Employment & Labour Relations

Employer’s Disturbing Termination Conduct Results in $15,000 Moral Damages Award

Teljeur v Aurora Hotel Group 2023 ONSC 1324 provides example of post-termination conduct and bad faith damages.

Court of Appeal Confirms Setting Aside an Arbitral Award is a “Tall” Order

The Ontario Court of Appeal decision in Tall Ships Development Inc. v. Brockville (City) illustrates when a Court will interfere with an arbitration award.

Substratum What Now?! Employee Promotions May Undermine Your Written Contracts

An Ontario decision warns employers about the costly consequences of promoting employees without updating their employment agreements.

Employment and Privacy Implications of Recent BC Time Theft Case

A recent BC decision has affirmed the position that employee Time Theft is just cause for dismissal.

Not So Independent: What Businesses Need To Know About Terminating “Dependent” Contractors

Firing a contractor is not as easy or straightforward as it seems. Depending on the relationship, a contractor can be deemed to be an employee. Find out why.

The Importance of Policy Considerations on the Deductibility of Employee Benefits

In a recent decision the BC Court of Appeal provided clarity and guidance on the rules regarding the deductibility of employee benefits from wrongful dismissal awards

Prior Employee Experience May Enhance Common Law Entitlements

proper termination practices, punitive damages, moral damages, wrongful dismissal damages

Holiday Parties are Coming Up – How to Minimize Risks while Maximizing Fun

Canada Embraces the Indo-Pacific: New Canadian Strategy Expands Opportunities for Two-way Trade and Investment

Canada announces new Indo-Pacific Strategy, applies to join Indo-Pacific Economic Framework, and what it all means for Canadian businesses.

Update for Federal Employers: Changes to the Canada Labour Code and Regulations

Federal employers should prepare for the forthcoming approval and implementation of several regulations proposed under the Canada Labour Code.

Setting the Record Straight on Probation Clauses

The test for dismissal of a probationary employee is suitability for continued employment.

Record-Tying General Damages Awarded by Alberta’s Human Rights Tribunal

Alberta's Human Rights Tribunal sent a strong warning to employers that behave badly by ordering one of the highest general damages awards in its history.

$55,000 Punitive and Moral Damages Award Underscores Importance of Proper Termination Practices

proper termination practices, punitive damages, moral damages, wrongful dismissal damages

Alleviating the Labour Shortage: Limit on Student Work Hours Temporarily Lifted

Recent immigration policy changes relating to off-campus work by international students in Canada

Unpaid Leave for Failure to Vaccinate Not a Termination of Employment

In the first civil case since mandatory vaccination policies have become widely implemented by employers throughout Canada, a British Columbia Court has ruled on the validity of mandatory vaccination policies and an employer's right to place non-compliant employees on an unpaid leave of absence.

Just Say No (to Fixed-Term Employment Contracts): Court Awards 23 Months’ Pay to Former Business Owner

The Ontario Superior Court of Justice has issued another warning to employers who enter into fixed-term contracts with their employees.

New Guidance on Ontario’s Workplace Monitoring Disclosure Regime

This bulletin provides guidance regarding Ontario's new electronic monitoring disclosure obligations for employers under the Employment Standards Act.

ONCA: How to Calculate Reasonable Notice After a Court-Approved Plan Under the CCAA

An Ontario court has clarified the basis on which reasonable notice should be calculated following a court-approved plan of arrangement under the CCAA.

Government of Canada Clarified Intended Medical Leave with Pay for Federally Regulated Employees

The Government of Canada has published regulations clarifying how paid medical leave for employees will work.

Round One of Competition Act Amendments Passed; National Security Review Regime Amended

New amendments to the Competition Act were passed today as part of the budget implementation bill.

The Federal Government Suspends its Mandatory Vaccination Requirements

The Government of Canada has lifted its mandatory vaccination requirements for employees in the air, marine and rail sectors.

Court of Appeal: Single Incident of Sexual Harassment is Cause for Termination

Ontario’s Court of Appeal has upheld the termination of a 30-year employee for cause following a single incident of sexual harassment.

Ontario Whistle-blower Protections for Regulated Financial Services Sector Now in Effect

New protections for whistle-blowers under the Ontario's Financial Services Regulatory Authority Act in effect as of April 29, 2022.

Competition Act Amendments Introduce New Criminal Offence Against Wage-Fixing and No-Poach Agreements

New proposed amendments to the Competition Act will criminalize agreements between employers regarding wages, working conditions and hiring practices.

Significant Changes Coming to Canada’s Competition Act

The Canadian federal government has introduced a series of significant changes to Canada's Competition Act.

Elections and the Workplace: Know Your Rights and Obligations

Coverage of the 2022 Ontario provincial election discussing the Election Act, employer obligations with respect to voting, and employee political activities.

Change to Paid Sick Leave for BC Employees

BC Government amends new paid sick leave to entitlement based on calendar year and extends entitlement to unionized employees.

BC Lifting COVID Mandates

Significant changes to the Provincial COVID mandates announced in advance of spring break.

Pay No Attention to the Blinking Red Light: Employee Monitoring Laws Announced in Ontario

The Ontario Ministry of Labour has released Bill 88, the Working for Workers Act, 2022, requiring employers to disclose digital employee monitoring practices.

Ontario’s Court of Appeal Clarifies Class Member’s Appeal Rights Post Settlement Approval

The Ontario Court of Appeal has ruled that it has jurisdiction to hear a class action appeal despite a settlement agreement limiting appeal rights.

Federal Employer’s First Annual Harassment and Violence Occurrence Report

Deadline for Federal Employers to file First Annual Harassment and Violence Occurrence Report coming March 1, 2022.

Coming Soon to a Clinic Near You: Mandatory Vaccination for Private Regulated Health Professionals

The BC Government announced on February 9, 2022 that a new Public Health Order will mandate vaccination for all private regulated health professionals.

Federal Government Accepting Comments on Exemptions to Hours of Work Requirements in Air and Rail Transportation, Banking and Telecommunications Sectors

Employers in transportation, banking and telecommunications sectors have until February 23 to comment on proposed hours of work exemptions.

Due Means Due: Ontario Court Considers Effect of Pandemic Measures on New Class Action Mandatory Dismissal Deadline

Ontario court upholds automatic dismissal for delay despite temporary suspension of limitations periods and court closures brought on by the COVID-19 pandemic.

Check Out Time: Court Certifies Class Action for Dismissal of Hotel Employees due to the Pandemic

The Supreme Court of British Columbia has certified litigation involving a group of employees terminated for COVID-19 related reasons as a class action

Alberta Court Upholds “4-Week” Termination Clause

An Alberta Court has upheld a termination clause in an employment contract that limited the employee’s notice period to just four weeks.

Learning to Live with COVID-19: Ontario Releases Amendments Setting Out New Requirements as of January 31, 2022

The Government of Ontario has released the latest amendments to O. Reg 364/20, setting out new requirements for employers as of January 31, 2022.

Mandatory COVID-19 Vaccination Policy Upheld

An Ontario arbitrator upheld an employer's vaccine mandate for both a site where a 3rd party obligation existed and a related site with no such obligation.

Ontario Arbitrators Continue to Uphold Terminations of Employees who Breach COVID-19 Safety Protocols

A recent decision by an Ontario arbitrator further affirmed the notion that dishonesty during COVID screening protocols by an employee can lead to termination.

COVID-19 Safety Plans Reinstated for BC Employers

On January 7, 2022, the BC Government announced that BC employers will again be required to implement COVID-19 Safety Plans in their workplaces.

Combatting Forced Labour in Supply Chains from a Canadian Customs Perspective

Global supply chains are inordinately complex. The focus is not solely on disruptions; forced labour is increasingly in the spotlight.

Mandatory vaccination for federally regulated workplaces coming early 2022

Regulations are being proposed to the Canada Labour Code to mandate vaccination for all federally regulated employees from early 2022

Quebec: An Employer’s Right to Request its Employees’ Vaccination Status

This article discusses an employer's right to request its employees' vaccination status.

