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
Most workplaces in Canada are subject to provincial or territorial occupational health and safety (OHS) legislation. Federally regulated workplaces are governed by the federal OHS laws set out in Part II of the Canada Labour...more
The workers’ compensation system in Canada is a no-fault insurance system that provides employees who become injured or ill at the workplace with compensation from a statutorily established accident fund. ...more
On March 16, 2020, Premier Doug Ford and Monte McNaughton, Minister of Labour, Training and Skills Development, announced that the Ontario government intends to introduce legislation that, if passed, would immediately provide...more
3/18/2020
/ Canada ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Legislative Agendas ,
Public Health ,
Quarantine ,
Sick Leave ,
Workplace Safety
Given the rapid spread and implications of the novel coronavirus (COVID-19), employers are confronting difficult questions regarding how to handle safety and health rules, travel restrictions, privacy of employees’ health...more
3/17/2020
/ Anti-Discrimination Policies ,
Business Continuity Plans ,
Canada ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Foreign Nationals ,
Health and Safety ,
Immigration Procedures ,
Infectious Diseases ,
Public Health ,
Risk Management ,
Sick Leave ,
Travel Restrictions ,
Traveling Employee ,
Wage and Hour ,
Workplace Safety
Recently, in Bank of Montreal v. Li, 2020 FCA 22, the Federal Court of Appeal (FCA) dismissed the Bank of Montreal’s (BMO’s) appeal of the decision of the Federal Court (FC) in Bank of Montreal v. Li, 2018 FC 1298....more
Whether a wrongfully dismissed employee is entitled to damages as compensation for the value of incentives that would have vested during the reasonable notice period is frequently litigated in Canada....more
2/27/2020
/ Ambiguous ,
Bonuses ,
Canada ,
Compensation & Benefits ,
Contract Drafting ,
Contract Terms ,
Damages ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Incentive Compensation ,
Incentive Stock Options ,
Ontario ,
Summary Judgment ,
Wrongful Termination
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
At the time this Insight was prepared, there were eight reported cases of the coronavirus in Canada; three are in Ontario and five in British Columbia. The first of these cases was confirmed on January 25 and the last was...more
2/19/2020
/ Bereavement Leave ,
Best Practices ,
Canada ,
China ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employee Benefits ,
Employer Liability Issues ,
Infectious Diseases ,
International Travel ,
Leave of Absence ,
Medical Leave ,
OHSA ,
Paid Family Leave Law ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Sick Leave ,
Travel Restrictions ,
Traveling Employee ,
Wage and Hour ,
Workplace Safety
Yenovkian v. Gulian, 2019 ONSC 7279 is a recent family law decision that is significant beyond the family law context, including in the employment law context. In this decision, Justice Kristjanson of the Ontario Superior...more
2/14/2020
/ Canada ,
Corporate Counsel ,
Damages ,
Emotional Distress Damages ,
Employer Liability Issues ,
Evidence ,
False Light ,
International Labor Laws ,
Intrusion Upon Seclusion ,
Invasion of Privacy ,
Material Dissemination ,
Name and Likeness ,
Ontario ,
Privacy Torts ,
Public Disclosure ,
Reputational Injury ,
Restatement of Torts
In Teamsters Local Union 847 v Maple Leaf Sports and Entertainment, 2019 CanLII 95328 (ON LA), a part-time restaurant employee in Ontario, Canada with two years’ seniority was discharged from her employment because her...more
1/28/2020
/ Absenteeism ,
Arbitration ,
Attendance ,
Canada ,
Collective Agreements ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Employment Standards Act ,
Filing Grievances ,
Food Service Workers ,
Labor Regulations ,
Ontario ,
Part-Time Employees ,
Restaurant Industry ,
Teamsters ,
Termination ,
Unions ,
Wage and Hour
Canada saw significant developments in labour and employment law in 2019. As we embark on a new decade, we will undoubtedly see the landscape in this ever-changing area of law continue to evolve....more
1/9/2020
/ Amended Legislation ,
Appeals ,
Canada ,
Employee Misconduct ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Hiring & Firing ,
International Labor Laws ,
Labor Regulations ,
Labor Relations ,
Labour Code ,
Legislative Agendas ,
Medical Marijuana ,
Sexual Harassment ,
Substance Abuse ,
Tort ,
Undue Hardship
It is rare for an employment law case to come before the highest court in Canada. One of 2019’s most significant developments was the Supreme Court of Canada’s decision to consider an employee’s appeal of the Nova Scotia...more
