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Ontario Court Confirms Temporary Lay-Off Clause Is Distinct From Termination Clause

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In Taylor v Salytics Inc., 2025 ONSC 3461 (Taylor), the Ontario Superior Court of Justice emphasized the importance of a substance-over-form analysis in the interpretation of employment agreements, concluding that a temporary...more

Littler

Canada: Off-Duty Sexual Harassment May Still Trigger a Duty to Investigate

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In a significant decision for employers, the Ontario Court of Appeal in Metrolinx v. Amalgamated Transit Union, Local 1587, upheld the Divisional Court’s ruling that quashed an arbitrator’s decision reinstating five employees...more

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Beat the Heat: What Are Ontario’s OHSA Requirements for Working in the Heat?

Recently, sweltering summer heat settled over parts of Canada, especially in Ontario. There is good reason to believe that this will happen again this summer, and will impact both workers who are outside in the sun and those...more

Mintz - Employment Viewpoints

Attention Ontario Employers: Ontario Court of Appeal Upholds ESA Termination Clause in Bertsch v Datastealth Inc.

In a rare but significant “win” for employers, the Ontario Court of Appeal confirmed that an employer can enforce a termination provision limiting an employee’s entitlements strictly to the minimum standards under the...more

Blake, Cassels & Graydon LLP

Dates liées à la législation visant à œuvrer pour les travailleurs et nouvelles exigences pour les employeurs en Ontario

Le présent bulletin résume les principaux éléments des récents projets de loi relatifs à l’emploi qu’a adoptés l’Assemblée législative de l’Ontario et qui auront une incidence sur les employeurs en Ontario....more

Bennett Jones LLP

An “Exacting Standard”: the Enforceability of Termination Clauses and the “At Any Time” Conundrum

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Baker v Van Dolder’s Home Team Inc. (Baker) is the latest decision in Ontario to conclude that a termination provision permitting an employer to terminate, without cause, “at any time” is contrary to the Employment Standards...more

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Ontario, Canada Human Rights Tribunal Dismisses Probationary Employee’s Discrimination Claim

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In Karim v. Workplace Safety and Insurance Board, 2024 HRTO 1231, the Human Rights Tribunal of Ontario (HRTO) dismissed a probationary employee’s claim that they were discriminated against with respect to employment because...more

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Ontario, Canada Court Finds Employer Repudiated Employment Agreement When it Failed to Pay Employee’s Contractual Severance

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In Timmins v. Artisan Cells, 2025 CanLII 2387, Ontario’s Superior Court of Justice found, in an undefended claim, that the employers “by their correspondence and actions” repudiated the employee’s employment agreement when...more

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Ontario, Canada: February 27, 2025 — Some Employees May Be Entitled to Paid Time Off to Vote

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The 2025 Ontario provincial election will take place on February 27, 2025. Voters will elect their Member of Provincial Parliament to represent them at Queen’s Park. In most of the province, polls are open on election day...more

Bennett Jones LLP

Working for Workers Six Act, 2024: More Changes on the Horizon for Ontario’s Employment-Related Legislation

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On November 27, 2024, the Ontario government introduced Bill 229, Working for Workers Six Act, 2024 (Bill 229). This announcement comes just one-month after Ontario’s Working for Workers Five Act, 2024 (Bill 190) received...more

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Ontario, Canada: Bill 190, Working for Workers Five Act, 2024 Receives Royal Assent

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On October 28, 2024, Ontario’s Bill 190, Working for Workers Five Act, 2024 (Bill 190), received Royal Assent. Among other things, Bill 190 amends the Employment Standards Act, 2000 (ESA), Occupational Health and Safety...more

Miller Canfield

Key Takeaways from Ontario's Working for Workers Act Four, 2023

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In November 2023, the Government of Ontario passed Bill 149, the Working for Workers Four Act, 2023 (the “Act”). The Act places new obligations and prohibitions on employers, and intends to strengthen Ontario’s employee...more

