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British Columbia, Canada Releases and Commences Four-Step Restart Plan

On May 25, 2021, British Columbia released a four-step COVID-19 reopening plan, Restart: A plan to bring us back together.  To move through the steps, British Columbia looks for...more

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

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

Alberta, Canada Releases and Commences Three-Stage Open for Summer Plan

On May 25, 2021, Alberta released its Open for Summer Plan (Opening Plan), which eases COVID-19 restrictions in three stages.  Each stage is reached as COVID-19 vaccination targets are reached and hospitalizations decline.  ...more

Ontario, Canada Releases Three-Step Roadmap to Reopen

On May 20, 2021, Ontario released its long-awaited Roadmap to Reopen (Roadmap), a three-step plan to safely and gradually reopen the province and loosen certain public health restrictions. ...more

British Columbia, Canada Introduces Temporary COVID-19-Related Paid Leave and Permanent Paid Personal Illness or Injury Leave

On May 11, 2021, British Columbia (BC) announced that it had introduced Bill 13, Employment Standards Amendment Act (No. 2), 2021 (Bill 13) for first reading. Bill 13 received Royal Assent on May 20, 2021. Bill 13 amends the...more

Ontario, Canada Announces it Will Introduce Paid COVID-19 Leave

On April 28, 2021, Ontario announced in a News Release that it will soon introduce legislation that, if passed, would require employers to pay employees up to $200 per day for up to three days if they miss work for reasons...more

Ontario, Canada Imposes Additional COVID-19 Restrictions

On April 16, 2021, Ontario announced a two-week extension of its third declaration of emergency and its second Stay-at-Home order, and that in response to the rapid increase of COVID-19 case rates and pressure on the health...more

Ontario, Canada: Peel Public Health Announces Expedited Business Closures

On April 20, 2021, the Medical Officer of Health in the Peel Public Health Region (Peel) announced that an Order would be issued directing businesses with five or more cases of COVID-19 in the previous 14 days to close for 10...more

Ontario, Canada Court Decides Exceptional Circumstances Exist to Justify Notice Period Exceeding 24 Months for a Long-term...

In Currie v. Nylene Canada Inc., 2021 ONSC 1922, Ontario’s Superior Court held that “exceptional circumstances” existed to justify making an award that exceeded the 24-month “high end” amount of reasonable notice for...more

Ontario, Canada Declares Third Provincial Emergency and Enacts Stay-at-Home Order

In response to the rapid increase in COVID-19 cases, concerns over hospital intensive care unit capacity, and the increasing risk to the public caused by COVID-19 variants, on April 7, 2021, Ontario announced the declaration...more

Human Rights Tribunal of Ontario, Canada Provides Employers with Roadmap for Responding to Requests for Exemptions from...

In Sharma v. Toronto (City), 2020 HRTO 949, the Human Rights Tribunal of Ontario (HRTO) provides a roadmap for how employers should determine whether they are required to accommodate employees and customers who seek...more

Rising COVID-19 Cases and Hospitalizations Lead to Ontario, Canada Shutdown

With COVID-19 cases and hospitalizations rising in Ontario at a concerning pace due to the rapid transmission of new variants, on April 1, 2021, the province filed Ontario Regulation 240/21 under the Reopening Ontario (A...more

Ontario, Canada Superior Court Determines Employee Misconduct Did Not Justify Dismissal for Cause Without Notice

In Czerniawski v. Corma Inc., 2021 ONSC 1514, the Ontario Superior Court of Justice concluded that a long-term employee’s misconduct did not justify dismissal for cause without notice. The court awarded 19 months’ common law...more

It is Now Easier for Organizations in Ontario, Canada to Offer Private Rapid COVID-19 Testing of Asymptomatic Employees

In a News Release dated March 17, 2021, Ontario announced it was removing regulatory restrictions to make it easier for organizations to conduct on-site COVID-19 testing in the workplace. Asymptomatic employees can now...more

Should Employers in Ontario, Canada Provide Employees with Paid Time Off to Get a COVID-19 Vaccine?

With increasing concerns over COVID-19 variants and the recent acceleration of the COVID-19 vaccination rollout to Ontario’s public, Ontario Premier Doug Ford was recently asked if the Government of Ontario would consider...more

Ontario, Canada Court of Appeal Confirms Corporate Directors May Face Statutory Claims for Unpaid Wages in Wrongful Dismissal...

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

Ontario, Canada Court Denies Employer’s Request to Remove Allegedly Defamatory Social Media Posts Pending Defamation Trial

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

Ontario: Requirements for Mandatory Policies, Training and Postings - March 2021

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

Ontario, Canada: Superior Court Considers Impact of COVID-19 on Employee’s Reasonable Notice Entitlement

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

Ontario, Canada Moves to Regional Approach for Stay-at-Home Orders

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

Ontario, Canada: New and Updated Guidance for Businesses Required to Have a Written COVID-19 Safety Plan

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

Ontario, Canada: Court of Appeal Upholds $1.27 Million Damage Award for Constructive Dismissal

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

Supreme Court of Canada Expands Duty of Honest Performance in Contract

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

Ontario, Canada Declares Provincial Emergency and Imposes Stay-at-Home Order

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

Canada: Toronto Employers Required to Take Additional Measures to Minimize Spread of COVID-19 in Workplaces

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

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