When the COVID-19 pandemic dramatically changed the state of the world in March 2020 and made employees’ normal childcare arrangements generally unavailable, Canadian employees (other than some essential workers) began to...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
In an anonymized decision, The Employee v. The University and another (No. 2), 2020 BCHRT 12, the British Columbia Human Rights Tribunal (BCHRT) decided that a comment a faculty member made to a university employee during a...more
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
The Canada Emergency Wage Subsidy (CEWS) is a 75% wage subsidy designed to encourage employers to retain employees during the COVID-19 crisis....more
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
In an effort to prevent the spread of COVID-19 and to protect the health, safety and well-being of its residents within enclosed public spaces, on June 30, 2020, the City of Toronto passed By-Law 541-2020 (“By-Law”). The...more
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 24, 2020, the federal government published Work Place Harassment and Violence Regulations (Regulations), which set out the requirements that federally-regulated employers will be required to meet in order to satisfy...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
Canadian businesses have suffered severe financial distress due to COVID-19. Many employers have been forced to lay off their employees hoping they would only be required to do so temporarily. It has become clear that the...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
The federal government first announced its Large Employer Emergency Financing Facility (LEEFF) program on May 11, 2020. The goal of this program is to provide bridge financing to large Canadian employers affected by COVID-19...more
On April 8, 2020, Prime Minister Justin Trudeau announced temporary changes to the Canada Summer Jobs program. The federal government’s purpose in making the changes is to help employers hire summer staff and provide young...more
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
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
Ontario: Bill 124, for a Sustainable Public Sector for Future Generations, Enacted -
New Legislation Enacted -
On November 7, 2019, the Ontario government passed Bill 124, the Protecting a Sustainable Public Sector for...more
1/31/2020
/ Canada ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Deadlines ,
Decriminalization of Marijuana ,
Hiring & Firing ,
International Labor Laws ,
Labor Reform ,
Labor Regulations ,
Minimum Wage ,
Ontario ,
Public Sector ,
Wage and Hour ,
Wages
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
With some Canada Labour Code (CLC) amendments in Bill C-44, the Budget Implementation Act, 2017, No. 1 (Bill 44) having come into force in 2017 and earlier in 2019, some additional amendments in Bill C-44 came into force as...more
10/25/2019
/ Canada ,
Damages ,
Disability Discrimination ,
Employee Definition ,
Employee Rights ,
Flexible Work Arrangements ,
Hiring & Firing ,
Holiday Pay ,
Incentive Compensation ,
Independent Contractors ,
International Labor Laws ,
Labor Regulations ,
Labour Code ,
Leave of Absence ,
Misclassification ,
Over-Time ,
Unions ,
Wage and Hour
A massive overhaul of the Canada Labour Code (CLC) is pending, with significant amendments coming into force on September 1, 2019, just prior to the Canadian federal election in October....more
7/24/2019
/ Canada ,
Corporate Counsel ,
Equal Pay ,
Flexible Work Arrangements ,
Independent Contractors ,
International Labor Laws ,
Labor Code ,
Labor Regulations ,
Leave of Absence ,
Maternity Leave ,
Misclassification ,
Over-Time ,
Parental Leave ,
Vacation Leave ,
Wage and Hour
Ontario: Amendments to Employment Standards Act and Labour Relations Act -
New Legislation Enacted -
Bill 66, Restoring Ontario’s Competitiveness Act, 2018, received Royal Assent on April 3, 2019, and amended the...more
7/23/2019
/ Canada ,
Domestic Violence ,
Employment Standards Act ,
Hiring & Firing ,
International Labor Laws ,
Labor Regulations ,
Labor Relations ,
Ontario Securities Commission (OSC) ,
Pay Equity Laws ,
Pay Gap ,
Sexual Harassment
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
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
Among other things, the Fair Workplaces Better Jobs Act, 2017 (Bill 148) significantly amended Ontario's Employment Standards Act, 2000 (ESA). Most of Bill 148’s ESA amendments came into force in 2018, with the remainder to...more
4/19/2019
/ Adoption ,
Appeals ,
Canada ,
Cannabis Products ,
Decriminalization of Marijuana ,
Disability Discrimination ,
Employment Standards Act ,
Harassment ,
Hiring & Firing ,
International Labor Laws ,
New Legislation ,
Parental Leave ,
Reasonable Accommodation ,
Same-Sex Marriage ,
Securities Fraud ,
Settlement Agreements ,
Undue Hardship ,
Whistleblowers