As we entered a new decade in 2020, Canada saw significant developments in labour and employment law, some of which related to COVID-19. This Insight provides an overview of 14 key 2020 developments, with links to more...more
1/8/2021
/ Canada ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employment Standards Act ,
False Light ,
Hiring & Firing ,
Infectious Diseases ,
International Labor Laws ,
Invasion of Privacy ,
Layoffs ,
Leave of Absence ,
Relief Measures ,
Tort ,
Wage and Hour ,
Wage Subsidies Schemes ,
Wrongful Death
In Christian Labour Association of Canada v. Caressant Care Nursing & Retirement Homes (D. Randall), a union filed a group grievance on behalf of a number of its members working at an Ontario retirement home to challenge the...more
1/7/2021
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
International Arbitration ,
Ontario ,
Screening Procedures ,
Virus Testing ,
Workplace Safety
On January 1, 2021, Bill C-65, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1 (Bill C-65) and the Work...more
In Kaminsky v Janston Financial Group, 2020 ONSC 5320, Ontario’s Superior Court reminds employers they will not be entitled to plead cause in response to a wrongful dismissal claim if at the time of dismissal, the employer...more
In Abrams v. RTO Asset Management, 2020 NBCA 57 (Abrams), the New Brunswick Court of Appeal considered an employee’s appeal of a decision dismissing his action for damages in lieu of reasonable notice upon his job termination...more
On November 19, 2020, Ontario announced it had launched “inspection blitzes” to help stop the transmission of COVID-19 and keep workers safe. The inspections involve the deployment of provincial offences officers from...more
12/1/2020
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Failure to Comply ,
Health and Safety ,
Infectious Diseases ,
Ontario ,
Public Health ,
Regulatory Oversight ,
Safety Inspections ,
Workplace Safety
On November 20, 2020, Ontario announced that in order to stop the spread of COVID-19, Toronto and Peel (including the cities of Mississauga and Brampton) will move to the maximum Lockdown level restrictions in the Keeping...more
In Hetherington v Saskatchewan Liquor and Gaming Authority, 2020 SKQB 110, the Queen’s Bench for Saskatchewan considered the impact of an employee’s voluntary interruption of employment on her entitlement to common law...more
In Rutledge v. Canaan Construction Inc., 2020 ONSC 4246, Ontario’s Superior Court held, rather surprisingly, that a termination provision in an employment contract that has even a remote possibility of violating the...more
In Kim v. BT Express Freight Systems (2020), 317 A.C.W.S. (3d) 255, Ontario’s Superior Court confirmed that an employer may be liable for damages if it withdraws an accepted offer of employment or terminates employment...more
11/2/2020
/ Breach of Contract ,
Canada ,
Corporate Counsel ,
Damages ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Hiring & Firing ,
International Labor Laws ,
Ontario ,
Termination ,
Wrongful Termination
In George v. Laurentian Bank Securities Inc., 2020 ONSC 5415, one of the first decisions from Ontario’s Superior Court since the COVID-19 pandemic began, the court focused on an employee’s responsibilities rather than his...more
On October 9, 2020, in Matthews v. Ocean Nutrition Canada Ltd., 2020 SCC 26, the Supreme Court of Canada (SCC)—the highest court in the country—released a highly anticipated decision in an employee’s appeal of the Nova Scotia...more
10/22/2020
/ Bonuses ,
Canada ,
Compensation & Benefits ,
Constructive Discharge ,
Corporate Counsel ,
Damages ,
Employment Litigation ,
Hiring & Firing ,
Incentive Compensation ,
International Labor Laws ,
Motion to Set Aside the Verdict ,
Supreme Court of Canada ,
Wage and Hour
On October 2, 2020, the government of Ontario filed Ontario Regulation 546/20 (Regulation) made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. The Regulation came into force on October 3, 2020....more
10/9/2020
/ Canada ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
Health and Safety ,
Human Rights Code ,
Infectious Diseases ,
International Labor Laws ,
Masks ,
Ontario ,
Personal Protective Equipment ,
Public Health ,
Reasonable Accommodation ,
Workplace Safety
In response to the recent increase in COVID-19 cases in Ontario, the province has imposed health screening obligations on employers. On September 25, 2020, the province’s government filed Regulation 530/20, which was made...more
10/1/2020
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Infectious Diseases ,
International Labor Laws ,
Labor Regulations ,
Ministry of Health ,
Public Health Emergency ,
Risk Management ,
Screening Procedures
In Porcupine Opportunities Program Inc. v Cooper, 2020 SKCA 33 (Porcupine), the Saskatchewan Court of Appeal affirmed, among other things, that a trial court appropriately decided to award $20,000 in moral damages to an...more
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
The recent decision of the Ontario Court of Appeal in Manthadi v. ASCO Manufacturing, 2020 ONCA 485, analyzed the common law approach to the calculation of reasonable notice when a vendor terminates a worker’s employment in...more
8/20/2020
/ Asset Purchase Agreements ,
Asset Purchaser ,
Canada ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Hiring & Firing ,
International Labor Laws ,
Notice Requirements ,
Ontario ,
Successor Liability ,
Termination Clauses ,
Vendors
On July 24, 2020, Ontario’s new Bill 195, Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, became law. In accordance with Bill 195, Ontario’s Emergency Declaration has ended (subject to the provincial...more
8/18/2020
/ Canada ,
Coronavirus/COVID-19 ,
Emergency Orders ,
Employment Standards Act ,
Infectious Diseases ,
International Labor Laws ,
Layoffs ,
Leave of Absence ,
Ontario ,
Subsidies ,
Wage and Hour
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.
Employers must:
• provide each...more
8/13/2020
/ Canada ,
International Labor Laws ,
Labor Regulations ,
OHSA ,
Ontario ,
Policies and Procedures ,
Posting Requirements ,
Regulatory Requirements ,
Sexual Harassment ,
Training Requirements ,
Workplace Safety ,
Workplace Violence
The Canada Emergency Wage Subsidy (CEWS) is a 75% wage subsidy designed to encourage employers to retain employees during the COVID-19 crisis....more
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
On April 27, 2020, Ontario released a Framework for Reopening Our Province. This Framework contemplates the gradual reopening of the province in three stages, with each stage lasting for approximately two-to-four weeks to...more
7/16/2020
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Non-Essential Businesses ,
Ontario ,
Popular ,
Re-Opening Guidelines ,
Restaurant Industry ,
Retailers ,
Workplace Safety
On June 16, 2020, Ontario released a Guide to help employers satisfy their responsibilities under Ontario’s Occupational Health and Safety Act (OHSA) to take every precaution reasonable in the circumstances to protect workers...more
On June 17, 2020, in Waksdale v. Swegon North America Inc., the Ontario Court of Appeal rendered a decision pertaining to the enforceability of termination provisions in employment contracts. ...more
Canadian businesses have suffered severe financial distress due to COVID-19. Many employers have been forced to lay off their employees hoping they would only be required to do so temporarily. It has become clear that the...more