The Ontario Court of Appeal’s (OCA) recent decision in Abbasbayli v. Fiera Foods Company, 2021 ONCA 95 (Fiera Foods) reminds corporate directors that: (a) an employee may be able to make a claim against them in a wrongful...more
Regardless of social media policies establishing expectations for employee conduct online, online harassment is still a prevalent issue in the workplace as well as in society more generally. ...more
3/11/2021
/ Anti-Harassment Policies ,
Canada ,
Corporate Counsel ,
Cyber-Stalking ,
Defamation ,
Harassment ,
Internet Speech ,
Online Platforms ,
Reputation Management ,
Social Media ,
Tort
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
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.
...more
In a recent decision of the Ontario Superior Court of Justice, Iriotakis v. Peninsula Employment Services Limited, 2021 ONSC 998 (Peninsula Employment), the court considered factors unique to the COVID-19 pandemic in...more
In 2020, the Supreme Court of Canada (SCC) heard arguments in Wastech Services Ltd. v. Greater Toronto Sewage and Drainage District, 2021 SCC 7 (Wastech) and C.M. Callow Inc. v. Zollinger, 2020 SCC 45 (Callow), both of which...more
On February 8, 2021, Ontario issued a news release announcing that it would be moving to a regional approach regarding its COVID-19 response. Most regions are maintaining the province’s shutdown, stay-at home order, and...more
In its January 2021 newsletter, What’s New, Ontario’s Ministry of Labour, Training and Skills Development provides new and updated guidance for businesses that are required to have a written safety plan, including all...more
In McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), 2020 ONCA 816 (McGuinty), the Court of Appeal for Ontario upheld the Ontario Superior Court’s decision to award an employee one of the highest damage awards ever...more
The Supreme Court of Canada (SCC) recently issued a decision expanding the duty of honest performance, which applies to parties to all contracts, by holding that they cannot knowingly deceive one another about matters...more
On January 12, 2021, the Office of the Premier of Ontario announced that in response to modelling data showing the province is in a COVID-19 crisis and its hospitals’ Intensive Care Units will be overwhelmed in a few weeks, a...more
On January 4, 2021, Toronto’s Medical Officer of Health issued Toronto Public Health Instructions for Workplaces (Instructions), addressed to “All Employers and Persons Responsible for a Business or Organization in the City...more
1/11/2021
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
International Labor Laws ,
Re-Opening Guidelines ,
Regulatory Requirements ,
Risk Management ,
Sick Employees ,
Workplace Safety
On January 6, 2021, Canada’s federal government issued a News Release announcing the issuance of an Interim Order by its Minister of Transport, the Honourable Marc Garneau....more
1/11/2021
/ Canada ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Health and Safety ,
Infectious Diseases ,
International Travel ,
Public Health ,
Quarantine ,
Screening Procedures ,
Travel Restrictions ,
Traveling Employee ,
Virus Testing
As we entered a new decade in 2020, Canada saw significant developments in labour and employment law, some of which related to COVID-19. This Insight provides an overview of 14 key 2020 developments, with links to more...more
1/8/2021
/ Canada ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employment Standards Act ,
False Light ,
Hiring & Firing ,
Infectious Diseases ,
International Labor Laws ,
Invasion of Privacy ,
Layoffs ,
Leave of Absence ,
Relief Measures ,
Tort ,
Wage and Hour ,
Wage Subsidies Schemes ,
Wrongful Death
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 Garda Security Screening Inc. v. IAM, District 140 (Shoker Grievance) [2020] O.L.A.A. No. 162 (Garda Grievance), a labour arbitrator dismissed a grievance pertaining to the for-cause dismissal of a unionized employee who...more
Two recent decisions of the British Columbia Human Rights Tribunal (BCHRT) applied the strict standard test for family status discrimination established by the British Columbia Court of Appeal (BCCA) in Health Sciences...more
On January 1, 2021, Bill C-65, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1 (Bill C-65) and the Work...more
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, 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
On November 20, 2020, Ontario announced that in order to stop the spread of COVID-19, Toronto and Peel (including the cities of Mississauga and Brampton) will move to the maximum Lockdown level restrictions in the Keeping...more
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