In Czerniawski v. Corma Inc., 2021 ONSC 1514, the Ontario Superior Court of Justice concluded that a long-term employee’s misconduct did not justify dismissal for cause without notice. The court awarded 19 months’ common law...more
In a News Release dated March 17, 2021, Ontario announced it was removing regulatory restrictions to make it easier for organizations to conduct on-site COVID-19 testing in the workplace. Asymptomatic employees can now...more
A recent Ontario Superior Court of Justice decision indicates that it is challenging for employers to obtain an interim injunction requiring an employee to remove allegedly defamatory social media posts pending resolution of...more
3/2/2021
/ Black Lives Matter ,
Canada ,
Defamation ,
Employment Litigation ,
First Amendment ,
Free Speech ,
Hiring & Firing ,
Injunctive Relief ,
International Labor Laws ,
Ontario ,
Race Relations ,
Social Media
In Christian Labour Association of Canada v. Caressant Care Nursing & Retirement Homes (D. Randall), a union filed a group grievance on behalf of a number of its members working at an Ontario retirement home to challenge the...more
1/7/2021
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
International Arbitration ,
Ontario ,
Screening Procedures ,
Virus Testing ,
Workplace Safety
In Kaminsky v Janston Financial Group, 2020 ONSC 5320, Ontario’s Superior Court reminds employers they will not be entitled to plead cause in response to a wrongful dismissal claim if at the time of dismissal, the employer...more
On November 19, 2020, Ontario announced it had launched “inspection blitzes” to help stop the transmission of COVID-19 and keep workers safe. The inspections involve the deployment of provincial offences officers from...more
12/1/2020
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Failure to Comply ,
Health and Safety ,
Infectious Diseases ,
Ontario ,
Public Health ,
Regulatory Oversight ,
Safety Inspections ,
Workplace Safety
In Rutledge v. Canaan Construction Inc., 2020 ONSC 4246, Ontario’s Superior Court held, rather surprisingly, that a termination provision in an employment contract that has even a remote possibility of violating the...more
In Kim v. BT Express Freight Systems (2020), 317 A.C.W.S. (3d) 255, Ontario’s Superior Court confirmed that an employer may be liable for damages if it withdraws an accepted offer of employment or terminates employment...more
11/2/2020
/ Breach of Contract ,
Canada ,
Corporate Counsel ,
Damages ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Hiring & Firing ,
International Labor Laws ,
Ontario ,
Termination ,
Wrongful Termination
In George v. Laurentian Bank Securities Inc., 2020 ONSC 5415, one of the first decisions from Ontario’s Superior Court since the COVID-19 pandemic began, the court focused on an employee’s responsibilities rather than his...more
On October 2, 2020, the government of Ontario filed Ontario Regulation 546/20 (Regulation) made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. The Regulation came into force on October 3, 2020....more
10/9/2020
/ Canada ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
Health and Safety ,
Human Rights Code ,
Infectious Diseases ,
International Labor Laws ,
Masks ,
Ontario ,
Personal Protective Equipment ,
Public Health ,
Reasonable Accommodation ,
Workplace Safety
Employers with employees in Ontario often ask about legislative requirements under various employment statutes, including mandatory policies, training and postings under the Employment Standards Act, 2000, the Workplace...more
The recent decision of the Ontario Court of Appeal in Manthadi v. ASCO Manufacturing, 2020 ONCA 485, analyzed the common law approach to the calculation of reasonable notice when a vendor terminates a worker’s employment in...more
8/20/2020
/ Asset Purchase Agreements ,
Asset Purchaser ,
Canada ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Hiring & Firing ,
International Labor Laws ,
Notice Requirements ,
Ontario ,
Successor Liability ,
Termination Clauses ,
Vendors
On July 24, 2020, Ontario’s new Bill 195, Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, became law. In accordance with Bill 195, Ontario’s Emergency Declaration has ended (subject to the provincial...more
8/18/2020
/ Canada ,
Coronavirus/COVID-19 ,
Emergency Orders ,
Employment Standards Act ,
Infectious Diseases ,
International Labor Laws ,
Layoffs ,
Leave of Absence ,
Ontario ,
Subsidies ,
Wage and Hour
Posting: Employment Standards Act, 2000 -
The poster is prepared by the Minister of Labour to help ensure employers understand their minimum obligations and employees know their rights.