Littler

Ontario, Canada Introduces Bill Prohibiting Strike by School Board Employees Represented by CUPE

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UPDATE: On November 3, 2022, Bill 28, Keeping Students in Class Act, 2022, received Royal Assent. On October 31, 2022, in an unprecedented bid to prevent school board employees represented by the Canadian Union of Public...more

Littler

Ontario, Canada: Some Employees May Be Entitled to Paid Time Off to Vote in June 2nd Provincial Election

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The 2022 Ontario general election will take place on June 2, 2022.  Voters will elect members of the provincial government to serve in the Legislative Assembly. Under Ontario’s Election Act, every employee who is...more

Stikeman Elliott LLP

More Ontario Updates: Bill 88 Receives Royal Assent, Minimum Wage to Increase October 1, 2022

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On April 11, 2022, the Ontario government’s Bill 88, the Working for Workers Act, 2022 (“Bill 88”), received royal assent. Earlier this year, we wrote about Bill 88 on this blog, when it was still at second reading. In...more

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Ontario, Canada: Working for Workers Act, 2022 Introduced and Carried at First Reading

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On the heels of the passage of the Working for Workers Act, 2021, Ontario introduced Bill 88, Working for Workers Act, 2022 (Bill 88) on February 28, 2022, and carried it at First Reading....more

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Ontario, Canada to Introduce Legislation Requiring Employers to Disclose Electronic Monitoring of Workers

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On February 24, 2022, Ontario announced that later this month, in an effort to protect the privacy of employees, it will be the first province to introduce legislation requiring employers to tell their workers if and how they...more

Stikeman Elliott LLP

Mandatory Vaccines: Another Policy Upheld in Ontario

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In Bunge Hamilton Canada, Hamilton, Ontario v. United Food and Commercial Workers Canada, Local 175, the arbitrator found that a mandatory vaccination policy requiring unvaccinated unionized employees to be placed on unpaid...more

Littler

Ontario, Canada: Another Arbitrator Upholds a Mandatory COVID-19 Vaccination Policy

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In Bunge Hamilton Canada, Hamilton, Ontario v. United Food and Commercial Workers Canada, Local 175 (Bunge), Arbitrator Robert J. Herman dismissed a union grievance challenging the employer’s mandatory COVID-19 vaccination...more

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Ontario, Canada Arbitrator Deems Employer’s Mandatory COVID-19 Vaccination Policy Unreasonable

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On November 11, 2021, only two days after Arbitrator Von Veh upheld a mandatory vaccination policy in United Food and Commercial Workers Union, Canada Local 333 v. Paragon Protection Ltd. (Paragon), Arbitrator Stout struck...more

Bennett Jones LLP

Ontario Introduces Employee-Friendly Legislation Which Includes Prohibition on Non-Competes

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The Ontario government introduced legislation on October 25, 2021, which if passed, will prohibit non-competes in employment agreements, mandate that employers have a "disconnect from work" policy and require temporary help...more

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Court of Appeal Clarifies the Doctrine of Common Employer Liability, Holds Director Personally Liable

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The Ontario Court of Appeal recently clarified that common employer liability on an interrelated corporation requires objective evidence of an intention to create an employer/employee relationship between the employee and the...more

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Ontario, Canada Releases Details About Employer Reimbursement Process for Paid COVID-19 Leave

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Ontario recently enacted Bill 284, COVID-19 Putting Workers First Act, 2021, which amended the Employment Standards Act, 2000 (ESA) to require employers to provide employees up to three days’ pay if they miss work for certain...more

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Ontario, Canada Mandatory Policies, Training and Postings—Are You In Compliance? March 2019

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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

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Changes to Ontario, Canada's Employment Standards Act and Labour Relations Act Keep on Coming

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On December 6, 2018, Bill 66, Restoring Ontario’s Competitiveness Act, 2018 (“Bill 66”), passed First Reading. If Bill 66 is passed in its current form, it will impact several statutes in the province. ...more

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