On April 11, 2022, Bill 88, Working for Workers Act, 2022 (Bill 88), received Royal Assent and became law. Among other things, Bill 88 enacted the new Digital Platform Workers’ Rights Act, 2022 (DPWRA).1 The DWPRA did not...more
9/11/2024
/ Canada ,
Corporate Counsel ,
Digital Platforms ,
Employees ,
Employer Liability Issues ,
Employment Standards Act ,
Gig Economy ,
International Labor Laws ,
Labor Reform ,
New Legislation ,
Wage and Hour
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
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
8/24/2023
/ Canada ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Breach ,
Data Management ,
Employees ,
Employment Litigation ,
International Labor Laws ,
Personal Information ,
Statutory Violations ,
Vicarious Liability ,
Willful Violations
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 May 11, 2023, British Columbia, Canada’s Bill 13, Pay Transparency Act (Act), received Royal Assent. Section 2 of the Act, which addresses the employer’s obligations regarding publicly advertised job opportunities, comes...more
5/24/2023
/ Canada ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
International Labor Laws ,
Labor Reform ,
Legislative Agendas ,
Pay Transparency ,
Pending Legislation ,
Regulatory Agenda ,
Wage and Hour
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
3/16/2023
/ Canada ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Standards Act ,
Hiring & Firing ,
International Labor Laws ,
Labor Reform ,
Notice Requirements ,
Ontario ,
Proposed Legislation ,
Regulatory Agenda ,
Remote Working ,
Telecommuting ,
Termination
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
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
In a wrongful dismissal action against four corporate defendants that were part of a family business, the plaintiff claimed the defendants were common employers, that he was their employee prior to his dismissal, and was...more
In Wisser v CEM International Management Consultants Ltd, 2022 ABQB 414 (CEM International), the court used the oppression remedy to hold directors of a corporation personally liable for damages for wrongful dismissal after...more
8/18/2022
/ Canada ,
Corporate Counsel ,
Damages ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Independent Contractors ,
International Labor Laws ,
Severance Pay ,
Wrongful Termination
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
6/24/2022
/ Canada ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Emergency Management Plans ,
Health and Safety ,
Infectious Diseases ,
International Labor Laws ,
International Travel ,
Public Health ,
Traveling Employee ,
Vaccinations
In M & P Drug Mart Inc. v. Norton, 2022 ONCA 398, the Court of Appeal for Ontario (OCA) dismissed an employer’s appeal of an application judge’s decision that a non-competition clause in an employment agreement governed by...more
5/31/2022
/ Ambiguous ,
Appeals ,
Canada ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
International Labor Laws ,
Non-Compete Agreements ,
Ontario ,
Restrictive Covenants ,
Unenforceable Contract Terms
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
5/19/2022
/ Arbitration ,
Canada ,
Collective Agreements ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Policies ,
Grievance Process ,
Infectious Diseases ,
International Labor Laws ,
Vaccinations ,
Workplace Safety
In Beach Place Ventures Ltd. v. Employment Standards Tribunal, 2022 BCCA 147, the British Columbia Court of Appeal (BCCA) upheld a determination by the Employment Standards Tribunal (Tribunal) that three taxi drivers...more
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
4/27/2022
/ Arbitration ,
Arbitration Awards ,
Canada ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
International Labor Laws ,
Unions ,
Vaccinations ,
Workplace Safety
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
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
3/25/2022
/ Arbitration ,
Canada ,
Collective Agreements ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Infectious Diseases ,
International Labor Laws ,
Unions ,
Vaccinations ,
Workplace Safety
Fully Vaccinated Travellers -
On March 17, 2022, Canada announced that, effective April 1, 2022, fully vaccinated travellers will no longer be required to provide a pre-entry COVID-19 test result to enter Canada....more
3/21/2022
/ Canada ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Emergency Management Plans ,
Health and Safety ,
Infectious Diseases ,
International Labor Laws ,
International Travel ,
Public Health ,
Screening Procedures ,
Travel Restrictions ,
Traveling Employee ,
Vaccinations ,
Virus Testing
In United Utility Workers’ Association of Canada v Dataco Utility Services Ltd., 2022 CanLII 13414 (AB GAA), Arbitrator John Moreau, Q.C., dismissed 11 grievances filed on behalf of 11 service technicians (Grievors) of Dataco...more
3/9/2022
/ Breach of Contract ,
Canada ,
Collective Agreements ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Grievance Process ,
Hiring & Firing ,
Infectious Diseases ,
International Labor Laws ,
Layoffs ,
Severance Pay ,
Wage and Hour
In Power Workers’ Union v Elexicon Energy Inc., 2022 CanLII 7228 (ON LA) (Elexicon Energy), a union challenged the reasonableness of an electricity distribution company’s mandatory COVID-19 vaccination policy (Policy). ...more
2/17/2022
/ Arbitration ,
Arbitrators ,
Canada ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Exempt-Employees ,
Infectious Diseases ,
International Labor Laws ,
Unions ,
Vaccinations ,
Workplace Safety
In 2021, 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 2021 developments, with links to more detailed...more
12/17/2021
/ Canada ,
Corporate Counsel ,
Employer Liability Issues ,
Employer Mandates ,
Employment Discrimination ,
Employment Litigation ,
Hiring & Firing ,
International Labor Laws ,
Labor Reform ,
New Legislation ,
Unpaid Wages ,
Vaccinations ,
Wage and Hour ,
Workplace Harassment Guidance ,
Workplace Violence ,
Wrongful Termination
On October 22, 2021, Ontario announced the release of its phased plan to gradually lift all remaining public health and workplace safety measures by March 2022, as set out in A Plan to Safely Reopen Ontario and Manage...more
Canada’s federal Pay Equity Act (Act) received Royal Assent on December 13, 2018. The purpose of the Act is to create a proactive pay equity regime within the federal public and private sectors to ensure that federally...more
In EllisDon Construction Ltd. v. Labourers’ International Union of North America, Local 183, 2021 CanLII 50159, an Arbitrator in Ontario decided that when the intrusiveness of an employer’s compulsory Rapid COVID-19 Antigen...more
7/14/2021
/ Arbitration ,
Canada ,
Collective Agreements ,
Construction Workers ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
Public Health Emergency ,
Screening Procedures ,
Virus Testing ,
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