Cherrine Chow

Firm/Organization: Baker McKenzie

Blogs: Canadian Fraud Law, Canadian Labour and Employment Law

Latest Articles

Family Status Discrimination: Where Are We Now?

By Cherrine Chow on January 30, 2017

Just when we thought the test for family status discrimination had finally been given some certainty by the Federal Court of Appeal in Johnstone v Canada, 2014 FCA 110 (“Johnstone“), the Human Rights Tribunal of Ontario (the “HRTO”) has set out yet another test.…

Canadian Labour and Employment Law

Reminder: With the New Year Come New Obligations for Colleges and Universities!

By Cherrine Chow on January 6, 2017

Amid the post-holiday whirlwind, amendments to the Ministry of Training, Colleges and Universities Act and the Private Career Colleges Act, 2005 under Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2016 (“Bill 132”) have come into force.…

Canadian Labour and Employment Law

The Pendulum Swings Back: The Court of Appeal Rules Termination Clause Valid Despite Silence on Benefits Continuation

By Cherrine Chow on June 30, 2016

A recent decision of the Ontario Court of Appeal (ONCA) has provided clarity in the debate over the validity of termination clauses in employment contracts that are silent on continuation of benefits through the statutory notice period.…

Canadian Labour and Employment Law

Joining the BYOD party? Have fun, but be safe!

By Cherrine Chow on May 11, 2016

Almost everyone in Canada is using a smart phone. Recent statistics tell us that more than 80% of 18-34 year olds are using smart phones. For each prior generation, 35-44 and 45-54, that number only drops by 10%, and the projection is that at least 85% for all age ranges, and as high as 98% for 18-34 year olds, will be using smart phones by 2018.[1] Or, you can simply check the number of…

Canadian Fraud Law

Using the tort of civil conspiracy

By Cherrine Chow on March 17, 2016

Ponzi schemes and other fraudulent arrangements that operate on a large scale often involve complex networks of activities, actors, and funds transfers. Given the number of players that may be required to bring about such a scheme, the tort of civil conspiracy provides a potential means for recovery for fraud victims. The elements of civil conspiracy: Simple motive or unlawful means? As outlined in the Supreme Court of Canada’ decision in Canada Cement LaFarge Ltd. v. British …

Canadian Labour and Employment Law

New Sexual Violence and Harassment Legislation: New Duties for Colleges, Universities and Employers

By Cherrine Chow & Susan MacMillan on March 16, 2016

New legislation aimed at addressing sexual violence and harassment in Ontario received Royal Assent on March 8, 2016. The Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015 (the “Act”) is part of the Ontario government’s action plan to stop sexual violence and harassment. The Act was first introduced by the Ontario Legislature as Bill 132 on October 27, 2015. Click here for a link to our earlier blog post…

Canadian Labour and Employment Law

What if I Don’t Want to Join the Club: Skepticism Rising on Mandatory (Public) Union Fees

By Cherrine Chow on January 25, 2016

On January 11, 2016, the Supreme Court of the United States (“SCOTUS“) heard oral arguments in Freidrichs v California Teachers Association. If questions from the bench are any indication of the Court’s perspective on the matter, public sector unions in the United States may be in trouble. Freidrichs considers whether California State law requiring non-union members to pay “agency fees” violates the first amendment right to freedom of speech. Agency fees are charged to cover the cost…

Canadian Labour and Employment Law

To Arbitrate or Not to Arbitrate: Alternatives to Litigation in the Employment Context (Part 4)

By Cherrine Chow on January 13, 2016

In this series, we have explored the costs and benefits of incorporating arbitration clauses into employment agreements, the enforceability of such clauses, and issues to consider when drafting. Let’s say you resolve a dispute under an arbitration agreement and the arbitrator has granted an award. Now what? In this post, we discuss the options for enforcing and challenging an arbitral award in Canadian courts. While we focus on enforcement and challenge of…

Canadian Labour and Employment Law

More Protection for Students and Workers Against Sexual Harassment or Violence

By Cherrine Chow on November 2, 2015

On October 27, 2015, the Ontario Government introduced legislation as part of its action plan to stop sexual violence and harassment. Bill 132, An Act to amend various statutes with respect to sexual violence, sexual harassment, domestic violence and related matters, presents changes to various statutes, aimed at making workplaces, university campuses, and communities safer, while recognizing the needs of survivors of sexual violence and harassment. Below are the key proposed amendments affecting employers.…

Canadian Labour and Employment Law

Suspensions in the Post-Potter Age: Key Take-Aways for Employers (Part 1)

By Cherrine Chow & Jennifer Bernardo on July 29, 2015

In a previous post, we discussed the Supreme Court of Canada’s (“SCC“) decision in Potter v. New Brunswick (Legal Aid Services Commission), in which the SCC purported to clarify the test for constructive dismissal as it applied to suspensions. But does the decision apply to all suspensions? What if an employee is suspended because of misconduct? Or pending determination of criminal charges? And do employers have to continue paying employees while suspended for…

Cherrine Chow

Family Status Discrimination: Where Are We Now?

Reminder: With the New Year Come New Obligations for Colleges and Universities!

The Pendulum Swings Back: The Court of Appeal Rules Termination Clause Valid Despite Silence on Benefits Continuation

Joining the BYOD party? Have fun, but be safe!

Using the tort of civil conspiracy

New Sexual Violence and Harassment Legislation: New Duties for Colleges, Universities and Employers

What if I Don’t Want to Join the Club: Skepticism Rising on Mandatory (Public) Union Fees

To Arbitrate or Not to Arbitrate: Alternatives to Litigation in the Employment Context (Part 4)

More Protection for Students and Workers Against Sexual Harassment or Violence

Suspensions in the Post-Potter Age: Key Take-Aways for Employers (Part 1)

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