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20 Key Developments in Canadian Labour and Employment Law in 2023

In 2023, Canada saw significant statutory and case law developments in labour and employment law. This Insight provides an overview of notable 2023 developments, with links to more detailed articles and commentary....more

Ontario, Canada: Amending Regulation Supports Bill 79’s Changes to ESA’s Mass Termination Provisions

On November 25, 2023, O. Reg. 340/23: TERMINATION AND SEVERANCE OF EMPLOYMENT made under the Employment Standards Act, 2000 (ESA) (Regulation), amending O. Reg. 288/01 (Termination and Severance of Employment), was published...more

British Columbia Pay Transparency Regulation Provides Information on Preparing Pay Transparency Reports

By way of Order in Council approved and ordered on October 23, 2023, British Columbia’s Pay Transparency Regulation (Regulation) was made. The Regulation provides information about how pay transparency reports are to be...more

Ontario, Canada Court Orders Employer to Pay Costs to Discourage Tactical Litigation that Deters Employees from Pursuing Their...

In Giacomodonato v. PearTree Securities Inc., 2023 ONSC 5628, Ontario’s Superior Court of Justice ordered the employer to pay to the employee the costs of the proceeding in the amount of $830,761 to dissuade employers from...more

British Columbia Court Finds Employer Had Just Cause to Dismiss Full-time Employee Who Worked on Side Business During Working...

In Dove v Destiny Media Technologies Inc., 2023 BCSC 1032 , the Supreme Court of British Columbia found that an employer had just cause for the dismissal of a full-time employee who worked on a side business during working...more

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

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

Canada Adds Exemptions from Hours of Work Requirements for Certain Employees in Banking, Telecommunications and Broadcasting,...

On August 16, 2023, Canada published Regulation SOR/2023-180 under the Canada Labour Code (CLC) (Amending Regulation).  The Amending Regulation exempts certain classes of employees in the banking, telecommunications and...more

British Columbia Court Finds Termination Clause Enforceable Because it Complied with Statutory Individual Notice Provisions

In Forbes v. Glenmore Printing Ltd., 2023 BCSC 25, the Supreme Court of British Columbia (BC) disagreed with the employee’s argument that the termination clause in his employment agreement was invalid because it required the...more

Ontario, Canada Arbitrator Upholds Reasonableness of Hospital Vaccination Policy Providing for Employment Termination of...

An arbitrator recently issued the first award in Ontario to address and uphold the reasonableness of a hospital vaccination policy that provides for the termination of employment for non-compliance.  In Lakeridge Health and...more

Ontario, Canada Court Awards Employee $15,000 in Moral Damages for Employer’s Bad-Faith Conduct Regarding His Dismissal

In Teljeur v Aurora Hotel Group, 2023 ONSC 1324, a wrongful dismissal case, the court awarded the plaintiff-employee seven months’ damages for reasonable notice, and $15,000 in moral damages due to the employer’s bad-faith...more

British Columbia Tribunal Confirms Time Theft Proven by Time-Tracking Software May Justify Employment Termination for Cause

The decision of the British Columbia, Canada Civil Resolution Tribunal (Tribunal) in Besse v. Reach CPA Inc., 2023 BCCRT 27 is especially relevant now that remote work has become common. The Tribunal found the employer had...more

Ontario, Canada Appeal Court Decides Findings of Workplace Investigation Were Not Defamatory

In Safavi-Naini v. Rubin Thomlinson LLP, 2023 ONCA 86, the Court of Appeal for Ontario (OCA) upheld the dismissal of a defamation action under s. 137.1 of Ontario’s Courts of Justice Act (CJA). The decision provides guidance...more

Ontario, Canada: Paid Infectious Disease Emergency Leave (IDEL) Ends March 31 But Unpaid IDEL Remains Available

On March 23, 2023, Ontario released its 2023 Ontario Budget: Building a Strong Ontario (2023 Budget). The Budget provides that Paid Infectious Disease Emergency Leave (Paid IDEL) will expire on March 31, 2023....more

