Latest Case Law: Canada: Ontario Court of Appeal Confirms that Harassment Is Not a Tort The recent decision of Merrifield v. Canada (Attorney General), 2019 ONCA 205, confirms that no independent tort of harassment exists in Ontario, especially given existing legal remedies (such as the tort of intentional infliction of mental suffering) to redress harassing conduct » Read More

Impending Changes of Legislation: Canada: Federal Privacy Commissioner Begins Public Consultation on Transborder Dataflows The Federal Office of the Privacy Commissioner has indicated it will be changing its position on cross-border data flows, such that companies disclosing personal information across a border, including for processing, would be required to obtain consent from individuals in order to do so. In order to provide updated guidance to the public, the Officer has begun a public consultation » Read More

Other Observations: Canada: Mitigating Risks in the Face of Mental Distress Claims in Colistro v Tbaytel This Ontario Court of Appeal decision suggests that accommodation by an employer can help defeat a future claim of intentional infliction of mental distress by an employee » Read More

Upcoming International Events: Webinar: Human Capital – Best Practices for Hiring in 2019 – Date: May 9, 2019 - 8 a.m. to 9:30 a.m. EST Free webinar that will provide participants with practical tips about the fundamental Human Rights Code obligations that affect provincially regulated workplaces; how to proactively ensure compliance with human rights obligations; and other hiring considerations, including offers of employment, pre-employment testing, and reference and background checks. Should you wish to attend this free webinar. » View Webinar

Internationally, we are the single Canadian member of L&E GLOBAL, an alliance of over 1500 labour and employment lawyers in more than 120 offices around the world. As part of L&E GLOBAL, Filion offers access to a single legal powerhouse for clients requiring complex cross-border labour and employment services throughout the world.

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