On April 19, 2021, Canada released its 2021 budget. Budget provisions impacting employers include those that extend certain business support programs implemented in response to COVID-19; expand access to Employment Insurance...more
On November 17, 2020, Canada’s federal Minister of Innovation, Science and Industry introduced Bill C-11, An Act to enact the Consumer Privacy Protection Act and the Personal Information and Data Protection Tribunal Act and...more
Regardless of social media policies establishing expectations for employee conduct online, online harassment is still a prevalent issue in the workplace as well as in society more generally. ...more
3/11/2021
/ Anti-Harassment Policies ,
Canada ,
Corporate Counsel ,
Cyber-Stalking ,
Defamation ,
Harassment ,
Internet Speech ,
Online Platforms ,
Reputation Management ,
Social Media ,
Tort
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 Quach v. Mitrux Services Ltd., 2020 BCCA 25 (Quach), the British Columbia Court of Appeal overturned the trial court’s decision to award aggravated damages to an individual whose job was terminated before his employment...more
The purpose of the Accessibility for Ontarians with Disabilities Act (AODA) is to develop, implement and enforce accessibility standards to achieve accessibility for Ontarians with disabilities, with respect to goods,...more
On November 3, 2020, Ontario announced a new COVID-19 Response Framework, Keeping Ontario Safe and Open (New Framework) that will be approved by Cabinet on November 6, 2020. Public health units will be transitioned to the...more
11/9/2020
/ Canada ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
Government Lockdown ,
Health and Safety ,
Infectious Diseases ,
International Labor Laws ,
Non-Essential Businesses ,
Ontario ,
Public Health ,
Restaurant Industry ,
Retailers ,
Workplace Safety
On October 20, 2020, Ontario introduced Bill 218, Supporting Ontario’s Recovery and Municipal Elections Act, 2020 (Bill 218) for First Reading. Bill 218, which would provide employers with a degree of liability protection...more
The Ontario Superior Court recently issued a decision in Sewell v. Provincial Fruit Co. Limited, 2020 ONSC 4406 (Sewell), applying the reasoning set forth in the Ontario Court of Appeal (OCA) decision, Waksdale v. Swegon...more
10/7/2020
/ Canada ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Standards Act ,
Hiring & Firing ,
International Labor Laws ,
Just Cause ,
Ontario ,
Termination Clauses
To help Canadians through the next phase of recovery, on August 20, 2020, Canada’s federal government announced that it would transition those receiving the Canada Emergency Response Benefit (CERB) to a more flexible and...more
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
On June 4, 2020, in International Brotherhood of Electrical Workers, Local 1620 v. Lower Churchill Transmission Construction Employers’ Association Inc., 2020 NLCA 20 (“International Brotherhood”), the Court of Appeal of...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
On May 15, 2020, the Canadian federal government announced several actions relating to the Canada Emergency Wage Subsidy (CEWS) program. As previously discussed, CEWS is a 75% wage subsidy program to encourage employers to...more
Most workplaces in Canada are subject to provincial or territorial occupational health and safety (OHS) legislation. Federally regulated workplaces are governed by the federal OHS laws set out in Part II of the Canada Labour...more
In response to the COVID-19 crisis, the governments of a number of jurisdictions in Canada have amended their employment standards legislation to entitle employees to emergency unpaid job-protected leave when they are unable...more
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
In response to the COVID-19 crisis, the Federal Government of Canada has made changes to Employment Insurance (EI) Sickness Benefits and its Work-Sharing Program to assist eligible employers and employees. Details are...more
On March 16, 2020, Premier Doug Ford and Monte McNaughton, Minister of Labour, Training and Skills Development, announced that the Ontario government intends to introduce legislation that, if passed, would immediately provide...more
3/18/2020
/ Canada ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Legislative Agendas ,
Public Health ,
Quarantine ,
Sick Leave ,
Workplace Safety
Whether a wrongfully dismissed employee is entitled to damages as compensation for the value of incentives that would have vested during the reasonable notice period is frequently litigated in Canada....more
2/27/2020
/ Ambiguous ,
Bonuses ,
Canada ,
Compensation & Benefits ,
Contract Drafting ,
Contract Terms ,
Damages ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Incentive Compensation ,
Incentive Stock Options ,
Ontario ,
Summary Judgment ,
Wrongful Termination
Ontario: Bill 124, for a Sustainable Public Sector for Future Generations, Enacted -
New Legislation Enacted -
On November 7, 2019, the Ontario government passed Bill 124, the Protecting a Sustainable Public Sector for...more
1/31/2020
/ Canada ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Deadlines ,
Decriminalization of Marijuana ,
Hiring & Firing ,
International Labor Laws ,
Labor Reform ,
Labor Regulations ,
Minimum Wage ,
Ontario ,
Public Sector ,
Wage and Hour ,
Wages
In Teamsters Local Union 847 v Maple Leaf Sports and Entertainment, 2019 CanLII 95328 (ON LA), a part-time restaurant employee in Ontario, Canada with two years’ seniority was discharged from her employment because her...more
1/28/2020
/ Absenteeism ,
Arbitration ,
Attendance ,
Canada ,
Collective Agreements ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Employment Standards Act ,
Filing Grievances ,
Food Service Workers ,
Labor Regulations ,
Ontario ,
Part-Time Employees ,
Restaurant Industry ,
Teamsters ,
Termination ,
Unions ,
Wage and Hour
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
In Canada, employers that host holiday parties for their employees could expose themselves to significant common law liability for the actions of an employee or guest who is under the influence of alcohol or cannabis....more
12/3/2019
/ Best Management Practices ,
Canada ,
Cannabis Products ,
Drunk Driving ,
Employee Misconduct ,
Employer Liability Issues ,
Employment Policies ,
Harassment ,
Holiday Parties ,
Holidays ,
Human Rights ,
Marijuana ,
OHSA ,
Recreational Use ,
Risk Management ,
Sexual Harassment ,
Wine & Alcohol
When Canada’s Cannabis Act and supporting regulations came into force on October 17, 2018, Canada became the first major world economy to establish a legal framework at the federal level for the adult recreational use of...more
11/26/2019
/ Artificial Impairment ,
Canada ,
Cannabidiol (CBD) oil ,
Cannabis Act ,
Cannabis Products ,
Decriminalization of Marijuana ,
Employer Liability Issues ,
Employment Policies ,
Labor Regulations ,
Marijuana ,
Marijuana-Infused Edibles ,
Medical Foods ,
Plant Based Products ,
Reasonable Accommodation ,
Recreational Use ,
Regulatory Standards ,
Safety Standards ,
Workplace Safety