Unmasking Employer Accommodation Obligations and Mutual Frustrations

Arbitration decision highlights employer's duty to accommodate in mandatory mask policy; Unifor Local 333 v Moore Packaging Corp.; frustration of employment

Canada Partners with the European Commission to Examine Use of Digital Credentials

Increased standards for digital credentials improve privacy and global functionality - but what does this mean for businesses who use them?

A Rock and a Hard Place: Owner, Employer, and Constructor Liability Under the OHSA

Ontario Court of Appeal - construction project liability under OHSA despite retaining a constructor responsible for health & safety.

Ontario Passes the Working for Workers Act, 2021

Ontario passes legislation creating a right to disconnect and banning non-compete agreements

Risks of Anonymized and Aggregated Data

This article discusses how the anonymized and aggregated data poses risks to businesses, and how to stay compliant with the applicable privacy requirements.

Federal Court Denies Injunction to Suspend Federal Government’s Supplier Mandate

The Federal Court of Canada recently dealt another blow to those challenging workplace vaccine mandates when it denied an interlocutory injunction that would have suspended the implementation of the federal government’s COVID-19 mandatory vaccination requirement for suppliers.

Federal Government Announces Paid Sick Leave for Federally Regulated Private Sector Employees

Federal Government announced amendments to the Canada Labour Code to provide federally regulated private sector employees with 10 days paid sick leave.

You Can’t Get There From Here: Vaccination Mandates in the Transportation Sector

Federal government announces details of mandatory vaccination for air, marine and rail travellers

Paid Sick Leave for BC Employees: What We Know So Far

With effect from January 1, 2022, employees in British Columbia will be entitled to 5 days paid sick leave.

British Columbia Announces Paid Sick Leave Effective January 1, 2022

With effect from January 1, 2022, employees in British Columbia will be entitled to 5 days paid sick leave.

BILL 59 –The Act to Modernize the Occupational Health and Safety Regime in Quebec

This bulletin will highlight the significant changes for employers related to the amendments to the occupational health and safety regime in Quebec

The Tide Turns: Positive Decision for Employers Seeking to Enforce Stock Agreements

A practical assessment of stock award agreements and employee acceptance for employers seeking to enforce stock award agreements.

Mandatory Vaccination Policy: “Reasonable, Enforceable”

A labour arbitrator upheld an employer’s mandatory vaccination policy, finding the policy to be reasonable and enforceable.

The “Right to Disconnect”, a Ban on some Non-Compete Agreements and other Amendments Proposed to the Employment Standards Act, 2000

Update on proposed right to disconnect, ban on non-compete agreements in the Working for the Workers Act, 2021.

Major Canadian Banks Join Net-Zero Banking Alliance (NZBA) — Unpacking the Initiative and Net-Zero Commitments

On the eve of the 2021 United Nations Climate Change Conference, six of Canada’s largest banks announced they had signed on to the Net-Zero Banking Alliance.

Vaccination Mandates in the Construction Industry – What You Need to Know

An overview of vaccination mandates in the Construction industry and what you need to know.

Mandatory Vaccinations for Public Service and Health Care Visitors

Mandatory vaccinations for public service and health care visitors in British Columbia.

Mandatory Mask Policy Does Not Breach Human Rights Act

Alberta's Human Rights Commission has dismissed a complaint alleging that Costco discriminated against a customer who refused to wear a mask or face shield.

Mandatory Workplace COVID-19 Testing Policy Upheld

A recent labour arbitration decision in Ontario found that an employer can implement a mandatory COVID-19 testing policy.

Ontario Divisional Court Allows Employee to Sue for Constructive Dismissal in Morningstar

The Ontario Divisional Court held that constructive dismissal claims for chronic mental stress from workplace harassment are not statute-barred by the WSIA.

British Columbia Reinstates Facemasks in Indoor Public Settings

British Columbia Reinstates Facemasks in Indoor Public Settings

New Proof of Vaccination Requirement May Impact British Columbia Employers and Workplaces

New Public Health Order will require proof of vaccination for British Columbians to attend certain events, services and businesses.

