In Aldergrove Duty Free Shop Ltd. v. MacCallum, 2024 BCCA 28, the Court of Appeal for British Columbia (BCCA) dismissed an employer’s appeal when it agreed with the lower court that the employer could not use the frustration...more
3/20/2024
/ Canada ,
Coronavirus/COVID-19 ,
Damages ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Frustration of a Common Purpose ,
Hiring & Firing ,
International Labor Laws ,
Layoffs ,
Wrongful Termination
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
On November 30, 2023, Bill 48 – 2023: Labour Statutes Amendment Act, 2023 (Bill 48), received Royal Assent from the Government of British Columbia (BC). Bill 48 is a statute pertaining to minimum employment standards for...more
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
What is It? The Truth and Reconciliation Commission of Canada (TRC) was established in 2008 to document the history and legacy of residential schools, which were operated between the late 1800s and the late 1990s by the...more
12/14/2023
/ Canada ,
Churches ,
First Nations ,
Holidays ,
Labor Code ,
Labor Reform ,
Minor Children ,
Reconciliation ,
Religious Institutions ,
State and Local Government ,
Tribal Ordinances ,
Wage and Hour
Canada’s Regulation SOR/2023-78 (Regulation), which comes into force on December 15, 2023, will require employers to provide free menstrual products for employees’ use in each toilet room in federally regulated workplaces....more
In Monterosso v. Metro Freightliner Hamilton Inc., 2023 ONCA 413, the Ontario Court of Appeal (OCA) found that independent contractors have a duty to mitigate their damages upon the early termination of a fixed-term agreement...more
In December 2021, Ontario passed Bill 27, Working for Workers Act, 2021, which amended the Employment Standards Act, 2000 (ESA) to, among other things, establish a licensing regime for temporary help agencies (THAs) and...more
On May 30, 2023, Manitoba’s Bill 235, The Employment Standards Code Amendment Act, received Royal Assent and came into force. Bill 235 amended The Employment Standards Code by expanding the length of unpaid leave on the...more
In Alberta Health Services v Johnston, 2023 ABKB 209, the Court of King’s Bench of Alberta recognized a new tort of harassment.
Background -
Alberta Health Services (AHS) and two individual plaintiffs claimed they were...more
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
This month, the federal government made two announcements that are relevant to federally regulated, private-sector employers regarding the minimum age for employment and the minimum wage. Canada provides this list of...more
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
3/27/2023
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Standards Act ,
Infectious Diseases ,
International Labor Laws ,
Ontario ,
Paid Time Off (PTO) ,
Relief Measures ,
Sick Employees ,
Unpaid Leave ,
Wage and Hour ,
Workplace Safety
On March 20, 2023, Ontario introduced Bill 79, Working for Workers Act, 2023 for First Reading. Bill 79 contains amendments to the province’s Employment Standards Act, 2000 (ESA), Occupational Health and Safety Act (OHSA),...more
On March 9, 2023, British Columbia’s Bill 2, National Day for Truth and Reconciliation Act (Bill 2) received Royal Assent. Bill 2 came into force on the date of Royal Assent.
Bill 2 amends British Columbia’s Employment...more
The Alberta Court of Appeal (ABCA) recently addressed an increasingly common question—whether financial support provided under the Canadian Emergency Response Benefit (CERB) program to workers directly affected by COVID-19...more
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
1/5/2023
/ Arbitration ,
Arbitration Awards ,
Canada ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Policies ,
Employment Standards Act ,
Gender Discrimination ,
Hiring & Firing ,
International Labor Laws ,
Labor Reform ,
Non-Compete Agreements
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
On November 25, 2022, Canada announced that, commencing on December 18, 2022, Employment Insurance (EI) sickness benefits will be extended permanently from 15 weeks to 26 weeks. Accordingly, qualified individuals who...more
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
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
Last December, Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code (Bill C-3), received Royal Assent. Once in force, Bill C-3 will repeal the Canada Labour Code’s (CLC) current entitlement for employees in...more
In Lake v. La Presse, 2022 ONCA 742, the only issue on appeal was whether the lower court erred in reducing the employee’s wrongful dismissal damages for failure to mitigate. The Ontario Court of Appeal (OCA) set aside the...more
The purpose of Canada’s proposed Bill S-211, Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff (Bill S-211) is, in part, to enact the Fighting Against Forced Labour and Child...more