Employers must:
• provide each...more
8/13/2020
/ Canada ,
International Labor Laws ,
Labor Regulations ,
OHSA ,
Ontario ,
Policies and Procedures ,
Posting Requirements ,
Regulatory Requirements ,
Sexual Harassment ,
Training Requirements ,
Workplace Safety ,
Workplace Violence
On April 27, 2020, Ontario released a Framework for Reopening Our Province. This Framework contemplates the gradual reopening of the province in three stages, with each stage lasting for approximately two-to-four weeks to...more
7/16/2020
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Non-Essential Businesses ,
Ontario ,
Popular ,
Re-Opening Guidelines ,
Restaurant Industry ,
Retailers ,
Workplace Safety
On June 16, 2020, Ontario released a Guide to help employers satisfy their responsibilities under Ontario’s Occupational Health and Safety Act (OHSA) to take every precaution reasonable in the circumstances to protect workers...more
On June 17, 2020, in Waksdale v. Swegon North America Inc., the Ontario Court of Appeal rendered a decision pertaining to the enforceability of termination provisions in employment contracts. ...more
On April 27, 2020, Ontario released a Framework for Reopening Our Province. This Framework contemplates the gradual reopening of the province in three stages, with each stage lasting for approximately two-to-four weeks to...more
6/15/2020
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Non-Essential Businesses ,
Ontario ,
Re-Opening Guidelines ,
Restaurant Industry ,
Retailers ,
Return-to-Work Agreements ,
Workplace Safety
On May 27, 2020, Ontario updated its COVID-19 Self-Assessment Tool (Tool), which was originally launched in March 2020. The interactive Tool requires users to respond to a series of questions and, based on their responses,...more
On May 29, 2020, the government of Ontario filed Ontario Regulation 228/20 (Regulation) under the Employment Standards Act, 2000 (ESA). The Regulation amends layoff and constructive dismissal rules exclusively under the ESA,...more
On April 30, 2020, in anticipation of the gradual reopening of its economy, Ontario announced that it had released safety guidelines to enable employers to protect workers, customers, and the general public. The guidelines...more
On March 23, 2020, the Government of Ontario ordered the mandatory closure of all non-essential workplaces effective March 24, 2020 at 11:59 p.m. On April 3, 2020, in response to the advice of Ontario’s Chief Medical Officer...more
4/6/2020
/ Business Closures ,
Business Interruption ,
Canada ,
Construction Project ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Dispensaries ,
Emergency Management Plans ,
Ontario ,
Operators of Essential Services ,
State and Local Government
Cormier v. 1772887 Ontario Limited (St. Joseph Communications) (“St. Joseph”), 2019 ONCA 965, is an appeal from a summary judgment motion arising from the wrongful dismissal claim of a contractor who worked for St. Joseph for...more
2/26/2020
/ Appeals ,
Canada ,
Contract Terms ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Standards Act ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
International Labor Laws ,
Notice Requirements ,
Ontario ,
Regulatory Requirements ,
Summary Judgment ,
Termination Clauses ,
Wrongful Termination
Employers with employees in Ontario often ask about legislative requirements under various employment statutes, including mandatory policies, training and postings under the Employment Standards Act, 2000, the Workplace...more
6/25/2019
/ Accessibility Rules ,
Canada ,
Employee Training ,
Employer Liability Issues ,
Health and Safety ,
International Labor Laws ,
Labor Regulations ,
OHSA ,
Ontario ,
Posting Requirements ,
Sexual Harassment ,
Workplace Safety
The Court of Appeal for Ontario recently rendered a decision in Ruston v. Keddco MFG. (2011) Ltd., 2019 ONCA 125, which serves as a cautionary tale for employers whose termination conduct reveals that they do not take their...more