On November 19, 2020, Bill C-9, An Act to Amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy) (Bill C-9) received Royal Assent. Bill C-9’s purpose is to implement targeted support to...more
In Abrams v. RTO Asset Management, 2020 NBCA 57 (Abrams), the New Brunswick Court of Appeal considered an employee’s appeal of a decision dismissing his action for damages in lieu of reasonable notice upon his job termination...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 Quach v. Mitrux Services Ltd., 2020 BCCA 25 (Quach), the British Columbia Court of Appeal overturned the trial court’s decision to award aggravated damages to an individual whose job was terminated before his employment...more
In Hetherington v Saskatchewan Liquor and Gaming Authority, 2020 SKQB 110, the Queen’s Bench for Saskatchewan considered the impact of an employee’s voluntary interruption of employment on her entitlement to common law...more
On October 18, 2019, we wrote about the tests currently used to establish family status discrimination in Canada, and recommended policies and programs employers can put in place for employees that need accommodations due to...more
The purpose of the Accessibility for Ontarians with Disabilities Act (AODA) is to develop, implement and enforce accessibility standards to achieve accessibility for Ontarians with disabilities, with respect to goods,...more
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
On October 20, 2020, Ontario introduced Bill 218, Supporting Ontario’s Recovery and Municipal Elections Act, 2020 (Bill 218) for First Reading. Bill 218, which would provide employers with a degree of liability protection...more
In NK v. Botuik, 2020 HRTO 345, the Human Rights Tribunal of Ontario (HRTO) made a $170,000 damage award to a vulnerable employee who, after being sexually harassed by her direct supervisor, engaged in unwelcome sexual...more
10/27/2020
/ Adverse Employment Action ,
Canada ,
Corporate Counsel ,
Damages ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Ontario ,
Ontario Human Rights Tribunal ,
Sexual Assault ,
Sexual Harassment ,
Workplace Romances
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
The Ontario Superior Court recently issued a decision in Sewell v. Provincial Fruit Co. Limited, 2020 ONSC 4406 (Sewell), applying the reasoning set forth in the Ontario Court of Appeal (OCA) decision, Waksdale v. Swegon...more
10/7/2020
/ Canada ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Standards Act ,
Hiring & Firing ,
International Labor Laws ,
Just Cause ,
Ontario ,
Termination Clauses
In response to the recent increase in COVID-19 cases in Ontario, the province has imposed health screening obligations on employers. On September 25, 2020, the province’s government filed Regulation 530/20, which was made...more
10/1/2020
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Infectious Diseases ,
International Labor Laws ,
Labor Regulations ,
Ministry of Health ,
Public Health Emergency ,
Risk Management ,
Screening Procedures
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
A recent Ontario Superior Court decision, Kerner v. Information Builders (Canada) Inc., 2020 ONSC 2975, clarified whether an employee was entitled to commissions that were “booked and billed” after his job termination, but...more
9/22/2020
/ Canada ,
Corporate Counsel ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
International Labor Laws ,
Notice Requirements ,
Regulatory Requirements ,
Sales Commissions ,
Wrongful Termination
In a recent Human Rights Tribunal of Ontario (HRTO) decision, an employee alleged her supervisor sexually assaulted her. The HRTO’s analysis of the poorly handled workplace investigation that ensued provides meaningful...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 16, 2020, Prime Minister Trudeau announced a federal investment of more than $19 billion that will provide support to Canadians through the Safe Restart Agreement....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
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 4, 2020, in International Brotherhood of Electrical Workers, Local 1620 v. Lower Churchill Transmission Construction Employers’ Association Inc., 2020 NLCA 20 (“International Brotherhood”), the Court of Appeal of...more
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
Although Canadian employers that provide essential services have remained open since the first days of the COVID-19 pandemic, other employers were required to close their physical operations. Despite this, the nature of the...more