Ontario, Canada Proposes ESA Amendments Relating to Remote Workers and New Hires

On March 13, 2023, Ontario announced that it is proposing two amendments to the Employment Standards Act, 2000 (ESA) and related regulations. Employees Who Work Solely from Home to Become Eligible to Receive Enhanced...more

Canada: First Deadline for Compliance with Accessibility Legislation for Federally Regulated Employees Is Around the Corner

The first deadline for compliance with the Accessible Canada Act (ACA) and its regulations is only two and a half months away. By June 1, 2023, federally regulated employers that had 100 or more employees in 2021 must comply....more

Ontario, Canada Court Finds Employment Contract Frustrated by Employee’s Refusal to Become Vaccinated Against COVID-19

In Croke v. VuPoint Systems Ltd., 2023 ONSC 1234, Ontario’s Superior Court of Justice decided that an employee’s refusal to comply with mandatory COVID-19 vaccination requirements resulted in the frustration of the parties’...more

Canada’s Competition Bureau Publishes Draft Guidelines for Enforcement of New “Wage-Fixing Agreement” and “No-poach Agreement”...

When Bill C-19, Budget Implementation Act, 2022, No. 1 received Royal Assent in June 2022, it amended Canada’s Competition Act (Act) by including a new provision, s. 45(1.1), which comes into force on June 23, 2023.  Section...more

25 Key Developments in Canadian Labour and Employment Law in 2022

In 2022, Canada saw significant statutory and case law developments in labour and employment law, some of which related to COVID-19. This Insight provides an overview of key 2022 developments, with links to more detailed...more

Ontario, Canada: Appellate Court Set Aside Decisions that Quashed OLRB Determinations on “Related Employers” Declarations for...

The Ontario Court of Appeal (OCA) released two decisions on November 16  that considered whether the Divisional Court applied the correct standard of review required by Canada (Minister of Citizenship and Immigration) v....more

Canada Proposes Two CLC Regulations on Service of Documents, Regular Rate of Wages, and Reimbursement of Reasonable Work-Related...

On October 1, 2022, Canada published two proposed Regulations under the Canada Labour Code (CLC) and requested comments by October 31, 2022, via a new embedded commenting feature....more

British Columbia Court Finds Employer May Place Employee on Unpaid Leave for Failing to Comply with its Mandatory COVID-19...

Although arbitrators in Canada have considered whether an employer in a unionized workplace can place an employee on unpaid leave for failing to comply with its mandatory COVID-19 vaccination policy, the British Columbia...more

Ontario, Canada Arbitrator Deems Termination of LTD Coverage for Employees at Age 65 a “Reasonable Limit” Under Canadian Charter...

In Rayonier v Unifor, Locals 256 and 89, 2022 CanLII 75226 (ON LA), a union filed an individual grievance on behalf of an employee who died at age 66 while still an active employee.  This grievance alleged that the employer...more

Ontario, Canada Court Decides Employment Contract’s Unenforceable Confidentiality and Conflict-of-Interest Clauses Invalidated All...

Two years ago in Waksdale v. Swegon North America Inc., 2020 ONCA 391,  the Ontario Court of Appeal established the proper method for determining whether a termination clause in an employment agreement is enforceable. ...more

Canada: Alberta Court Finds Employee Resigned and Was Not Constructively Dismissed When He Did Not Comply with Mask Policy

In Benke v Loblaw Companies Limited, 2022 ABQB 461, the Court of Queen’s Bench of Alberta (ABQB) dismissed an employee’s claim that he had been constructively dismissed when his employer did not accommodate him with a mask...more

Ontario, Canada: ESA Guidance Now Contains Chapter on Electronic Monitoring Policies

In the spring, Bill 88, Working for Workers Act, 2022, received Royal Assent and became law. Among other things, Bill 88 amended Ontario’s Employment Standards Act, 2000 (ESA) to require certain employers to ensure, within a...more

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