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Littler

Ontario, Canada Appeal Court Confirms Employment Contract Frustrated by Employee’s Refusal to Comply With COVID-19 Vaccination...

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In Croke v. VuPoint System Ltd., 2024 ONCA 354, the Court of Appeal for Ontario (OCA) upheld the Superior Court of Justice – Ontario (SCJ)’s summary judgment decision that an employee’s refusal to comply with their employer’s...more

Ius Laboris

Canadian court upholds termination of unvaccinated worker

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The Ontario Court of Appeal recently held that an employee’s failure to meet COVID-19 vaccination requirements imposed by a third party amounted to frustration of the employment contract. As a result, there was no obligation...more

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Ontario, Canada Arbitrator Upholds Reasonableness of Hospital Vaccination Policy Providing for Employment Termination of...

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An arbitrator recently issued the first award in Ontario to address and uphold the reasonableness of a hospital vaccination policy that provides for the termination of employment for non-compliance.  In Lakeridge Health and...more

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Ontario, Canada: Paid Infectious Disease Emergency Leave (IDEL) Ends March 31 But Unpaid IDEL Remains Available

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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

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Ontario, Canada Court Finds Employment Contract Frustrated by Employee’s Refusal to Become Vaccinated Against COVID-19

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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

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Ontario, Canada Makes Changes to COVID-19 Requirements for Long Term Care Homes

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As of October 14, 2022, Ontario made the following changes to its COVID-19 requirements for long term care (LTC) homes, as set out in its COVID-19 guidance document....more

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Ontario, Canada Arbitrator Finds Three-Dose Mandatory Vaccination Requirement Reasonable in Long-Term Care Homes

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In Regional Municipality of York v Canadian Union of Public Employees, Local 905 (Long Term Care Unit), 2022 CanLII 78173, Arbitrator Stephen Raymond decided that a mandatory vaccination policy (Policy) requiring employees in...more

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Ontario, Canada: Availability of Deemed IDEL Ended on July 30, 2022 But Unpaid and Paid IDEL Still Available to Eligible Employees

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Deemed IDEL No Longer Available - In May of 2020, Ontario filed O. Reg. 228/20, which provided that a non-unionized employee who did not perform their job duties during the “COVID-19 period” because their work hours were...more

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Ontario, Canada: Three Paid COVID Sick Days Extended Until March 31, 2023

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On July 21, 2022, Ontario filed Regulation 464/22, which amends O. Reg. 228/20: Infectious Disease Emergency Leave Regulation to extend the availability of Paid Infectious Disease Leave (Paid IDEL) until March 31, 2023. ...more

Littler

Ontario, Canada: Arbitrator Decides Employer Discriminated on Basis of Creed in Denying Request for Vaccine Policy Exemption

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In Public Health Sudbury & Districts v. Ontario Nurses’ Association, 2022 CanLii 48440 (ON LA), Arbitrator Robert J. Herman decided that the grievor was discriminated against on the basis of creed under the Ontario Human...more

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Ontario, Canada: Masking Requirement in Select Higher-Risk Settings and Certain Directives Extended to June 11

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On April 22, 2022, Ontario announced that its Chief Medical Officer of Health (CMOH) is maintaining the existing provincial masking requirements in select higher-risk indoor settings, and the CMOH Directives currently in...more

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Ontario, Canada Arbitrator Decides Mandatory Vaccination Policy Does Not Infringe Charter of Rights and Freedoms

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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

Littler

Ontario, Canada Removing Masking Requirement on March 21 in Most Settings and Ending All COVID-19 Public Health Measures on April...

