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
On the heels of the passage of the Working for Workers Act, 2021, Ontario introduced Bill 88, Working for Workers Act, 2022 (Bill 88) on February 28, 2022, and carried it at First Reading....more
3/3/2022
/ Canada ,
Employee Rights ,
Employer Liability Issues ,
Employment Standards Act ,
Hiring & Firing ,
International Labor Laws ,
Labor Reform ,
Legislative Agendas ,
Ontario ,
Proposed Legislation ,
Regulatory Agenda ,
Wage and Hour
Last May, Ontario released its Roadmap to Reopen, a three-step plan to safely and gradually reopen the province and loosen certain public health restrictions. In July, Ontario filed O. Reg. 541/21, which added a new “Roadmap...more
Ontario’s Bill 27, Working for Workers Act, 2021 (Act), became law on December 2, 2021. Among other things, the Act amends the Employment Standards Act, 2000 to prohibit employers and prospective employers from entering into...more
With key public health indicators beginning to show signs of improvement and expected to continue, Ontario announced on January 20, 2022, that commencing January 31, 2022, it would begin to take steps to cautiously and...more
2/1/2022
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Infectious Diseases ,
New Guidance ,
Ontario ,
Public Health ,
Re-Opening Guidelines ,
Remote Working ,
Telecommuting ,
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 response to the recent rapid increase in COVID-19 hospitalizations caused by the highly transmissible nature of the Omicron variant, and as the province continues to accelerate its booster dose rollout, Ontario announced...more
1/5/2022
/ Business Closures ,
Canada ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Infectious Diseases ,
Ontario ,
Public Health Emergency ,
Remote Working ,
Social Distancing ,
Telecommuting
On November 11, 2021, only two days after Arbitrator Von Veh upheld a mandatory vaccination policy in United Food and Commercial Workers Union, Canada Local 333 v. Paragon Protection Ltd. (Paragon), Arbitrator Stout struck...more
11/17/2021
/ Canada ,
Coronavirus/COVID-19 ,
Employee Rights ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
International Labor Laws ,
OHSA ,
Ontario ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On November 9, 2021, in United Food and Commercial Workers Union, Canada Local 333 v. Paragon Protection Ltd. (Paragon), Arbitrator Von Veh in Ontario dismissed a union’s policy grievance and upheld a mandatory COVID-19...more
11/15/2021
/ Canada ,
Collective Agreements ,
Coronavirus/COVID-19 ,
Dismissals ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
International Labor Laws ,
OHSA ,
Ontario ,
Statutory Violations ,
Unions ,
Vaccinations ,
Workplace Safety
On November 10, 2021, Ontario announced that, out of an abundance of caution, it is pausing the lifting of capacity limits in the following higher-risk settings where proof of vaccination is required...more
11/11/2021
/ Adult Entertainment ,
Canada ,
Capacity ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Entertainment Venues ,
Infectious Diseases ,
New Guidance ,
Nightclubs ,
Ontario ,
Re-Opening Guidelines ,
Restaurant Industry ,
Social Distancing ,
Workplace Safety
Provincial minimum wage rates were increased to their current rates on October 1, 2021. Just one month later, on November 2, 2021, Ontario announced that because the cost of living has increased considerably due to the...more
11/11/2021
/ Canada ,
Employer Liability Issues ,
Employment Standards Act ,
International Labor Laws ,
Labor Reform ,
Labor Regulations ,
Minimum Wage ,
New Regulations ,
Ontario ,
Regulatory Requirements ,
Wage and Hour
Since September 22, 2021, patrons of restaurants and other specified businesses and organizations in Ontario have been required to provide proof of full vaccination status and identification at the entry point of applicable...more
10/21/2021
/ Canada ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Infectious Diseases ,
Ontario ,
Public Health Emergency ,
QR Codes ,
Restaurant Industry ,
Vaccinations ,
Vaccine Passports ,
Workplace Safety
In July, Ontario entered Step Three of its Roadmap to Reopen, and on September 22, 2021, began to require full vaccination (two doses plus 14 days) with proof of vaccination and ID to access restaurants and certain public...more
