Ryan Conlin of Stringer LLP discusses recent jurisprudence concerning random drug and alcohol testing in Canada (post-Irving).
and Compliance AuditsConstruction Labour RelationsHuman RightsLabour RelationsOccupational Health and SafetyPolicy DevelopmentReviewWorkplace Privacy
Jeremy D. Schwartz / About Author
Related Posts
Crown Appeals $200,000 fine imposed against Corporation in Christmas Eve Fatality
The Crown has decided to seek permission (referred to as “leave”) to appeal the $200,000 fine imposed against Metron Construction…
05 Sep 2012
Preferential Treatment for Employees with Active WSIB Claims not Discriminatory
The Human Rights Tribunal of Ontario (the “Tribunal”) recently held that it is not discriminatory for employers to treat disabled…
25 Oct 2017
Double the Previous Record Awarded in Damages for Sexual Harassment
As we have noted in previous updates, the size of general damages awarded by human rights tribunals has trended sharply…
15 Jun 2015
Court Confirms No Free Standing Civil Action for Breaching OHSA
Ontario’s Superior Court of Justice has affirmed the long-standing principle that you cannot sue for a free-standing violation of a…
22 Oct 2012
Contractors Must Ensure Worker Safety at Customer Work Sites
One of the most challenging issues confronting employers is how to ensure the safety of their employees when they are…
11 Oct 2013
Zero Tolerance Policies and Medicinal Marijuana
Marijuana will soon be legal for recreational use nationwide and many employers are scrambling to respond to the challenges this…
28 Sep 2018
Private member’s Bill seeks union-favourable amendments, without waiting for the Changing Workplaces Review
Although the final report from The Changing Workplaces Review is not expected until later this year, the Ontario New Democratic Party (“NDP”)…
08 May 2017
Court of Appeal says that Compliance with an Inspector’s Order Should Not Mean a Smaller Fine
The Ontario Court of Appeal, in Ontario (Labour) v. Flex-N-Gate Canada Company, has overturned a lower Court finding found that an employer…
24 Jan 2014
Strike Two: Ontario Court of Appeal Rejects Imperial Oil’s Random Drug Testing Policy for the Second Time
By: Jeff Murray The Ontario Court of Appeal recently called “strike two” on Imperial Oil’s long-standing effort to conduct random…
21 Jul 2009
Alphabet Soup – Navigating the Waters of SUBs, CERBS, Layoffs, Work-Sharing and Subsidies in the Corona Virus Emergency
Canadian employers have been confronted with a veritable ocean of new government programs, which are designed to help weather the…
16 Apr 2020
Human Rights Tribunal Finds Discrimination in Request for Medical Information
In Thompson v. 1552754 Ontario Inc., the applicant was employed as a counter person at the respondent’s coffee shop. The applicant…
24 May 2013
Ministry of Labour Announces New Training Requirements
A new regulation under the Occupational Health and Safety Act (“OHSA”) requires that workers and supervisors are provided with basic health and safety…
25 Nov 2013
Will this Ever End? Managing Return to Work in the Fourth Wave
Even as the world grapples with variants and what appears to be the fourth wave of the COVID-19 pandemic, employers…
24 Aug 2021
The Supreme Court to Lay Down the Law on Random Alcohol Testing
The law in Canada regarding random drug and alcohol testing has been inconsistent for some time, with the Alberta and…
03 Apr 2012
What Does the Crown Have to Prove in an OHSA Prosecution?
As many readers are likely aware, the burden of proof is on an employer to establish “due diligence” in an…
17 Apr 2012