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 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 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
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
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
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
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
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
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
4/6/2020
/ Business Closures ,
Business Interruption ,
Canada ,
Construction Project ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Dispensaries ,
Emergency Management Plans ,
Ontario ,
Operators of Essential Services ,
State and Local Government
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
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
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
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
2/19/2020
/ Bereavement Leave ,
Best Practices ,
Canada ,
China ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employee Benefits ,
Employer Liability Issues ,
Infectious Diseases ,
International Travel ,
Leave of Absence ,
Medical Leave ,
OHSA ,
Paid Family Leave Law ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Sick Leave ,
Travel Restrictions ,
Traveling Employee ,
Wage and Hour ,
Workplace Safety
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
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
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
12/20/2019
/ Canada ,
Common Law Claims ,
Contract Terms ,
Dispute Resolution ,
Employment Standards Act ,
Legal Fees ,
Ontario ,
Reimbursements ,
Settlement Agreements ,
Settlement Negotiations ,
Statement of Claim ,
Termination ,
Wage and Hour ,
Wrongful Termination
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
12/3/2019
/ Best Management Practices ,
Canada ,
Cannabis Products ,
Drunk Driving ,
Employee Misconduct ,
Employer Liability Issues ,
Employment Policies ,
Harassment ,
Holiday Parties ,
Holidays ,
Human Rights ,
Marijuana ,
OHSA ,
Recreational Use ,
Risk Management ,
Sexual Harassment ,
Wine & Alcohol
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
10/21/2019
/ Appeals ,
Canada ,
Elder Care ,
Employee's Childcare ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Family Status Discrimination ,
Flexible Work Arrangements ,
Judicial Review ,
Ontario Human Rights Tribunal ,
Reasonable Accommodation ,
Wage and Hour ,
Work Schedules
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
10/2/2019
/ Canada ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Corporate Counsel ,
Decriminalization of Marijuana ,
Disclosure Requirements ,
Employer Liability Issues ,
Marijuana ,
Reasonable Accommodation ,
Undue Hardship ,
Workplace Safety
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
It appears there is a movement afoot in Ontario to change behavior around the classification of employees as independent contractors. ...more
3/5/2019
/ Canada ,
Class Action ,
Employee Definition ,
Employer Liability Issues ,
Employment Standards Act ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Ontario ,
Rulemaking Process ,
Wage and Hour
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
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