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Canada’s Safe Restart Program Will Provide Workers 10 Job-protected Paid Sick Days Related to COVID-19

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

Toronto, Canada Requires Masks Within Enclosed Public Spaces

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

Canada: New Work Place Harassment and Violence Prevention Regulations for Federally-Regulated Work Places Come into Force January...

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

Bill C-17 Proposes Changes to the Canada Emergency Wage Subsidy (CEWS) and the Canada Emergency Response Benefit (CERB)

On June 10, 2020, the federal government introduced Bill C-17, An Act respecting additional COVID-19 measures, for first reading.  If passed in its current form, Bill C-17 would, among other things, make changes to the Canada...more

COVID-19 and Work Refusals as Canada Reopens: Legal and Practical Considerations

Although Canadian employers that provide essential services have remained open since the first days of the COVID-19 pandemic, other employers were required to close their physical operations. Despite this, the nature of the...more

Government of Ontario, Canada Issues New Regulation Favourable to Employers During the COVID-19 Pandemic

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

Canada: COVID-19 and Recalling Employees Back to Work from a Temporary Layoff

Many Canadian employers implemented temporary layoffs due to the devastating financial impact of the COVID-19 crisis. These employers are entitled to recall their employees back to work at any point in time prior to the...more

Canada: Eligibility for the Canada Emergency Response Benefit (CERB) Expanded

On March 25, 2020, the Government of Canada announced that the Canada Emergency Response Benefit (CERB) would be available to support workers and businesses during the COVID-19 pandemic....more

Canada: Temporary Changes Made to Canada Summer Jobs program in Response to COVID-19 Pandemic

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

Ontario, Canada: At Critical Moment in Fight to Stop Spread of COVID-19, Government Narrows List of Essential Businesses

On March 23, 2020, the Government of Ontario ordered the mandatory closure of all non-essential workplaces effective March 24, 2020 at 11:59 p.m. On April 3, 2020, in response to the advice of Ontario’s Chief Medical Officer...more

Canada: Federal Government to Provide 75% Wage Subsidy to Employers

On March 30, 2020, the federal government revealed additional details about the 75% wage subsidy it will provide to employers, first announced on March 27, 2020. ...more

Ontario, Canada: Government Enacts Job-Protected Leave in Response to COVID-19 Crisis

In response to the escalating COVID-19 crisis, on March 17, 2020, the Government of Ontario declared an emergency under the Emergency Management and Civil Protection Act.  Two days later, Ontario’s Legislature held an...more

Canada: Federal Court of Appeal Affirms Federally Regulated Employees Can Make Unjust Dismissal Complaints after Signing Releases

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

Canadian Employers and the Coronavirus

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

Ontario, Canada: New “False Light” Privacy Tort and How It Might Impact Employers

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

15 Key Developments in Canadian Labour & Employment Law in 2019

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

Deal or no Deal? Ontario, Canada Court Determines Employer and Employees Agreed to Settlement Absent Written Contract

In a recent appeal to the Divisional Court of Ontario’s Superior Court in Shete, Lada, and Chung v. Bombardier Inc., 2019 ONSC 4083, the court applied the most basic principle that serves as the foundation of common law...more

CANADA: How Can Employers Mitigate Liability for Incidents Related to Alcohol or Cannabis Consumption at Holiday Parties?

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

Canadian Employers Must Navigate a Patchwork of Family Status Accommodation Requirements

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

The Legal Landscape for Canadian Employers One Year after Legalization of Cannabis

With Canada’s federal election fast approaching, Canadians will also be marking the anniversary of a major legislative change that has had a significant impact on the employment law landscape in this country: the legalization...more

Canada: Federally Regulated Employees Can Make Unjust Dismissal Complaints Even After Signing Releases and Settlement Agreements

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

Ontario, Canada: Legislative Changes in Bill 36 Seek to Make Cannabis a Public Issue

You witness a group of your employees exit the workplace on their break, gather on a public sidewalk and begin to smoke what appears to be cannabis. How do you respond?...more

Ontario Court of Appeal Upholds Moral Damages, Human Rights Damages, and High Legal Cost Award in Wrongful Dismissal Case

In a new Ontario Court of Appeal case, the appellate court upheld the trial court’s judgment in favor of the plaintiff in the amount of $60,000 for moral damages, $55,849 for wrongful dismissal, $25,000 in human rights...more

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