9/29/2021
/ Canada ,
Capacity ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Entertainment Venues ,
Infectious Diseases ,
International Labor Laws ,
Ontario ,
Public Health Emergency ,
Re-Opening Guidelines ,
Resorts & Restaurants ,
Vaccinations ,
Vaccine Passports ,
Workplace Safety
On August 17, 2021, Ontario announced that COVID-19 vaccination policies would be mandatory in high-risk settings, and the province’s exit from the Roadmap to Reopen would be put on hold. Therefore, until further notice,...more
8/20/2021
/ Canada ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Essential Workers ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
International Labor Laws ,
Ontario ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
In O’Reilly v. ClearMRI Solutions Ltd., 2021 ONCA 385 (ClearMRI Solutions), the Ontario Court of Appeal (OCA) decided that the motion judge erred in concluding that a majority shareholder of an employee’s contractual employer...more
7/8/2021
/ Canada ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
International Labor Laws ,
Ontario ,
Responsible Party ,
Shareholders ,
Unpaid Wages ,
Wage and Hour
Punitive damages are awarded against an employer in favour of an employee only if the employer engaged in wrongful acts that are outrageous, reprehensible, and offensive to ordinary standards of decent conduct in the...more
Just six weeks after holding in Coutinho v. Ocular Health Centre Ltd. that Ontario Regulation 228/20 (IDEL Regulation) under the Employment Standards Act, 2000 (ESA) did not remove an employee’s common law right to claim...more
6/16/2021
/ Canada ,
Common Law Claims ,
Constructive Discharge ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Employment Standards Act ,
Hiring & Firing ,
Infectious Diseases ,
International Labor Laws ,
Layoffs ,
Ontario
Ontario recently enacted Bill 284, COVID-19 Putting Workers First Act, 2021, which amended the Employment Standards Act, 2000 (ESA) to require employers to provide employees up to three days’ pay if they miss work for certain...more
6/4/2021
/ Canada ,
Coronavirus/COVID-19 ,
Employee Rights ,
Infectious Diseases ,
International Labor Laws ,
Labor Regulations ,
Ontario ,
Paid Time Off (PTO) ,
Reimbursements ,
Sick Leave ,
Sick Pay ,
Wage and Hour
On April 28, 2021, Ontario announced in a News Release that it will soon introduce legislation that, if passed, would require employers to pay employees up to $200 per day for up to three days if they miss work for reasons...more
In Currie v. Nylene Canada Inc., 2021 ONSC 1922, Ontario’s Superior Court held that “exceptional circumstances” existed to justify making an award that exceeded the 24-month “high end” amount of reasonable notice for...more
In response to the rapid increase in COVID-19 cases, concerns over hospital intensive care unit capacity, and the increasing risk to the public caused by COVID-19 variants, on April 7, 2021, Ontario announced the declaration...more
4/9/2021
/ Business Closures ,
Canada ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Government Lockdown ,
Infectious Diseases ,
Non-Essential Businesses ,
Ontario ,
Public Health Emergency ,
Shelter-In-Place
In Sharma v. Toronto (City), 2020 HRTO 949, the Human Rights Tribunal of Ontario (HRTO) provides a roadmap for how employers should determine whether they are required to accommodate employees and customers who seek...more
4/8/2021
/ Canada ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Disability Discrimination ,
Exemptions ,
Health and Safety ,
Human Rights Code ,
Infectious Diseases ,
International Labor Laws ,
Masks ,
Ontario ,
Reasonable Accommodation ,
Workplace Safety
With COVID-19 cases and hospitalizations rising in Ontario at a concerning pace due to the rapid transmission of new variants, on April 1, 2021, the province filed Ontario Regulation 240/21 under the Reopening Ontario (A...more
In Czerniawski v. Corma Inc., 2021 ONSC 1514, the Ontario Superior Court of Justice concluded that a long-term employee’s misconduct did not justify dismissal for cause without notice. The court awarded 19 months’ common law...more
In a News Release dated March 17, 2021, Ontario announced it was removing regulatory restrictions to make it easier for organizations to conduct on-site COVID-19 testing in the workplace. Asymptomatic employees can now...more