Latest Posts › Coronavirus/COVID-19

Share:

Ontario, Canada Appeal Court Confirms Employment Contract Frustrated by Employee’s Refusal to Comply With COVID-19 Vaccination...

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

British Columbia, Canada Appeal Court Rejects Employer’s Frustration Defence in Circumstances Connected to COVID-19

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

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

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: 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 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

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 Divisional Court Finds Group Home’s Temporary Visitation Policy During Early Stage of COVID-19 Did Not...

In Empower Simcoe v. JL, 2022 ONSC 5371, the operator of a publicly funded residential facility for children and adults with intellectual disabilities (Operator) sought judicial review of the Human Rights Tribunal of...more

Ontario, Canada Makes Changes to COVID-19 Requirements for Long Term Care Homes

As of October 14, 2022, Ontario made the following changes to its COVID-19 requirements for long term care (LTC) homes, as set out in its COVID-19 guidance document....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

Canada Removes All COVID-19 Entry Restrictions for All Travelers Regardless of Citizenship Effective October 1, 2022

On September 26, 2022, the Public Health Agency of Canada (PHAC) announced that effective October 1, 2022, Canada’s COVID-19 entry restrictions will be removed for all travellers regardless of citizenship, and Transport...more

Ontario, Canada Arbitrator Finds Three-Dose Mandatory Vaccination Requirement Reasonable in Long-Term Care Homes

In Regional Municipality of York v Canadian Union of Public Employees, Local 905 (Long Term Care Unit), 2022 CanLII 78173, Arbitrator Stephen Raymond decided that a mandatory vaccination policy (Policy) requiring employees in...more

Ontario, Canada: Availability of Deemed IDEL Ended on July 30, 2022 But Unpaid and Paid IDEL Still Available to Eligible Employees

Deemed IDEL No Longer Available - In May of 2020, Ontario filed O. Reg. 228/20, which provided that a non-unionized employee who did not perform their job duties during the “COVID-19 period” because their work hours were...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: Three Paid COVID Sick Days Extended Until March 31, 2023

On July 21, 2022, Ontario filed Regulation 464/22, which amends O. Reg. 228/20: Infectious Disease Emergency Leave Regulation to extend the availability of Paid Infectious Disease Leave (Paid IDEL) until March 31, 2023. ...more

Ontario, Canada: Arbitrator Decides Employer Discriminated on Basis of Creed in Denying Request for Vaccine Policy Exemption

In Public Health Sudbury & Districts v. Ontario Nurses’ Association, 2022 CanLii 48440 (ON LA), Arbitrator Robert J. Herman decided that the grievor was discriminated against on the basis of creed under the Ontario Human...more

Canada Suspends Mandatory Vaccines for Most Travel, Federally Regulated Transportation Workers, and Federal Government Employees

On June 14, 2002, Canada announced that, due to the country’s improved public health situation, certain vaccination requirements are suspended as of June 20. Federally Regulated Travel Sector...more

Canada: Another Arbitrator Dismisses Grievance Disputing Mandatory Vaccination Policy

On April 27, 2022, in Canada Post Corporation v. Canadian Union of Postal Workers (Canada Post), Arbitrator Thomas Joliffe, Q.C. dismissed a union grievance disputing that the unilateral imposition of a mandatory vaccination...more

Ontario, Canada: Masking Requirement in Select Higher-Risk Settings and Certain Directives Extended to June 11

On April 22, 2022, Ontario announced that its Chief Medical Officer of Health (CMOH) is maintaining the existing provincial masking requirements in select higher-risk indoor settings, and the CMOH Directives currently in...more

Canada: Key Trends in Arbitration Awards Pertaining to Mandatory COVID-19 Vaccination Policies

Since late fall 2021, we have seen a steady flow of arbitration awards emerge in Ontario and British Columbia that consider issues relating to mandatory COVID-19 vaccination policies in the unionized workplace. In this...more

British Columbia, Canada: Arbitrator Upholds Electricity Provider’s Vaccination Policy But Severs Discipline Aspect as...

In BC Hydro and Power Authority and IBEW, Local 258, Re, 2022 CarswellBC 837, Arbitrator Gabriel Somjen decided that the mandatory vaccination policy of BC Hydro, British Columbia’s primary electricity supplier, was...more

British Columbia, Canada: Arbitrator Decides Employer Could Terminate Employee Who Refused Government-Ordered Vaccination

On April 4, 2022, in Fraser Health Authority v British Columbia General Employees’ Union, 2022 CanLII 25560, Arbitrator Koml Kandola of the British Columbia Labour Relations Board dismissed the union’s grievance respecting...more

Ontario, Canada: Mandatory Vaccination Policy Upheld Despite Government’s Reduction of COVID-19 Restrictions

On April 4, 2022, in Extendicare Lynde Creek Retirement Residence and United Food & Commercial Workers Canada, Local 175, Arbitrator Stephen Raymond upheld a retirement home’s mandatory vaccination policy as a reasonable...more

Ontario, Canada Arbitrator Decides Mandatory Vaccination Policy Does Not Infringe Charter of Rights and Freedoms

In The Toronto District School Board and CUPE, Local 4400 (Re: PR734 COVID-19 Vaccine Procedure) (TDSB and CUPE), Arbitrator William Kaplan upheld the Toronto District School Board’s (TDSB) mandatory COVID-19 vaccination...more

Ontario, Canada: Another Arbitration Decision Upholds Mandatory COVID-19 Vaccination Policy

In Unifor Local 973 v Coca-Cola Canada Bottling Limited, 2022 CanLII 20322, Arbitrator Mark Wright made another contribution to the “weight of authority” in Ontario labour arbitration awards pertaining to mandatory COVID-19...more

143 Results
 / 
View per page
Page: of 6

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide