In Croke v. VuPoint System Ltd., 2024 ONCA 354, the Court of Appeal for Ontario (OCA) upheld the Superior Court of Justice – Ontario (SCJ)’s summary judgment decision that an employee’s refusal to comply with their employer’s...more
8/20/2024
/ Adverse Employment Action ,
Canada ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
Frustration of a Common Purpose ,
Health and Safety ,
Hiring & Firing ,
Infectious Diseases ,
International Labor Laws ,
Ontario ,
Vaccinations ,
Workplace Safety ,
Wrongful Termination
In Van Hee v Glenmore Inn Holdings Ltd., 2023 ABCJ 244 (Glenmore), the Alberta Court of Justice found that an employer’s mandatory vaccination policy was a reasonable, justified and lawful response to the extraordinary...more
12/18/2023
/ Canada ,
Constructive Discharge ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
International Labor Laws ,
Unpaid Leave ,
Vaccinations ,
Workplace Safety
The Supreme Court of Canada’s (SCC) decision in R. v. Greater Sudbury (City), 2023 SCC 28 was equally divided (4-4). In the absence of a majority SCC decision, the City's appeal was dismissed, and the decision of the Court...more
On November 7, 2023, Prince Edward Island (PEI) introduced Bill 106, An Act to Amend the Employment Standards Act (Bill 106) for First Reading. Bill 106 proposes to increase dramatically the paid sick leave to which employees...more
11/17/2023
/ Canada ,
Employees ,
Employer Liability Issues ,
Employment Standards Act ,
International Labor Laws ,
Labor Reform ,
Paid Sick Leave ,
Proposed Legislation ,
Regulatory Agenda ,
Wage and Hour ,
Workplace Safety
In McCharles v Jaco Line Contractors Ltd., 2022 AHRC 115, an employee alleged that her employer discriminated against her on the basis of gender contrary to the Alberta Human Rights Act (AHRA) when it terminated her...more
11/29/2022
/ Canada ,
Damages ,
Employer Liability Issues ,
Employment Litigation ,
Gender Discrimination ,
Hiring & Firing ,
Human Rights Act ,
International Labor Laws ,
Labor Law Violations ,
Retaliation ,
Sexual Harassment ,
Workplace Safety ,
Wrongful Termination
As of October 14, 2022, Ontario made the following changes to its COVID-19 requirements for long term care (LTC) homes, as set out in its COVID-19 guidance document....more
11/1/2022
/ Assisted Living Facilities (ALFs) ,
Canada ,
Coronavirus/COVID-19 ,
Health and Safety ,
Health Care Providers ,
Healthcare ,
Infectious Diseases ,
International Labor Laws ,
Long Term Care Facilities ,
Medical Residents ,
New Guidance ,
Nursing Homes ,
Ontario ,
Workplace Safety
In Chartwell Housing REIT v. Healthcare, Office and Professional Employees Union, Local 2220, 2022CanLII 6832 (ON LA) (Chartwell), Arbitrator Gail Misra considered a provision in a mandatory COVID-19 vaccination policy that...more
2/24/2022
/ Arbitration ,
Canada ,
Collective Agreements ,
Coronavirus/COVID-19 ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Healthcare Workers ,
Hiring & Firing ,
Infectious Diseases ,
International Labor Laws ,
Long Term Care Facilities ,
Unions ,
Vaccinations ,
Workplace Safety
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
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
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
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
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
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 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 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
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
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
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
The Supreme Court of Newfoundland and Labrador rendered a welcome decision in February for employers across Canada that have been struggling to balance their obligations under occupational health and safety and human rights...more
4/11/2019
/ Arbitration ,
Canada ,
Construction Project ,
Corporate Counsel ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Health and Safety ,
Medical Marijuana ,
Reasonable Accommodation ,
Undue Hardship ,
Unions ,
Workplace Safety