In R. v. Greater Sudbury (City), 2024 ONSC 3959, the Ontario Superior Court of Justice (OSCJ) dismissed an appeal of the trial judge’s decision in which she acquitted the City of Sudbury (City) of various charges under...more
9/18/2024
/ Canada ,
Construction Project ,
Due Diligence ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Health and Safety ,
International Labor Laws ,
OHSA ,
Ontario ,
Workplace Safety
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
On March 29, 2023, the province published Regulation 61/23 amending Regulation 213/91: Construction Projects under the Occupational Health & Safety Act (Regulation). The amendments will come into force on July 1, 2023....more
As discussed, on December 8, 2022, Ontario proclaimed in force amendments to the Occupational Health and Safety Act made in Bill 88, Working for Workers Act, 2022. The amendments, which require certain employers to have...more
On December 8, 2022, Ontario proclaimed in force amendments to the Occupational Health and Safety Act (OHSA) made in Bill 88, Working for Workers Act, 2022. The amendments, which require certain employers to have naloxone...more
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
On September 26, 2022, the Public Health Agency of Canada (PHAC) announced that effective October 1, 2022, Canada’s COVID-19 entry restrictions will be removed for all travellers regardless of citizenship, and Transport...more
9/30/2022
/ Canada ,
Coronavirus/COVID-19 ,
Foreign Workers ,
Health and Safety ,
Infectious Diseases ,
International Labor Laws ,
International Travel ,
Public Health ,
Screening Procedures ,
Travel Restrictions ,
Traveling Employee
On June 14, 2002, Canada announced that, due to the country’s improved public health situation, certain vaccination requirements are suspended as of June 20.
Federally Regulated Travel Sector...more
6/24/2022
/ Canada ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Emergency Management Plans ,
Health and Safety ,
Infectious Diseases ,
International Labor Laws ,
International Travel ,
Public Health ,
Traveling Employee ,
Vaccinations
Since late fall 2021, we have seen a steady flow of arbitration awards emerge in Ontario and British Columbia that consider issues relating to mandatory COVID-19 vaccination policies in the unionized workplace. In this...more
4/27/2022
/ Arbitration ,
Arbitration Awards ,
Canada ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
International Labor Laws ,
Unions ,
Vaccinations ,
Workplace Safety
On April 4, 2022, in Fraser Health Authority v British Columbia General Employees’ Union, 2022 CanLII 25560, Arbitrator Koml Kandola of the British Columbia Labour Relations Board dismissed the union’s grievance respecting...more
4/13/2022
/ Adverse Employment Action ,
Arbitration ,
Canada ,
Coronavirus/COVID-19 ,
Employee Rights ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Grievance Process ,
Health and Safety ,
Infectious Diseases ,
International Labor Laws ,
Reasonable Accommodation ,
Unions ,
Vaccinations ,
Workplace Safety
On April 4, 2022, in Extendicare Lynde Creek Retirement Residence and United Food & Commercial Workers Canada, Local 175, Arbitrator Stephen Raymond upheld a retirement home’s mandatory vaccination policy as a reasonable...more
4/11/2022
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Essential Workers ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
International Labor Laws ,
Labor Disputes ,
Vaccinations ,
Workplace Safety
Fully Vaccinated Travellers -
On March 17, 2022, Canada announced that, effective April 1, 2022, fully vaccinated travellers will no longer be required to provide a pre-entry COVID-19 test result to enter Canada....more
3/21/2022
/ Canada ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Emergency Management Plans ,
Health and Safety ,
Infectious Diseases ,
International Labor Laws ,
International Travel ,
Public Health ,
Screening Procedures ,
Travel Restrictions ,
Traveling Employee ,
Vaccinations ,
Virus Testing
Face coverings are optional for people in all indoor public settings. People can continue to wear a mask based on personal choice. Individual businesses and organizations can choose to continue to require mask wearing on...more
On March 1, 2022, Ontario moved to the Roadmap Exit Step, as amended. We provided a summary of the restrictions that were eliminated on that date and those that would continue to exist....more
Ontario first released its plan to follow a cautious and phased approach to lifting COVID-19 public health and workplace safety measures on January 20, 2022. On February 14, 2022, however, Ontario announced that with key...more
2/16/2022
/ Canada ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
Ontario ,
Public Health Emergency ,
Re-Opening Guidelines ,
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
In Bunge Hamilton Canada, Hamilton, Ontario v. United Food and Commercial Workers Canada, Local 175 (Bunge), Arbitrator Robert J. Herman dismissed a union grievance challenging the employer’s mandatory COVID-19 vaccination...more
1/20/2022
/ Arbitration ,
Arbitration Awards ,
Canada ,
Coronavirus/COVID-19 ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Grievance Process ,
Health and Safety ,
Infectious Diseases ,
International Labor Laws ,
Ontario ,
Public Health Emergency ,
Unions ,
Vaccinations ,
Workplace Safety
Due to high infection rates from the Omicron variant and an increase in hospitalizations, on January 7, 2022, British Columbia’s Provincial Health Officer (PHO) announced an order (not yet available) requiring employers to...more
On October 22, 2021, Ontario announced the release of its phased plan to gradually lift all remaining public health and workplace safety measures by March 2022, as set out in A Plan to Safely Reopen Ontario and Manage...more
On September 14, 2021, Ontario released Regulation 645/21 and a guidance document, which provide support to businesses and organizations in the implementation of their vaccination requirements, which will commence on...more
In response to the fourth wave of the COVID-19 pandemic driven by the Delta variant, Ontario announced that commencing September 22, 2021, people will be required to be fully vaccinated (i.e., two doses plus 14 days) and...more
9/10/2021
/ Arenas and Stadiums ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Entertainment Industry ,
Health and Safety ,
Infectious Diseases ,
Public Health Emergency ,
Resorts & Restaurants ,
Vaccinations ,
Vaccine Passports ,
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
On August 20, 2021, Toronto’s Medical Officer of Health (TMOH) issued a statement effectively mandating that local employers institute a workplace vaccination policy (WVP) to protect their employees and the public from...more
On August 13, 2021, Canada announced that, as early as the end of September, it will require COVID-19 vaccination across the federal public service. Accommodations or alternative measures (e.g., testing or screening) for the...more
8/24/2021
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Federal Employees ,
Health and Safety ,
Infectious Diseases ,
International Labor Laws ,
Public Employees ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety