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 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
The first deadline for compliance with the Accessible Canada Act (ACA) and its regulations is only two and a half months away. By June 1, 2023, federally regulated employers that had 100 or more employees in 2021 must comply....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
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
3/14/2023
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
Frustration of a Common Purpose ,
Hiring & Firing ,
Infectious Diseases ,
International Labor Laws ,
Ontario ,
Vaccinations
In a recent decision under the Labor Relations Act, 1995, Arbitrator Adam Beatty dismissed four union grievances concerning the National Day of Mourning, which was declared following the death of Queen Elizabeth. The grievors...more
3/7/2023
/ Canada ,
Collective Agreements ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Holiday Pay ,
Holidays ,
International Labor Laws ,
Labor Relations ,
Ontario ,
Unions ,
Wage and Hour
The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC...more
When Bill C-19, Budget Implementation Act, 2022, No. 1 received Royal Assent in June 2022, it amended Canada’s Competition Act (Act) by including a new provision, s. 45(1.1), which comes into force on June 23, 2023. Section...more
1/24/2023
/ Canada ,
Canadian Competition Act ,
Comment Period ,
Competition ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
International Labor Laws ,
Labor Reform ,
New Guidance ,
No-Poaching ,
Regulatory Agenda ,
Wage and Hour ,
Wage-Fixing
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 Osmani v. Universal Structural Restorations Ltd., 2022 ONSC 6979, an Ontario court was the first to consider a claim for damages for the statutory tort of human trafficking under the Prevention of and Remedies for Human...more
1/18/2023
/ Canada ,
Damages ,
Employees ,
Exploitation ,
Foreign Workers ,
Hostile Environment ,
Human Trafficking ,
International Labor Laws ,
Labor Law Violations ,
Ontario ,
Tort ,
Vulnerable Victims ,
Work Permits
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
In Tar Heel Investments Inc. v. H.L. Staebler Co. Ltd., 2022 ONCA 842, a business alleged that its former employee sold two books of business to a subsequent employer. The Superior Court of Justice (SCJ) found that the...more
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
In Yates v. Langley Motor Sport Centre Ltd., 2022 BCCA 398, the Court of Appeal for British Columbia (BCCA) decided that Canada Emergency Response Benefit (CERB) payments should not be deducted from damage awards for wrongful...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
In Ontario English Catholic Teachers Assoc. v. His Majesty, 2022, ONSC 6658, Ontario’s Superior Court of Justice declared Bill 124, Protecting a Sustainable Public Sector for Future Generations Act (Act), to be void and of no...more
12/13/2022
/ Canada ,
Collective Bargaining ,
Constitutional Challenges ,
Employer Liability Issues ,
Employment Litigation ,
Freedom of Association ,
International Labor Laws ,
Labor Reform ,
New Regulations ,
Ontario ,
Wage and Hour
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
The World Cup is fast approaching! Over the course of the tournament, we will be publishing our own matchups, comparing various aspects of labor and employment law in some of the participating countries. In Part I of this...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
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
11/11/2022
/ Coronavirus/COVID-19 ,
Discrimination ,
Duty to Accommodate ,
Emergency Management Plans ,
Healthcare ,
Infectious Diseases ,
Motion for Reconsideration ,
Ontario Human Rights Tribunal ,
Patient Rights ,
Policies and Procedures ,
Reasonable Accommodation ,
Residential Care Facilities
UPDATE: On November 3, 2022, Bill 28, Keeping Students in Class Act, 2022, received Royal Assent.
On October 31, 2022, in an unprecedented bid to prevent school board employees represented by the Canadian Union of Public...more
11/4/2022
/ Canada ,
Educational Institutions ,
Employee Rights ,
Employees ,
International Labor Laws ,
Labor Reform ,
Labor Relations ,
Ontario ,
Pending Legislation ,
School Boards ,
Strike ,
Students ,
Teachers ,
Unions