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
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
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
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
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
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