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Bill 149 Receives Royal Assent—New and Upcoming Legislative Changes for Ontario Employers

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On March 21, 2024 Bill 149, Working for Workers Four Act, 2023 (Bill 149) received Royal Assent. As discussed in our initial blog, More Legislative Changes on the Horizon for Ontario Employers, late last year when the...more

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Fundamental Breach or Reasonable Balance? Alberta Court Affirms Employer’s Mandatory COVID-19 Vaccination Policy

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In the case of Van Hee v Glenmore Inn Holdings Ltd., 2023 ABCJ 244 (Van Hee), Justice L.L. Burt of the Alberta Court of Justice (the Court) held that an employer was justified in unilaterally placing an employee on an unpaid...more

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Changes to Ontario's Employment-Related Legislation Have Arrived

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As you may have heard or read in our earlier blog, More Changes to Ontario's Employment-Related Legislation Are on the Horizon, the Ontario government introduced Bill 79, Working for Workers Act, 2023 in late March 2023. On...more

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Alberta Court Confirms Exclusive Jurisdiction of Labour Arbitrator Over Mandatory Vaccination Policy

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The Court of King's Bench of Alberta recently applied the long-standing principle that labour arbitrators have exclusive jurisdiction to adjudicate disputes arising under a collective agreement, even in the context of an...more

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Alberta Court of Appeal Provides Helpful Guidance Regarding Time for Employee to Claim Constructive Dismissal

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Key Highlights - - A constructive dismissal does not occur automatically just because an employer has unilaterally changed a key term of employment—the employee must reject the change. - The employee must reject the...more

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Ontario Superior Court on the Enforceability of Termination Provisions in Employment Agreements

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A Question of Mixed Fact and Law - In a decision for which leave to appeal was denied by the Divisional Court, the Ontario Superior Court of Justice recently confirmed that a Rule 21 motion, seeking a determination of a...more

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The Clock’s Ticking: Ontario Court of Appeal Dismisses Bank’s Appeal in Overtime Class Action

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After nearly 15-years of protracted litigation, the Ontario Court of Appeal recently dismissed the Canadian Imperial Bank of Commerce’s appeal of Justice Belobaba’s trio of decisions, released in 2020, finding that CIBC’s...more

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Supreme Court Confirms Labour Arbitrators Have Exclusive Jurisdiction Over Human Rights Complaints in Unionized Workplaces

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The Supreme Court of Canada recently confirmed that, subject to express legislative intent to the contrary, where labour legislation provides for the final settlement of disputes arising from a collective agreement, the...more

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Ontario Introduces Employee-Friendly Legislation Which Includes Prohibition on Non-Competes

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The Ontario government introduced legislation on October 25, 2021, which if passed, will prohibit non-competes in employment agreements, mandate that employers have a "disconnect from work" policy and require temporary help...more

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Labour Arbitrator Upholds Employee Termination After Surreptitious Interference with Employer's Virtual File Storage

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In a recent labour arbitration decision, TELUS v United Steelworkers, Telecommunications Workers Union National Local 1944 (Heywood), Arbitrator Jolliffe, Q.C., upheld the termination of a long-service, unionized employee for...more

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Ontario Employers Need to Review their Employment Agreements—the Waksdale Decision is Here to Stay

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On January 15, 2021, the Supreme Court of Canada denied an application for leave to appeal from the Ontario Court of Appeal's June 2020 decision in Waksdale v Swegon North America Inc., 2020 ONCA 391. As a result, many...more

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