News & Analysis as of

Canada Employer Liability Issues Ontario

Littler

Ontario, Canada Court Affirms City Lacked Control of Workplace and Exercised Due Diligence, Upholding Acquittal of OHSA Charges

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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

Littler

Ontario, Canada Appeal Court Confirms Employment Contract Frustrated by Employee’s Refusal to Comply With COVID-19 Vaccination...

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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

Ius Laboris

Canadian court upholds termination of unvaccinated worker

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The Ontario Court of Appeal recently held that an employee’s failure to meet COVID-19 vaccination requirements imposed by a third party amounted to frustration of the employment contract. As a result, there was no obligation...more

Stikeman Elliott LLP

Incoming Legislative Changes for Ontario Employers: New Prohibition on Requirements Listed in Job Postings and Application Forms

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Further to our last post where we discussed the caution employers should exercise when requesting proof of citizenship or permanent residency status in the job application process, employers may soon face an additional level...more

Blake, Cassels & Graydon LLP

Five Bills and Counting: What Ontario’s Working for Workers Five Act, 2024 Could Mean for Employers

On May 6, 2024, Bill 190, the Working for Workers Five Act, 2024 (Bill 190) was introduced in the Ontario legislature. If passed, Bill 190 will amend various employment-related legislation in Ontario, including the Employment...more

Stikeman Elliott LLP

Ontario Updates: New Fines for ESA Contraventions, and Working for Workers Five Act (Bill 190) Proposed

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On May 6, 2024, the Ontario Government introduced Bill 190, the Working for Workers Five Act, 2024 (“Bill 190”), which, if passed, will provide new protections for workers, the key details of which are summarized below. The...more

Blake, Cassels & Graydon LLP

Promulgation du projet de loi 149 de l’Ontario : Modifications apportées à diverses lois qui concernent les employeurs

Le 21 mars 2024, le projet de loi 149 de l’Ontario, intitulé Loi de 2024 visant à œuvrer pour les travailleurs, quatre (le « projet de loi 149 »), a reçu la sanction royale. Le présent bulletin résume les principales...more

Stikeman Elliott LLP

Ontario Update: Bill 149 Receives Royal Assent, includes Pay Transparency and AI Disclosure Requirements for Job Postings

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On March 21, 2024, the Working for Workers Four Act, 2024 (“Bill 149”) received Royal Assent. Bill 149 amends the Ontario Employment Standards Act, 2000 (the “ESA”) to include a new section pertaining to job postings, which...more

Blake, Cassels & Graydon LLP

Ontario’s Bill 149 Becomes Law, Enacts Key Reforms for Employers

On March 21, 2024, Ontario’s Bill 149, Working for Workers Four Act, 2024 (Bill 149) received royal assent. Summarized below are the key amendments to the Employment Standards Act, 2000 (ESA), Workplace Safety and Insurance...more

Littler

Ontario, Canada Court Finds Termination Clauses in Fixed-Term Employment Agreement Unenforceable

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In Dufault v. The Corporation of the Township of Ignace, 2024 ONSC 1029, the Ontario Superior Court of Justice held that the termination provisions of a fixed-term employment contract were illegal and unenforceable because...more

Stikeman Elliott LLP

Ontario Court Rules Employer's Discretion to Terminate is Shackled by the ESA

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In Dufault v. The Corporation of the Township of Ignace ("Dufault"), the Ontario Superior Court of Justice, on a summary judgment motion, found the termination without cause provision of a fixed-term employment contract...more

Littler

Ontario, Canada Court Decides Wrongfully Dismissed Employee’s Rejection of Offer of Comparable Employment Amounts to Failure to...

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In Gannon v. Kinsdale Carriers, 2024 ONSC 1060, the Ontario Superior Court of Justice denied common law reasonable notice to an employee who was wrongfully dismissed from her employment on the basis that she failed to...more

Littler

Ontario, Canada Human Rights Commission Publishes Policy on Caste-based Discrimination

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The Ontario Human Rights Commission recently published a policy statement (Policy) pertaining to “caste-based discrimination” under Ontario’s Human Rights Code (Code). The Policy advises organizations that they have a legal...more

Littler

Ontario, Canada Appellate Court Finds National Day of Mourning to Honour Memory of Queen Elizabeth II Not a Paid Holiday under...

