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International Labor Laws Ontario

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Ontario, Canada Court Orders Independent Medical Examination of Employee Claiming Indefinite Inability to Mitigate Due to Mental...

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Marshall v. Mercantile Exchange Corporation, 2024 CanLII 71128  (ONSC), is an action for wrongful dismissal where the employee claimed he could not mitigate his damages by seeking alternative employment indefinitely because...more

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Ontario, Canada Court Reinforces Waksdale’s Impact on Enforceability of Termination Provisions and Provides Guidance on Proving...

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In De Castro v. Arista Homes Limited, 2024 ONSC 1035, Ontario’s Superior Court of Justice (Court) held the termination provision in an employment contract was unenforceable because it defined “cause” more broadly than does...more

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Ontario, Canada Human Rights Tribunal Determines Volunteer Asked to Remove Rainbow Sticker Did Not Experience Discrimination

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In Zanette v. Ottawa Chamber Music Society, 2024 HRTO 998, the Human Rights Tribunal of Ontario (HRTO) dismissed a volunteer’s application alleging discrimination with respect to employment because of sexual orientation,...more

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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

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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

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Key Takeaways from Ontario's Working for Workers Act Four, 2023

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In November 2023, the Government of Ontario passed Bill 149, the Working for Workers Four Act, 2023 (the “Act”). The Act places new obligations and prohibitions on employers, and intends to strengthen Ontario’s employee...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

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Ontario, Canada Court Awards Retired VP $1.8 Million in Damages for Unpaid Vacation, Deferred Bonus and Unvested Stock Options

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In Boyer v. Callidus, 2024 ONSC 20, the Ontario Superior Court of Justice found that an employee was entitled to $1.8 million in damages for unpaid vacation, bonuses, and stock options, because the terms of the relevant...more

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Ontario, Canada Government Repeals Bill 124 in its Entirety After Appeal Court Decision

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On February 12, 2024, in Ontario English Catholic Teachers Association v. Ontario (Attorney General), 2024 ONCA 101, the majority of the Ontario Court of Appeal (OCA) upheld, in part, the decision of the Ontario Superior...more

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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

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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

Stikeman Elliott LLP

Ontario Superior Court of Justice Awards Retired VP $1.8m in Damages for Incentive Compensation and Vacation Pay

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The Ontario Superior Court of Justice’s decision in Boyer v. Callidus, 2024 ONSC 20 (“Callidus”) serves as a helpful reminder to employers of the importance of carefully drafting, documenting, and communicating contractual...more

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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

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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

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

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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

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