On December 6, 2018 the Ontario Legislative Assembly passed the Restoring Trust, Transparency and Accountability Act, 2018 (“Bill 57”), an omnibus bill that, among other things, postpones the coming into force of the Pay Transparency Act, 2018 (the “Pay … Continue Reading
On November 21, 2018 the Making Ontario Open For Business Act, 2018 (“Bill 47”) received Royal Assent and became law in Ontario.
Bill 47 repeals many of the changes to the Employment Standards Act, 2000 (“ESA”) and the … Continue Reading
The Ontario Court of Appeal has upheld the termination pay clause of an employment contract in Amberber v. IBM Canada Ltd. 2018 ONCA 571 by using a refreshing and common sense approach in overturning the trial judge’s findings.
The … Continue Reading
On May 18, 2018, the Human Rights Tribunal of Ontario (the “Tribunal”) released an interim decision in Talos v. Grand Erie District School Board, 2018 HRTO 680, finding that the termination of an employee’s health, dental and life … Continue Reading
The Ontario provincial election will take place on Thursday, June 7, 2018. Aside from the election results themselves, the most pressing question triggered by this event for many employers is: are my employees entitled to paid time off to vote?… Continue Reading
On April 26, 2018, Ontario passed the Pay Transparency Act, 2018 (the “Act”). The legislation is part of a larger provincial initiative designed to remove barriers to equality in the workplace, particularly in the context of compensation and hiring practices.… Continue Reading
Effective January 1, 2018, Bill 148 enacted a new manner of calculating public holiday pay under section 24(1)(a) of the Ontario Employment Standards Act, 2000 (“ESA”).
After discussions with stakeholders, the Government of Ontario has passed a new regulation (Ontario … Continue Reading
On March 6, 2018, the Hon. Kevin Flynn, Ontario Minister of Labour, introduced legislation entitled Bill 203, Pay Transparency Act, 2018. Bill 203 is part of a government initiative in Ontario to close the wage gap between women and … Continue Reading
The rapid and significant changes to the legal status of marijuana in Canada raise new questions and challenges for employers across the country. In Ontario, some of these questions were answered when Bill 174, Cannabis, Smoke-Free Ontario and Road Safety … Continue Reading
In Krishnamoorthy v. Olympus Canada Inc., 2017 ONCA 873, the Ontario Court of Appeal (“ONCA”) overturned the motion for summary judgment and confirmed that the purchaser of a business’ assets (as opposed to a business’ shares) can choose to … Continue Reading
Several amendments to the Employment Standards Act, 2000, including the amendments to the parental leave provisions, have already come into force since Bill 148 received Royal Assent on Monday, November 27, 2017. Many more will come into force on … Continue Reading
The new year is fast approaching, bringing with it colder weather, holiday party invites and… a filing obligation under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA).
If you are a business or non-profit organization with 20 or more … Continue Reading
Bill 148, the Fair Workplaces, Better Jobs Act, 2017 received Royal Assent on Monday, November 27, 2017 triggering the coming into force of select Bill 148 amendments.
The amendment targeting independent contractor relationships (“No treating as if not employee”, to … Continue Reading
In Papp v. Stokes et al, 2017 ONSC 2357, plaintiff Adam Papp was terminated without cause after working for Stokes Economic Consulting (“Stokes”) for approximately two years and eight months. Shortly after being informed of his termination, Mr. Papp … Continue Reading
Employers should expect possible changes to employment standards legislation and labour relations legislation.
The Special Advisors to the Ontario government’s Changing Workplaces Review have released their Final Report. The Final Report proposes 173 amendments to the Employment Standards Act, … Continue Reading
When a termination clause in an employment agreement is unclear or ambiguous, the ambiguity is generally read against the employer. In some decisions – such as Roden v Toronto Humane Society (2005), Oudin v Centre Francophone de Toronto (2016) and … Continue Reading
On February 1, 2017, the Ontario Human Rights Commission (the “Commission”) released a policy position on the medical documentation to be provided when a disability-related accommodation request is made. This policy position supplements and reaffirms section 8.7 of the Commission’s … Continue Reading
Discrimination on the basis of age will soon be prohibited under the Alberta Human Rights Act with respect to the provision of goods, services, accommodation and facilities. Traditionally, the prohibition on age discrimination was limited to employment under … Continue Reading
Employers registered with the Ontario Workplace Safety and Insurance Board (WSIB) may be entitled to cost relief from workers’ compensation costs arising from a workplace accident if the worker’s prior disability caused or contributed to the compensable accident, or if … Continue Reading
The Ontario courts are continuing to recognize the purpose and policy goals of the Arthur Wishart Act. This is to avoid the perceived inequities of powers within the contractual relationship and to narrowly construe the exceptions set out in … Continue Reading
In Richmond Hill (Town) v. Elginbay Corporation, 2016 ONSC 5560, the Town of Richmond Hill (the “Town”) appealed to the Divisional Court, with leave, from a decision of the Ontario Municipal Board (the “Board”) which had approved the Town’s … Continue Reading