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In Ottawa Police Services Bd. v. Ottawa Police Assn., 2023 ONSC 6225, the Ontario Superior Court of Justice (Divisional Court) (Ont. SCJ (Div. Ct.)) quashed an arbitrator’s decision allowing two grievances that claimed...more

Bennett Jones LLP

More Legislative Changes on the Horizon for Ontario Employers

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On November 14, 2023, the Ontario government tabled Bill 149, Working for Workers Four Act, 2023 (Bill 149) which, as of the date of this blog, has been referred to the Standing Committee on Social Policy. If implemented as...more

Bennett Jones LLP

Changes to Ontario's Employment-Related Legislation Have Arrived

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As you may have heard or read in our earlier blog, More Changes to Ontario's Employment-Related Legislation Are on the Horizon, the Ontario government introduced Bill 79, Working for Workers Act, 2023 in late March 2023. On...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ontario Bills Address Pay Transparency, Nondisclosure Agreements, Work History, and Hospitality Worker Training Pay

It has been a busy time for Ontario legislators who have proposed a number of employment-related changes that, if passed, would increase obligations for employers. This article briefly identifies a number of initiatives that...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ontario’s New Licensing Requirements for Recruiters and Temporary Help Agencies

In 2023, Ontario’s Employment Standards Act, 2000 (ESA) was amended to impose a new licensing requirement on recruiters and temporary help agencies (THAs). The amendments address to whom the licensing requirement applies, how...more

Stikeman Elliott LLP

Ontario Updates: Bill 149 Proposes Variety of Changes Including Pay Transparency and AI Disclosure Requirements for Job Postings,...

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On November 14, 2023, the Government of Ontario introduced the Working for Workers Four Act, 2023 (“Bill 149”). If passed, the proposed legislation will amend the Ontario Employment Standards Act, 2000 (the “ESA”) to include...more

Littler

Ontario, Canada: Bill 149, Working for Workers Four Act, 2023 Introduced for First Reading

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On November 14, 2023, Ontario introduced Bill 149, Working for Workers Four Act, 2023 (Bill 149), for First Reading. If passed, Bill 149 would, among other things, amend the Employment Standards Act, 2000 (ESA), the Workplace...more

Littler

Ontario, Canada’s Bill 79, Working for Workers Act, 2023 Is Now in Force

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On October 26, 2023, Ontario’s Bill 79, Working for Workers Act, 2023 (Bill 79) received Royal Assent and came into force. The statutes amended by Bill 79 include the Employment Standards Act, 2000 (ESA), the Occupational...more

Stikeman Elliott LLP

AODA Reminder: Approaching Deadline (December 31, 2023) to File Accessibility Compliance Reports

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Accessibility Compliance Reports Due on December 31, 2023 - As a quick refresher, the AODA sets out a process for developing, implementing and enforcing accessibility standards in the province of Ontario....more

Littler

Ontario, Canada Appeal Court Upholds Refusal to Impose Constructive Trust Over Proceeds of Sale of Property Owned by Defrauding...

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A recent Ontario Court of Appeal (OCA) decision demonstrates the process an employer may be expected to undertake to recover employee-stolen funds when the proceeds of the fraud are traced to the assets of a “stranger to the...more

Ius Laboris

Ontario seeks input on heat stress proposal

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The Ontario Ministry of Labour, Immigration, Training and Skills Development has announced that it is seeking prompt comments and feedback on two Occupational Health and Safety proposals, including one in relation to heat...more

Stikeman Elliott LLP

Fixed in Stone - Fixed Term Remains Secure Despite Invalid Termination Clause

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The Ontario Superior Court of Justice recently released its decision in Kopyl v Losani Homes (not yet cited) (the “Decision”), providing insight into the enforceability of fixed terms in employment agreements in circumstances...more

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