In 2024, Canada saw significant legislative and case law developments in labour and employment law. This Insight provides an overview of notable developments and links to our more detailed articles and commentary....more
1/10/2025
/ Arbitration ,
Canada ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Standards Act ,
Federal Labor Laws ,
Job Ads ,
Labor Reform ,
Misclassification ,
New Legislation ,
Regulatory Reform ,
Strike ,
Unions ,
Workplace Safety
Applying prior precedent, the Court of Appeal for Ontario (OCA) in Dufault v. Ignace (Township), 2024 ONCA 915, upheld the Ontario Superior Court of Justice’s (OSCJ) finding that the “for cause” termination provision in an...more
On November 27, 2024, Ontario introduced Bill 229 - Working for Workers Six Act, 2024 (Bill 229) for First Reading. If enacted, the statutes amended would include the Employment Standards Act, 2000 (ESA), the Occupational...more
Ontario’s Bill 79, Working for Workers Act, 2023 (“Bill 79”), amended several statutes, including the Employment Standards Act, 2000 (ESA). One of the amendments Bill 79 made to the ESA authorized the government to make...more
Ontario’s Bill 149, Working for Workers Four Act, 2024 and Bill 190, Working for Workers Five Act, 2024 both amended the Employment Standards Act, 2000 (ESA) by, among other things, setting out requirements and prohibitions...more
Wilds v. 1959612 Ontario Inc., 2024 ONSC 3452, involves a wrongful dismissal action in which the employee brought a motion for summary judgment. The court found the termination provisions in her employment agreement were...more
12/4/2024
/ Canada ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Standards Act ,
Hiring & Firing ,
International Labor Laws ,
Ontario ,
Punitive Damages ,
Unenforceable Contract Terms ,
Wrongful Termination
In Bertsch v. Datastealth Inc., 2024 ONSC 5593, the Ontario Superior Court of Justice dismissed an employee’s claim for common law reasonable notice of termination on a Rule 21 motion....more
In De Castro v. Arista Homes Limited, 2024 ONSC 1035, Ontario’s Superior Court of Justice (Court) held the termination provision in an employment contract was unenforceable because it defined “cause” more broadly than does...more
10/16/2024
/ Canada ,
Contract Terms ,
Damages ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Standards Act ,
Hiring & Firing ,
International Labor Laws ,
Ontario ,
Termination Clauses ,
Wrongful Termination
On April 11, 2022, Bill 88, Working for Workers Act, 2022 (Bill 88), received Royal Assent and became law. Among other things, Bill 88 enacted the new Digital Platform Workers’ Rights Act, 2022 (DPWRA).1 The DWPRA did not...more
9/11/2024
/ Canada ,
Corporate Counsel ,
Digital Platforms ,
Employees ,
Employer Liability Issues ,
Employment Standards Act ,
Gig Economy ,
International Labor Laws ,
Labor Reform ,
New Legislation ,
Wage and Hour
On November 29, 2023, Prince Edward Island’s Bill 106, An Act to Amend the Employment Standards Act, received Royal Assent. Bill 106 will come into force on October 1, 2024....more
In Dufault v. The Corporation of the Township of Ignace, 2024 ONSC 1029, the Ontario Superior Court of Justice held that the termination provisions of a fixed-term employment contract were illegal and unenforceable because...more
3/12/2024
/ Canada ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Standards Act ,
Fixed-Term Labor Contracts ,
Hiring & Firing ,
International Labor Laws ,
Ontario ,
Unenforceable Contract Terms
On November 25, 2023, O. Reg. 340/23: TERMINATION AND SEVERANCE OF EMPLOYMENT made under the Employment Standards Act, 2000 (ESA) (Regulation), amending O. Reg. 288/01 (Termination and Severance of Employment), was published...more
On November 7, 2023, Prince Edward Island (PEI) introduced Bill 106, An Act to Amend the Employment Standards Act (Bill 106) for First Reading. Bill 106 proposes to increase dramatically the paid sick leave to which employees...more
11/17/2023
/ Canada ,
Employees ,
Employer Liability Issues ,
Employment Standards Act ,
International Labor Laws ,
Labor Reform ,
Paid Sick Leave ,