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On March 1, 2022, Ontario moved to the Roadmap Exit Step, as amended. We provided a summary of the restrictions that were eliminated on that date and those that would continue to exist....more

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Ontario, Canada Moves to Roadmap Exit Step, as Amended

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Last May, Ontario released its Roadmap to Reopen, a three-step plan to safely and gradually reopen the province and loosen certain public health restrictions. In July, Ontario filed O. Reg. 541/21, which added a new “Roadmap...more

Stikeman Elliott LLP

Mandatory Vaccines: Another Policy Upheld in Ontario

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In Bunge Hamilton Canada, Hamilton, Ontario v. United Food and Commercial Workers Canada, Local 175, the arbitrator found that a mandatory vaccination policy requiring unvaccinated unionized employees to be placed on unpaid...more

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Ontario, Canada: Another Arbitrator Upholds a Mandatory COVID-19 Vaccination Policy

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In Bunge Hamilton Canada, Hamilton, Ontario v. United Food and Commercial Workers Canada, Local 175 (Bunge), Arbitrator Robert J. Herman dismissed a union grievance challenging the employer’s mandatory COVID-19 vaccination...more

Stikeman Elliott LLP

Ontario Updates: Further Extensions to Paid and Deemed Infectious Disease Emergency Leave

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On December 7, 2021, the Ontario government announced an extension to paid Infectious Disease Emergency Leave (“IDEL”) until July 31, 2022. The government also extended deemed IDEL until July 30, 2022. Deemed IDEL provides...more

Littler

Ontario, Canada Court Confirms Unions Must Challenge Mandatory Vaccination Policies Before Labour Arbitrators Rather than Courts

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On November 19, 2021, in Amalgamated Transit Union, Local 113 v. Toronto Transit Commission and National Organized Workers Union v. Sinai Health System, 2021 ONSC 7658 (TTC/Sinai Decision), the Ontario Superior Court...more

Littler

Ontario, Canada: Arbitration Award Considers Issues Pertaining to “Vaccinate or Test” Policies

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On November 12, 2021, in Ontario Power Generation and The Power Worker Union (OPG), Arbitrator John C. Murray considered issues relating to a Vaccinate or Test Policy (Policy) that provided, among other things, that if...more

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Ontario, Canada Arbitrator Deems Employer’s Mandatory COVID-19 Vaccination Policy Unreasonable

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On November 11, 2021, only two days after Arbitrator Von Veh upheld a mandatory vaccination policy in United Food and Commercial Workers Union, Canada Local 333 v. Paragon Protection Ltd. (Paragon), Arbitrator Stout struck...more

Littler

Ontario, Canada: Arbitrator Upholds Mandatory COVID-19 Vaccination Policy

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On November 9, 2021, in United Food and Commercial Workers Union, Canada Local 333 v. Paragon Protection Ltd. (Paragon), Arbitrator Von Veh in Ontario dismissed a union’s policy grievance and upheld a mandatory COVID-19...more

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Ontario, Canada Court Ends Injunction Staying Termination of Unvaccinated Employees under Mandatory COVID-19 Vaccination Policy on...

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On October 29, 2021, in Blake v. University Health Network, 2021 ONSC 7139 (Blake), the Ontario Superior Court of Justice discontinued an interim injunction that it had issued on October 22, 2021, staying the terminations of...more

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Ontario, Canada Announces Mandatory COVID-19 Vaccination and Testing Requirements for Long-term Care Homes

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With the Delta variant putting residents and staff in long-term care homes at risk of contracting COVID-19, on October 1, 2021, Ontario announced certain mandatory vaccination and randomized testing requirements....more

Faegre Drinker Biddle & Reath LLP

Ontario Again Extends Temporary Relief from the ESA’s Termination and Severance Provisions

As we previously highlighted, on May 29, 2020, the Province of Ontario enacted Ontario Regulation 228/20, Infectious Disease Emergency Leave (IDEL Regulation), under the Employment Standards Act, 2000 (ESA). The IDEL...more

Littler

Ontario, Canada Adds Outdoor Areas of Select Business Premises to List of Those Requiring Patrons’ Proof of Vaccination and Eases...

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In July, Ontario entered Step Three of its Roadmap to Reopen, and on September 22, 2021, began to require full vaccination (two doses plus 14 days) with proof of vaccination and ID to access restaurants and certain public...more

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