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British Columbia Statute on Minimum Employment Standards for App-based Gig Workers Receives Royal Assent, But Relevant Provisions...

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

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

British Columbia Appeal Court Upholds Finding That Employee’s Surreptitious Recording of Conversations with Colleagues Justified...

In Shalagin v. Mercer Celgar Limited Partnership, 2023 BCCA 373, the British Columbia Court of Appeal (BCCA) upheld the lower court’s dismissal of an employee’s wrongful dismissal claim and its finding that his surreptitious...more

Alberta, Canada Court Holds Placing Employee on Unpaid Leave for Failure to Comply with Mandatory COVID-19 Vaccination Policy is...

In Van Hee v Glenmore Inn Holdings Ltd., 2023 ABCJ 244 (Glenmore), the Alberta Court of Justice found that an employer’s mandatory vaccination policy was a reasonable, justified and lawful response to the extraordinary...more

Canada Implements New Employer Reporting Requirements in Support of Canadian Dental Care Plan, Introduces Bill to Create New...

On November 30, 2023, Canada’s federal government introduced Bill C-59, Fall Economic Statement Implementation Act, 2023 (Bill C-59), which would implement proposals in the 2023 Fall Economic Statement (Statement). Bill C-59...more

National Day for Truth and Reconciliation (September 30): What Is it and Where in Canada Is it Observed as a Statutory Holiday?

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

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

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

Supreme Court of Canada Confirms “Owners” of Construction Projects Are “Employers” Under OHSA

The Supreme Court of Canada’s (SCC) decision in R. v. Greater Sudbury (City), 2023 SCC 28 was equally divided (4-4).  In the absence of a majority SCC decision, the City's appeal was dismissed, and the decision of the Court...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

Canada’s Prince Edward Island Introduces Bill that Would Increase Employees’ Entitlement to Paid Sick Leave

On November 7, 2023, Prince Edward Island (PEI) introduced Bill 106, An Act to Amend the Employment Standards Act (Bill 106) for First Reading. Bill 106 proposes to increase dramatically the paid sick leave to which employees...more

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

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

Canada: Federal Bill Proposes Prohibition on Use of Temporary Replacement Workers During Strike or Lockout

On November 9, 2023, Bill C-58, An Act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012 (Bill C-58), was introduced by the federal government for First Reading. Bill C-58 proposes,...more

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

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

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 Government Provides Additional Guidance on Requirement to Include Salary or Wage Information on All Publicly...

In Guidance on wage or salary information on job postings (Guidance), the Government of British Columbia provides additional guidance on s. 2 of the province’s Pay Transparency Act (Act), which requires employers to...more

Alberta, Canada Court Holds Senior Executive Personally Liable to Employer

In Breen v Foremost Industries Ltd, 2023 ABKB 552, the Court of King’s Bench of Alberta dismissed the claim of a President and CEO that he had been wrongfully dismissed from his employment, finding that his employment had...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 Appeal Court Finds Employer Vicariously Liable for Employee’s Willful Violation of Customers’ Privacy

In Insurance Corporation of British Columbia v. Ari, 2023 BCCA 331, the British Columbia Court of Appeal (BCCA) confirmed that an employer may be found vicariously liable when its employee violates of s. 1 of the province’s...more

British Columbia Court Finds Employee Voluntarily Resigned

In Khangura v Lumberwest Building Supplies Inc., 2023 BCSC 1053, the Supreme Court of British Columbia dismissed an employee’s claim that he was entitled to damages because he had been wrongfully dismissed without cause. The...more

Canada’s Office of Privacy Commissioner Revises Privacy Guideline on Employee Personal Information

Earlier this year, the Office of the Privacy Commissioner of Canada (OPC) revised its guideline, Privacy in the Workplace, which addresses employee rights and workplace obligations with respect to employee personal...more

Canada: Employers in Federally Regulated Workplaces Will Soon Be Required to Provide Menstrual Products

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

Ontario, Canada Appeal Court Finds Independent Contractors Have Duty to Mitigate Damages When Fixed-Term Contract is Terminated...

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

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