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Employment Standards Act to Require Licensing of Temporary Help Agencies: The New Regime at a Glance

As of January 1, 2024, the Employment Standards Act will require temporary help agencies to be licensed by the Ministry of Labour in order to operate. The Ontario government previously amended the Employment Standards Act in...more

Ontario Superior Court on the Enforceability of Termination Provisions in Employment Agreements

A Question of Mixed Fact and Law - In a decision for which leave to appeal was denied by the Divisional Court, the Ontario Superior Court of Justice recently confirmed that a Rule 21 motion, seeking a determination of a...more

Trends in Canadian Wrongful Dismissal Cases

How Recent Decisions Signal a Potentially Expanded Approach to Aggravated and Punitive Damages - Two recent decisions: Moffatt v Prospera Credit Union [Moffat], from the British Columbia Supreme Court, and Russell v The...more

The Clock’s Ticking: Ontario Court of Appeal Dismisses Bank’s Appeal in Overtime Class Action

After nearly 15-years of protracted litigation, the Ontario Court of Appeal recently dismissed the Canadian Imperial Bank of Commerce’s appeal of Justice Belobaba’s trio of decisions, released in 2020, finding that CIBC’s...more

Context Matters: Another Mandatory Vaccination Policy Upheld by an Ontario Arbitrator

In an effort to curb the spread of COVID-19 in the workplace, and in accordance with public health guidance, many Ontario employers have implemented vaccination policies over the past year....more

Responding to Requests for Religious Exemptions to Vaccination Policies

In an effort to mitigate the spread of COVID-19 in the workplace, many employers are implementing vaccination requirements for employees. Vaccination policies are employer specific and vary widely in terms of their particular...more

Challenging Mandatory Vaccination Policies in Ontario: Arbitrators Take a First Look and Reach Differing

There are now three recent Ontario arbitration decisions that address whether an employer may require its unionized employees to be vaccinated. While directly relevant to unionized employers, given the lack of case law...more

Supreme Court Confirms Labour Arbitrators Have Exclusive Jurisdiction Over Human Rights Complaints in Unionized Workplaces

The Supreme Court of Canada recently confirmed that, subject to express legislative intent to the contrary, where labour legislation provides for the final settlement of disputes arising from a collective agreement, the...more

Contradictory Decisions: Ontario Judges on Infectious Disease Emergency Leave

Last month, we wrote about a recent decision of the Ontario Superior Court in Coutinho v Ocular Health Centre, which found that employees placed on a temporary leave under O. Reg 228/20 Infectious Disease Emergency Leave (the...more

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

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

Infectious Disease Emergency Leave Does Not Shield an Employer From Constructive Dismissal at Common Law

A recent decision of the Ontario Superior Court has dealt yet another blow to employers in the wake of the ongoing COVID-19 pandemic. The decision of Justice D.A. Broad in Coutinho v Ocular Health Centre, released April 27,...more

Highly Confidential Data—A Cybersecurity Risk for Cannabis Related Businesses

Cybersecurity is a significant business risk for any organization that collects personal data. The greater the amount of personal data collected by an organization, the greater the risk that it will be targeted by...more

Cybersecurity Obligations of Directors - Guidance from the United States Decisions

Your organization will in all likelihood suffer a cyberattack. According to a recent study by Accenture, the average Canadian organization faces about 96 cyberattacks per year, nearly one third of which result in a security...more

Cybersecurity: 2017 Report & 2016 Reflections - What Businesses and Boards Need to Know

In 2016, cybersecurity continued to grow as a primary business risk for companies worldwide. Data breaches continued to escalate both in number and magnitude and the landscape of legal and regulatory liability evolved and...more

Cybersecurity: United States Federal Trade Commission Strikes Again

The United States Federal Trade Commission ("FTC") strikes again. In the action by the FTC involving the cybersecurity breach of Toronto-based AshleyMadison.com (operated by Ruby Corp. and hereafter referred to as "Ashley...more

Rise of Ransomware Attacks in Canada: Businesses Beware

Cybersecurity attacks through the use of ransomware are an increasing threat to Canadian businesses. Ransomware is a malicious software that is secretly installed on a target’s computer and encrypts files, making them...more

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