Proposed Legislation ,
Regulatory Agenda ,
Wage and Hour ,
Workplace Safety
On November 14, 2023, Ontario introduced Bill 149, Working for Workers Four Act, 2023 (Bill 149), for First Reading. If passed, Bill 149 would, among other things, amend the Employment Standards Act, 2000 (ESA), the Workplace...more
On October 26, 2023, Ontario’s Bill 79, Working for Workers Act, 2023 (Bill 79) received Royal Assent and came into force. The statutes amended by Bill 79 include the Employment Standards Act, 2000 (ESA), the Occupational...more
On March 23, 2023, Ontario released its 2023 Ontario Budget: Building a Strong Ontario (2023 Budget). The Budget provides that Paid Infectious Disease Emergency Leave (Paid IDEL) will expire on March 31, 2023....more
3/27/2023
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Standards Act ,
Infectious Diseases ,
International Labor Laws ,
Ontario ,
Paid Time Off (PTO) ,
Relief Measures ,
Sick Employees ,
Unpaid Leave ,
Wage and Hour ,
Workplace Safety
On March 20, 2023, Ontario introduced Bill 79, Working for Workers Act, 2023 for First Reading. Bill 79 contains amendments to the province’s Employment Standards Act, 2000 (ESA), Occupational Health and Safety Act (OHSA),...more
On March 13, 2023, Ontario announced that it is proposing two amendments to the Employment Standards Act, 2000 (ESA) and related regulations.
Employees Who Work Solely from Home to Become Eligible to Receive Enhanced...more
3/16/2023
/ Canada ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Standards Act ,
Hiring & Firing ,
International Labor Laws ,
Labor Reform ,
Notice Requirements ,
Ontario ,
Proposed Legislation ,
Regulatory Agenda ,
Remote Working ,
Telecommuting ,
Termination
On March 9, 2023, British Columbia’s Bill 2, National Day for Truth and Reconciliation Act (Bill 2) received Royal Assent. Bill 2 came into force on the date of Royal Assent.
Bill 2 amends British Columbia’s Employment...more
In 2022, Canada saw significant statutory and case law developments in labour and employment law, some of which related to COVID-19. This Insight provides an overview of key 2022 developments, with links to more detailed...more
1/5/2023
/ Arbitration ,
Arbitration Awards ,
Canada ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Policies ,
Employment Standards Act ,
Gender Discrimination ,
Hiring & Firing ,
International Labor Laws ,
Labor Reform ,
Non-Compete Agreements
Two years ago in Waksdale v. Swegon North America Inc., 2020 ONCA 391, the Ontario Court of Appeal established the proper method for determining whether a termination clause in an employment agreement is enforceable. ...more
8/25/2022
/ Canada ,
Contract Terms ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Standards Act ,
Hiring & Firing ,
International Labor Laws ,
Ontario ,
Termination Clauses ,
Unenforceable Contract Terms
Deemed IDEL No Longer Available -
In May of 2020, Ontario filed O. Reg. 228/20, which provided that a non-unionized employee who did not perform their job duties during the “COVID-19 period” because their work hours were...more
8/10/2022
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Employment Standards Act ,
Hiring & Firing ,
Infectious Diseases ,
International Labor Laws ,
Layoffs ,
Ontario ,
Wage and Hour
In the spring, Bill 88, Working for Workers Act, 2022, received Royal Assent and became law. Among other things, Bill 88 amended Ontario’s Employment Standards Act, 2000 (ESA) to require certain employers to ensure, within a...more
The poster is prepared by the Minister of Labour to help ensure employers understand their minimum obligations and employees know their rights.
...more
A recent wrongful dismissal opinion from the Ontario Superior Court of Justice weighed the impact of the pandemic and alleged failure to mitigate when deciding how much reasonable notice damages were owed the plaintiff. In...more
6/21/2022
/ Canada ,
Damages ,
Employer Liability Issues ,
Employment Litigation ,
Employment Standards Act ,
Hiring & Firing ,
International Labor Laws ,
Labor Law Violations ,
Notice Requirements ,
Ontario ,
Wrongful Termination