On February 18, 2022, Ontario’s Your guide to the Employment Standards Act (Guide) was updated to include two new chapters that provide guidance on recent amendments to the Employment Standards Act, 2000 (ESA) that first...more
British Columbia: Eligible Workers Entitled to Five Days of Paid Sick Leave Beginning January 1, 2022 -
New Legislation Enacted -
British Columbia announced that beginning January 1, 2022, workers covered by the...more
2/7/2022
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Employment Policies ,
Human Rights ,
Infectious Diseases ,
International Labor Laws ,
New Legislation ,
Sexual Harassment ,
Sick Leave ,
Supreme Court of Canada
With key public health indicators beginning to show signs of improvement and expected to continue, Ontario announced that commencing January 31, 2022, in the absence of concerning trends, it would begin to take steps to...more
1/21/2022
/ Canada ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
Ontario ,
Public Gatherings ,
Public Health Emergency ,
Re-Opening Guidelines ,
Relief Measures ,
Seating ,
Vaccine Passports ,
Workplace Safety
In 2021, Canada saw significant statutory and case law developments in labour and employment law, some of which related to COVID-19. This Insight provides an overview of key 2021 developments, with links to more detailed...more
12/17/2021
/ Canada ,
Corporate Counsel ,
Employer Liability Issues ,
Employer Mandates ,
Employment Discrimination ,
Employment Litigation ,
Hiring & Firing ,
International Labor Laws ,
Labor Reform ,
New Legislation ,
Unpaid Wages ,
Vaccinations ,
Wage and Hour ,
Workplace Harassment Guidance ,
Workplace Violence ,
Wrongful Termination
On December 7, 2021, Ontario announced it would extend the availability of Paid Infectious Disease Leave (Paid IDEL) until July 31, 2022, and the temporary relief measures from the termination and severance provisions of the...more
On November 19, 2021, in Amalgamated Transit Union, Local 113 v. Toronto Transit Commission and National Organized Workers Union v. Sinai Health System, 2021 ONSC 7658 (TTC/Sinai Decision), the Ontario Superior Court...more
12/1/2021
/ Arbitration ,
Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Grievance Process ,
Healthcare Workers ,
Hiring & Firing ,
Human Rights ,
Infectious Diseases ,
Injunctive Relief ,
International Labor Laws ,
Jurisdiction ,
Ontario ,
Unions ,
Vaccinations ,
Workplace Safety
Eligible Workers in British Columbia Entitled to Five Days of Paid Sick Leave Beginning January 1, 2022 -
On November 24, 2021, British Columbia announced that beginning January 1, 2022, workers covered by the province’s...more
On October 25, 2021, Ontario announced the introduction of Bill 27, Working for Workers Act, 2021 (Act) for First Reading. If passed, the Act would amend Ontario’s Employment Standards Act, 2000 (ESA) and other statutes in...more
With the Delta variant putting residents and staff in long-term care homes at risk of contracting COVID-19, on October 1, 2021, Ontario announced certain mandatory vaccination and randomized testing requirements....more
10/6/2021
/ Canada ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Healthcare Workers ,
Infectious Diseases ,
International Labor Laws ,
Long Term Care Facilities ,
Ontario ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
In Scott v. Community Living Temiskaming South, 2021 ONSC 5402 (Community Living), the court dismissed an employee’s claim for wrongful dismissal from his unionized position on the ground that it lacked jurisdiction to hear...more
9/30/2021
/ Arbitration ,
Canada ,
Collective Agreements ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Jurisdiction ,
Ontario ,
Statute of Limitations ,
Unions ,
Wrongful Termination
Ontario’s proof of vaccine requirement for patrons of certain indoor public settings commenced on September 22, 2021. In response to this new regime, as well as to the recent trend among employers to implement vaccination...more
9/27/2021
/ Canada ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Mandates ,
Human Rights Code ,
Infectious Diseases ,
Ontario ,
Public Health Emergency ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
On August 23, 2021, the British Columbia government announced that by order of the Provincial Health Officer, proof of vaccination will be required to access some events, services and businesses in the province. Patrons must...more
