Employment Law

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Statute Law

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Legislation passed by the government.

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Constitutional Law

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The Canadian Charter of Rights Freedoms

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Common Law

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Judge-made law

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Public Bills

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Are introduced in the legislature by the Cabinet minister who is responsible for the relevant subject matter.

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Private Bills

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Cover non-public matter, such as changing corporate charters and are of limited scope and relevance.

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Private Members' Bills

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May deal with matters of public importance but they are put forward by a private member of the legislature, not by a Cabinet minister.

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Regulations (Delegated Legislation)

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Rules made under the authority of a statute.

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The Employment Standards Act 2000

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Sets out minimum rights and standards for employees, including minimum wages, overtime, hours of work, termination and severance pay, pregnancy and parental leave, vacation and public holidays.

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The Human Rights Code

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Aimed at preventing and remedying discrimination and harassment based on specified prohibited grounds.

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The Labour Relations Act 1995

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Deals with the rights of employees to unionize and the collective bargaining process.

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The Occupational Health and Safety Act (OHSA)

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Outlines the requirements and responsibilities of parties in creating a safe workplace and preventing workplace injuries and accidents.

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The Workplace Safety and Insurance Act 1997

(Formally the Worker's Compensation Act)

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Provides a no-fault insurance plan to compensate workers for work-related injuries and diseases. It also allows employers to limit their financial exposure to the costs of workplace accidents through a collective funding system.

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The Pay Equity Act

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Addresses the issue of gender discrimination in compensation. It requires employers with ten or more employees to provide equal pay for work of equal value.

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The Accessibility of Ontarians with Disabilities Act 2005

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Provides the legal basis for the development of accessibility standards in five key areas: customer service, information and communications, employment, transportation, and the built environment (design of public spaces).

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Canada Labour Code

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Covers Employment standards, collective bargaining and health and safety

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Canadian Human Rights Act

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Covers human rights and pay Equity

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Case Law

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Law Made by Judges, rather than legislatures that is usually based on the previous decisions of other judges

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Precedent

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A legal decision that acts as a guide in subsequent cases

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Binding

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Requiring a lower court to follow a precedent from a higher court in the same jurisdiction

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Stare Decisis

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A common law principle that requires lower courts to follow precedents emanating from higher courts in the same jurisdiction.

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Persuasive

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Of a precedent from another jurisdiction or from a lower court, convincing but not binding.

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Distinguishable

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Term used for a precedent from a higher court that a lower court decides not to follow, usually because the facts in the case differ.

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Contract Law

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An area of civil law that governs agreements between people or companies to purchase or provide goods or services.

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Just Cause

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Very serious employee misconduct or incompetence that warrants dismissal without notice

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Cause of Action

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The factual basis on which a legal claim can be made

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Damages

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Losses suffered as a result of the other party's actions

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Plaintiff

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In civil law, the party an action

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Defendant

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In civil law, the party against which an action is brought

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Tort Law

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A branch of civil law (non-criminal law) that governs wrongs for which a legal remedy is available independent of any contractual relationship.

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Civil Law

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Law that relates to private, non-criminal matters, such as property law, family law, and tort law; alternatively, law that evolved from Roman Law, not English common law, and that is used in certain jurisdictions, such as Quebec.

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Duty of Care

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A legal obligation to take reasonable care in the circumstances.

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Administrative Tribunals

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A quasi-judicial authority whose rules are typically governed by a subject-specific statute

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Private Clause

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A term in a piece of legislation that attempts to restrict the rights to review a tribunal's decision by a court.

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Judicial Review

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The process where a party asks a court to reconsider a decision of an administrative tribunal to ensure that, for example, it observed the rules of natural justice

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Standard of Review

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The level of scrutiny that an appeal court will apply to the decision of lower court or tribunal

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Administrative Agencies

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A body created by a statute to administer that statute; administrative agencies are empowered to investigate complaints, make rulings, and sometimes issues orders.

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Case Citation

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A reference for location a specific case that includes style of cause (case title), year, volume number, series number (where applicable), page of the case report in which it appears, and court.

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Appellant

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The party appealing from a previous decision of a lower court or tribunal.

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Respondent

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The party opposing an appeal of a previous decisions by a lower court or tribunal

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Independent Contractor

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A self-employed worker engaged by a principal to perform specific work.

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Principal

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The party who contracts for the services of an independent contractor; the party who can be bound by its agent.

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Agent

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A party who has the capacity to bind another party in contracting with others.