam. A recent Ontario Court of Appeal decision raises the bar for employers seeking to withhold minimum entitlements under the Employment Standards Act from employees dismissed for cause. Click...

  • Understanding the New Right to Disconnect in Ontario, Canada (Video Chat)

     With special thanks to our colleagues in Canada, William Watson and Dave Bushuev. In December 2021, the Ontario government passed Bill 27 – Working for Workers Act, 2021 requiring employers with 25 or more employees to create a “Disconnecting from Work Policy” by June 2, 2022. The Ontario government is following the lead of France, Spain...

  • Understanding the New Right to Disconnect in Ontario, Canada (Video Chat)

     With special thanks to our colleagues in Canada, William Watson and Dave Bushuev. In December 2021, the Ontario government passed Bill 27 – Working for Workers Act, 2021 requiring employers with 25 or more employees to create a “Disconnecting from Work Policy” by June 2, 2022. The Ontario government is following the lead of France, Spain...

  • Ontario Court of Appeal Outlines a New, More Onerous Version of the ESA’s Wilful Misconduct Standard

    In Render v. ThyssenKrupp Elevator (Canada) Limited Group, the Ontario Court of Appeal redefined wilful misconduct under the Employment Standards Act and confirmed the modern day approach to assessing sexual harassment in the workplace. The Decision Mark Render was terminated for cause after slapping a female co-worker on her behind. The trial judge found that...

  • Tossing the Masks and Vaccine Passports Plus Mandatory Vaccination Updates (Video)

    Across Canada, provincial governments have begun lifting most of the COVID-19 related public health measures and employers are now grappling with what safety protocols to maintain for their workplaces given the recent shift towards a pre-pandemic “normal.” In this In Focus video, our Labour and Employment lawyers explore considerations for employers before scrapping the restrictions entirely,...

  • Additional Relief and Leaves of Absence for Reasons Related to COVID-19: Bill C-2

    Background Just before the end of 2021, the Canadian Government passed Bill C-2, An Act to provide further support in response to COVID-19. Amongst other things, the Bill introduced the Canada Worker Lockdown Benefit Act, amended eligibility requirements under the Canada Recovery Benefits Act, and amended the Canada Labour Code to update leaves of absence...

  • Enhanced Leaves of Absence under the Canada Labour Code as Bill C-3 Passes

    Background The federal government passed Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code on December 17, 2021. While Bill C-2 focused on providing support for reasons specifically related to COVID-19, Bill C-3 enhances paid sick leave and bereavement leave under the Canada Labour Code (the “CLC”) not specific to...

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