As our readers will already be aware, since the new U.S. Administration took office on January 20, 2025, it has both proposed and implemented tariffs (the “U.S. Tariffs”) which have posed significant threats to the Canadian...more
The Ontario government recently announced January 1, 2026, as the effective date for the new pay transparency requirements in relation to publicly advertised job postings under the Ontario Employment Standards Act, 2000 (the...more
In the recent Bertsch v. Datastealth Inc., 2024 ONSC 5593 decision, the Ontario Superior Court of Justice upheld the enforceability of a "with or without cause" termination provision that limited the employee's entitlement on...more
On May 6, 2024, the Ontario Government introduced Bill 190, the Working for Workers Five Act, 2024 (“Bill 190”), which, if passed, will provide new protections for workers, the key details of which are summarized below. The...more
5/8/2024
/ Canada ,
Employees ,
Employer Liability Issues ,
Employment Standards Act ,
Fines ,
Hiring & Firing ,
International Labor Laws ,
Labor Law Violations ,
Labor Reform ,
Ontario ,
Pending Legislation ,
Regulatory Agenda ,
Wage and Hour
On March 21, 2024, the Working for Workers Four Act, 2024 (“Bill 149”) received Royal Assent. Bill 149 amends the Ontario Employment Standards Act, 2000 (the “ESA”) to include a new section pertaining to job postings, which...more
4/3/2024
/ Artificial Intelligence ,
Canada ,
Disclosure Requirements ,
Employer Liability Issues ,
Employment Standards Act ,
Hiring & Firing ,
Innovative Technology ,
International Labor Laws ,
Job Ads ,
Job Applicants ,
Labor Reform ,
Machine Learning ,
Ontario ,
Pay Transparency ,
Pending Legislation ,
Regulatory Agenda ,
Wage and Hour
In the recent United Steelworkers Local 14193 v Cameco Fuel Manufacturing Inc., 2023 CanLII 115899 (CA LA) decision (“Cameco Fuel Manufacturing”), the arbitrator allowed a federal employer to deduct an entitlement to Canada...more
3/19/2024
/ Arbitration ,
Canada ,
Employee Benefits ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Entitlements ,
International Labor Laws ,
Labour Code ,
Medical Leave ,
Offsets ,
Paid Sick Leave ,
Unions ,
United Steelworkers ,
Wage and Hour
In Dufault v. The Corporation of the Township of Ignace ("Dufault"), the Ontario Superior Court of Justice, on a summary judgment motion, found the termination without cause provision of a fixed-term employment contract...more
The Ontario Superior Court of Justice’s decision in Boyer v. Callidus, 2024 ONSC 20 (“Callidus”) serves as a helpful reminder to employers of the importance of carefully drafting, documenting, and communicating contractual...more
2/16/2024
/ Bonuses ,
Canada ,
Compensation & Benefits ,
Damages ,
Employee Benefits ,
Employment Litigation ,
Former Employee ,
Incentive Compensation ,
International Labor Laws ,
Ontario ,
Stock Options ,
Vacation Pay ,
Wage and Hour
On November 14, 2023, the Government of Ontario introduced the Working for Workers Four Act, 2023 (“Bill 149”). If passed, the proposed legislation will amend the Ontario Employment Standards Act, 2000 (the “ESA”) to include...more
11/21/2023
/ Artificial Intelligence ,
Canada ,
Disclosure Requirements ,
Employer Liability Issues ,
Employment Standards Act ,
International Labor Laws ,
Job Ads ,
Labor Reform ,
Legislative Agendas ,
OHSA ,
Ontario ,
Pay Transparency ,
Pending Legislation ,
Regulatory Agenda ,
Wage and Hour
Accessibility Compliance Reports Due on December 31, 2023 -
As a quick refresher, the AODA sets out a process for developing, implementing and enforcing accessibility standards in the province of Ontario....more
A number of changes to the Canada Labour Code (the “Code”) and its regulations have recently come into effect or will be coming into effect over the next year. Many of these changes have been set for a long period of time,...more
9/28/2023
/ Canada ,
Corporate Counsel ,
Employee Benefits ,
Hiring & Firing ,
International Labor Laws ,
Labor Reform ,
Labour Code ,
Reasonable and Necessary Expenses ,
Regulatory Requirements ,
Reimbursements ,
Wage and Hour
In Ontario, an employer is prohibited from unlawfully discriminating against a person in respect of employment, including at the recruitment phase, due to grounds protected under the Ontario Human Rights Code (the “Code”)....more
In Salina v. Investors Group Financial Services Inc., 2023 BCS41 C 86 (the “Decision”), the Supreme Court of British Columbia (the “Court”) considered the question of whether an employer owes its employee a duty of care in...more
On March 20, 2023, the Ontario government announced the introduction of Bill 79, the Working for Workers Act, 2023 (“Bill 79”). If passed, Bill 79 will make several amendments to Ontario’s employment standards and...more
4/7/2023
/ Canada ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Standards Act ,
International Labor Laws ,
Labor Reform ,
Legislative Agendas ,
Minimum Wage ,
Ontario ,
Pending Legislation ,
Regulatory Agenda ,
Wage and Hour
An international secondment takes place when an employee (or group of employees) is temporarily assigned to work for a different part of their employer or employer's group in another jurisdiction or for a different...more
The Ontario Superior Court of Justice recently released a decision, Incognito v. Skyservice Business Aviation Inc., 2022 ONSC 1795 (“Skyservice”), in which it struck out a Plaintiff’s claim for vicarious liability against her...more
In a welcome decision for employers, the Supreme Court of Canada recently denied leave to appeal of the Ontario Court of Appeal’s decision in Battiston v. Microsoft Canada Inc., 2021 ONCA 727 (“Battiston”)....more
The Government of Canada announced yesterday that Monday September 19, 2022 will be a National Day of Mourning in Canada, to mark the passing of Queen Elizabeth II, on the date of her funeral in London, United Kingdom. ...more
On April 11, 2022, the Ontario government’s Bill 88, the Working for Workers Act, 2022 (“Bill 88”), received royal assent. Earlier this year, we wrote about Bill 88 on this blog, when it was still at second reading. In...more
4/22/2022
/ Canada ,
Employee Rights ,
Employer Liability Issues ,
Employment Standards Act ,
Gig Economy ,
Independent Contractors ,
International Labor Laws ,
Labor Reform ,
Minimum Wage ,
OHSA ,
Ontario ,
Pending Legislation ,
Regulatory Agenda ,
Wage and Hour
The federal government recently published its Final Report on the Right to Disconnect. While federal legislation regarding the right to disconnect is yet to be tabled, the government has engaged with federally regulated...more
In December 2021, Bill 27, the Working for Workers Act, 2021 (“Bill 27”) received Royal Assent. We provided our summary and comments on Bill 27 on this blog, focusing in particular on the legislation’s prohibition of...more
On January 27, 2022 Ontario filed Regulation 25/22, amending Ontario Regulation 364/20, Rules for Areas at Step 3 (the “Step 3 Regulation”).
On January 31, 2022, all public health units in Ontario will again move to Step 3...more
Throughout 2021, employers continued to grapple with the challenges posed by the COVID-19 pandemic. As a result, employers may not have been focused on workplace priorities unrelated to COVID-19. In the circumstances, we have...more
1/14/2022
/ Canada ,
Employee Training ,
Employer Liability Issues ,
Employment Contract ,
Employment Policies ,
Hiring & Firing ,
Incentive Compensation ,
International Labor Laws ,
Minimum Wage ,
Non-Compete Agreements ,
Ontario ,
OSHA ,
Wage and Hour ,
Workplace Safety