8/30/2021
/ Canada ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Entertainment Venues ,
Health and Safety ,
Infectious Diseases ,
Public Health Emergency ,
Restaurant Industry ,
Vaccinations ,
Vaccine Passports ,
Workplace Safety
On August 25, 2021, British Columbia announced that pursuant to an Order of the Provincial Health Officer, masks will again be required in all public indoor settings for those age 12 and older....more
8/30/2021
/ Canada ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
Personal Protective Equipment ,
Public Health Emergency ,
Workplace Safety
A new federal minimum wage of $15 per hour applicable to federally regulated employees in the private sector was included in the Budget Implementation Act, 2021, No. 1. ...more
In Kraft v. Firepower Financial Corp., 2021 ONSC 4962 (Firepower Financial), an employee brought a motion for summary judgment seeking 10 months’ salary in lieu of notice, commissions and bonuses, and holiday and vacation pay...more
British Columbia’s Office of the Human Rights Commissioner (BCOHRC) recently released A human rights approach to proof of vaccination during the COVID-19 pandemic (Guidance), which offers general advice on how employers and...more
8/17/2021
/ Canada ,
Coronavirus/COVID-19 ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Health and Safety ,
Human Rights ,
Infectious Diseases ,
International Labor Laws ,
Vaccinations ,
Workplace Safety
In Russell v. The Brick Warehouse LP, 2021 ONSC 4822 (The Brick Warehouse), on a motion for summary judgment in a wrongful dismissal action, the court awarded $25,000 in moral/aggravated damages because the employer breached...more
7/22/2021
/ Breach of Duty ,
Canada ,
Covenant of Good Faith and Fair Dealing ,
Employment Litigation ,
Employment Standards Act ,
Hiring & Firing ,
International Labor Laws ,
Labor Law Violations ,
Notice Requirements ,
Without Prejudice Privilege ,
Wrongful Termination
On July 9, 2021, Ontario announced that with improvements in key indicators relating to public health and health care, and the provincewide vaccination rate surpassing targets, it will be moving all Ontario regional health...more
On June 24, 2021, Ontario announced that with improvements in key indicators relating to public health and health care, and the provincewide vaccination rate surpassing targets, it will be moving to Step Two of its Roadmap to...more
6/29/2021
/ Canada ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
Ontario ,
Public Gatherings ,
Public Health Emergency ,
Re-Opening Guidelines ,
Seating ,
Workplace Safety
Employees in Canada who want to get vaccinated but lack a contractual or statutory right to paid time off to do so may be unable to afford the reduction in income that would ensue if they took time off work to get...more
On May 13, 2021, Ontario announced the extension of its Stay-at-Home Order, which was set to expire on May 19, 2021, until at least June 2, 2021. All public health and workplace safety measures under the provincewide...more
Last May, the government of Ontario filed Ontario Regulation 228/20 (IDEL Regulation) under the Employment Standards Act, 2000 (ESA). The Regulation provides that an employee in a non-unionized workplace who, any time during...more
5/4/2021
/ Canada ,
Common Law Claims ,
Constructive Discharge ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Employment Standards Act ,
Hiring & Firing ,
Infectious Diseases ,
International Labor Laws ,
Layoffs ,
Ontario
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
On April 20, 2021, Peel Public Health (Peel) and the City of Toronto Public Health (Toronto) announced they would be issuing Orders directing business closures in certain circumstances. These Orders, which have now been...more
In Labrador Recycling Inc. v. Folino, 2021 ONSC 2195 (Labrador Recycling), Ontario’s Superior Court denied an employer’s motion for an urgent injunction to restrain its former employee from competing with it contrary to the...more
4/22/2021
/ Anti-Competitive ,
Breach of Contract ,
Breach of Duty ,
Canada ,
Competition ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Fiduciary Duty ,
Injunctions ,
International Labor Laws ,
Ontario ,
Restrictive Covenants ,
Unenforceable Contract Terms