This test had developed in British Columbia and Ontario trial level decisions outside of the employment context (Mainland Sawmills et al v. IWA — Canada et al and P.M. v. Evangelista Estate). (labourandemploymentlaw.com)
The ease of publishing on the web means that comments about trial level decisions can show up in the first 10 google hits as easily as comments about tomorrow's court of last resort decision. (slaw.ca)
The Ontario Court of Appeal in Welsh upheld the trial level decision, likening it more to a case where a suspect is seeking assistance in thwarting the authorities. (slaw.ca)