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
6/15/2020
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Non-Essential Businesses ,
Ontario ,
Re-Opening Guidelines ,
Restaurant Industry ,
Retailers ,
Return-to-Work Agreements ,
Workplace Safety
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
On May 27, 2020, Ontario updated its COVID-19 Self-Assessment Tool (Tool), which was originally launched in March 2020. The interactive Tool requires users to respond to a series of questions and, based on their responses,...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
The federal government first announced its Large Employer Emergency Financing Facility (LEEFF) program on May 11, 2020. The goal of this program is to provide bridge financing to large Canadian employers affected by COVID-19...more
On May 8, 2020, the federal government of Canada clarified through Q&A guidance that the Employment Insurance (EI) rules allowing employers to make additional (“top up”) payments to workers through Supplementary Unemployment...more
On May 11, 2020, Prime Minister Justin Trudeau announced that, as part of its COVID-19 Economic Response Plan, the federal government will establish the Large Employer Emergency Financing Facility (LEEFF) program. ...more
On April 30, 2020, in anticipation of the gradual reopening of its economy, Ontario announced that it had released safety guidelines to enable employers to protect workers, customers, and the general public. The guidelines...more
In Canada, the easing of restrictions due to the COVID-19 pandemic is determined by each individual province or territory. A number of provincial governments have announced how they plan to gradually ease restrictions with a...more
Earlier this month, the Canadian federal government introduced and passed Bill 14, A second Act respecting certain measures in response to COVID-19, which, among other things, amends the Income Tax Act to create the Canada...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 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
On March 25, 2020, the Government of Canada announced the Canada Emergency Response Benefit (CERB) to support workers and businesses during the COVID-19 pandemic....more
Cormier v. 1772887 Ontario Limited (St. Joseph Communications) (“St. Joseph”), 2019 ONCA 965, is an appeal from a summary judgment motion arising from the wrongful dismissal claim of a contractor who worked for St. Joseph for...more
2/26/2020
/ Appeals ,
Canada ,
Contract Terms ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Standards Act ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
International Labor Laws ,
Notice Requirements ,
Ontario ,
Regulatory Requirements ,
Summary Judgment ,
Termination Clauses ,
Wrongful Termination
In Canada Post Corp. v. Canadian Union of Postal Workers, 2019 SCC 67, one of the last decisions of the Supreme Court of Canada (“SCC”) in 2019, the court clarified the extent of a federally-regulated employer’s inspection...more
1/22/2020
/ Appeals ,
Canada ,
Corporate Counsel ,
Employer Rights ,
Failure to Comply ,
Federal Employees ,
Health and Safety ,
Inspection Rights ,
Labour Code ,
Safety Inspections ,
Supreme Court of Canada ,
Workplace Safety
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
It is rare for an employment law case to come before the highest court in Canada. One of 2019’s most significant developments was the Supreme Court of Canada’s decision to consider an employee’s appeal of the Nova Scotia...more
12/17/2019
/ Appeals ,
Canada ,
Compensation & Benefits ,
Contract Terms ,
Corporate Bonuses ,
Corporate Counsel ,
Duty of Trust ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Ethics ,
Good Faith ,
Incentive Compensation ,
Leave to Appeal ,
Supreme Court of Canada
The Canadian federal election is just around the corner—Monday, October 21, 2019 (Election Day). The Canada Elections Act sets out the law regarding employees’ voting entitlements on Election Day, as well as employer...more
A recent Supreme Court of Canada (SCC) decision considered whether a franchisee who entered into a franchise agreement with a franchisor was an employee or an independent contractor. The fact-specific case, Modern Cleaning...more
8/1/2019
/ Appeals ,
Canada ,
Corporate Counsel ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Franchise Agreements ,
Franchises ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Risk Management ,
Supreme Court of Canada ,
Wage and Hour
A massive overhaul of the Canada Labour Code (CLC) is pending, with significant amendments coming into force on September 1, 2019, just prior to the Canadian federal election in October....more
7/24/2019
/ Canada ,
Corporate Counsel ,
Equal Pay ,
Flexible Work Arrangements ,
Independent Contractors ,
International Labor Laws ,
Labor Code ,
Labor Regulations ,
Leave of Absence ,
Maternity Leave ,
Misclassification ,
Over-Time ,
Parental Leave ,
Vacation Leave ,
Wage and Hour
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
6/25/2019
/ Accessibility Rules ,
Canada ,
Employee Training ,
Employer Liability Issues ,
Health and Safety ,
International Labor Laws ,
Labor Regulations ,
OHSA ,
Ontario ,
Posting Requirements ,
Sexual Harassment ,
Workplace Safety
When an Ontario employee executes a well-drafted release of claims upon termination, there may still be a risk that a court will conclude the release is unenforceable because it is unconscionable....more
A recent decision of the Court of Appeal of Ontario, Colistro v. Tbaytel, 2019 ONCA 197, puts employers in Ontario on notice that if they re-hire an employee who has a history of victimizing a current employee by sexual...more
5/2/2019
/ Bad Faith ,
Canada ,
Constructive Discharge ,
Disability Benefits ,
Dismissals ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Pain and Suffering ,
PTSD ,
Reasonable Accommodation ,
Sexual Harassment ,
Supreme Court of Canada
The Court of Appeal for Ontario recently rendered a decision in Ruston v. Keddco MFG. (2011) Ltd., 2019 ONCA 125, which serves as a cautionary tale for employers whose termination conduct reveals that they do not take their...more