12/17/2019
/ Appeals ,
Canada ,
Compensation & Benefits ,
Contract Terms ,
Corporate Bonuses ,
Corporate Counsel ,
Duty of Trust ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Ethics ,
Good Faith ,
Incentive Compensation ,
Leave to Appeal ,
Supreme Court of Canada
In Canada, employers that host holiday parties for their employees could expose themselves to significant common law liability for the actions of an employee or guest who is under the influence of alcohol or cannabis....more
12/3/2019
/ Best Management Practices ,
Canada ,
Cannabis Products ,
Drunk Driving ,
Employee Misconduct ,
Employer Liability Issues ,
Employment Policies ,
Harassment ,
Holiday Parties ,
Holidays ,
Human Rights ,
Marijuana ,
OHSA ,
Recreational Use ,
Risk Management ,
Sexual Harassment ,
Wine & Alcohol
When Canada’s Cannabis Act and supporting regulations came into force on October 17, 2018, Canada became the first major world economy to establish a legal framework at the federal level for the adult recreational use of...more
11/26/2019
/ Artificial Impairment ,
Canada ,
Cannabidiol (CBD) oil ,
Cannabis Act ,
Cannabis Products ,
Decriminalization of Marijuana ,
Employer Liability Issues ,
Employment Policies ,
Labor Regulations ,
Marijuana ,
Marijuana-Infused Edibles ,
Medical Foods ,
Plant Based Products ,
Reasonable Accommodation ,
Recreational Use ,
Regulatory Standards ,
Safety Standards ,
Workplace Safety
Two years after the #MeToo Movement made the prevalence of sexual harassment and sexual assault in the workplace known worldwide, the Alberta Court of Appeal in Calgary (City) v. Canadian Union of Public Employees Local 37,...more
11/11/2019
/ #MeToo ,
Administrative Law Judge (ALJ) ,
Arbitration ,
Canada ,
Disciplinary Proceedings ,
Dispute Resolution ,
Employee Misconduct ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Hostile Environment ,
Judicial Review ,
Labor Regulations ,
Sexual Assault ,
Sexual Harassment ,
Termination
Members of the Baby Boom generation often remained in one job throughout their working lives. It is now more common for employers to receive résumés from millennials (born between 1981 – 1996) who have had numerous jobs...more
10/21/2019
/ Appeals ,
Canada ,
Elder Care ,
Employee's Childcare ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Family Status Discrimination ,
Flexible Work Arrangements ,
Judicial Review ,
Ontario Human Rights Tribunal ,
Reasonable Accommodation ,
Wage and Hour ,
Work Schedules
The Canadian federal election is just around the corner—Monday, October 21, 2019 (Election Day). The Canada Elections Act sets out the law regarding employees’ voting entitlements on Election Day, as well as employer...more
The Federal Court of Canada recently confirmed in Bank of Montreal v. Li, 2018 FC 1298 CanLII (Bank of Montreal), that an employee’s signed release and settlement agreement will not preclude a complaint for unjust dismissal...more
In Manastersky v. Royal Bank of Canada, 2019 ONCA 609, the Ontario Court of Appeal (“OCA”) considered the important question of whether a terminated employee is entitled to be awarded damages in lieu of a lost opportunity to...more
Employers in Ontario will likely welcome the decision in Katz et al. v. Clarke, 2019 ONSC 2188 (Divisional Court), which addressed the scope of the duty to accommodate in the event of an employee’s permanent disability. ...more
8/29/2019
/ Canada ,
Corporate Counsel ,
Damages ,
Duty to Accommodate ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Essential Functions ,
Hiring & Firing ,
Human Rights Code ,
Labor Regulations ,
Lost Wages ,
Ontario ,
Permanent Disability ,
Reasonable Accommodation ,
Wrongful Termination
A recent Supreme Court of Canada (SCC) decision considered whether a franchisee who entered into a franchise agreement with a franchisor was an employee or an independent contractor. The fact-specific case, Modern Cleaning...more
8/1/2019
/ Appeals ,
Canada ,
Corporate Counsel ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Franchise Agreements ,
Franchises ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Risk Management ,
Supreme Court of Canada ,
Wage and Hour
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
Earlier this year, a labour arbitrator rendered a decision in Regional Municipality of Waterloo (Sunnyside Home) v Ontario Nurse’s Association, 2019 CanLII 43 (ON LA), that sends a clear warning to employers in Ontario about...more
6/6/2019
/ Arbitration ,
Breach of Trust ,
Canada ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Gross Misconduct ,
Hiring & Firing ,
Human Rights Code ,
International Labor Laws ,
Ontario ,
Reasonable Accommodation ,
Reinstatement ,
Substance Abuse