“Breathing Issues” Resulting from Wearing a Face Mask Does Not Amount to a Protected Disability

The Human Rights Tribunal dismisses another discrimination complaint relating to a refusal to wear a face mask in a store.

Five-Star Rating? Uber Class Action Lawsuit Gets Certified

The Ontario Superior Court of Justice has certified a class action lawsuit brought by Uber drivers allegedly misclassified as independent contractors.

The Federal Government and British Columbia Announces Mandatory Vaccinations

The Government of Canada and British Columbia's Public Health Officer announced mandatory vaccinations for certain workers.

Canadians Heading to the Polls in a Federal Election. Is your Business Ready to Comply with the Canada Elections Act and Lobbying Act during the Campaign?

During the election period, for profit and non-profit companies and charities need to be aware of their Canada Elections Act and Lobbying Act obligations.

Attention Federally Regulated Employers – Canada’s Pay Equity Act Takes Effect August 31, 2021

The Pay Equity Act, requiring federally regulated employers to develop a comprehensive pay equity plan, takes effect on August 31, 2021

Is Private Sector Privacy Legislation Looming in Ontario?

Ontario government seeks input on privacy policy proposals, signaling that Ontario private sector privacy legislation may be on the horizon

BC Employers to Transition from COVID-19 Safety Plans to Communicable Disease Plans

On June 17, 2021, the BC Provincial Health Officer, Dr. Bonny Henry, issued a statement to employers on transitioning from COVID-19 Safety Plans to Communicable

Amendments to the OHSA Consolidate Reporting Requirements for Workplace Accidents Effective July 1, 2021

The Ontario government introduced amendments to Regulations under the Occupational Health and Safety Act to consolidate accident reporting requirements.

The Balancing of Privacy Rights and the Open Court Principle: Disclosure of Private Information in Litigation

The Supreme Court of Canada’s decision in Sherman Estate v Donovan offers clarity on when the open court principle will give ground to the right to privacy.

Ontario Employers Must Calculate Severance Threshold Based on Global Payroll

Ontario's Divisional Court rules that the $2.5 million severance threshold in the Employment Standards Act, 2000 must be based on global payroll.

CERB Payments Deductible from Wrongful Dismissal Damages

BC Supreme Court for the first time considers whether CERB payments would constitute mitigation earnings in the context of a wrongful dismissal.

COVID-19-related Layoffs Not Grounds for Constructive Dismissal

An Ontario Superior Court of Justice judge has ruled that a temporary layoff related to COVID-19 is not grounds for constructive dismissal.

Canadian Privacy Commissioners Issue Joint Guidance on Vaccine Passports

Commissioners warn that privacy considerations must be “front and centre” as organizations develop and implement vaccine passports in the coming months

BILL 96 – Top 10 Impacts of the Revised Charter of the French Language on your Business and When to Expect Implementation of Such Revisions

Changes to Québec’s language laws are coming. Here is a top ten list of potential impacts, and the likely timeline and process for adoption.

Stopping a Slippery Slope: Ontario Divisional Court Clarifies that Auto Insurance Coverage Applies Only to Direct Causes of Injuries

Ontario Divisional Court clarifies that automobile insurance only applies to direct causes of injury under the Statutory Accidents Benefits Schedule.

Paid COVID-19 Sick Leave for British Columbia Employees

The British Columbia government has announced proposed amendments to the Employment Standards Act to provide for paid sick leave.

Ontario to Provide for Temporary Paid Sick Leave

Ontario has announced temporary paid sick leave for all employees. Here is what employers should know.

Paid Vaccination Leave Now Officially Law in British Columbia

Bill 3 entitles BC employees to paid leave for up to 3 hours for each COVID-19 vaccination.

Closing the Gap: New Proactive Pay Equity Rules for Federally Regulated Employers

Guidance on employers' obligations under the new federal Pay Equity Act and its associated regulations, expected to take effect in late 2021.

Court of Appeal Affirms Decision Limiting Employee Equity Entitlements

Ontario Court of Appeal updates the law on post-termination equity entitlements and reiterates the distinction between employee and shareholder rights.

How do the New Travel Restrictions in British Columbia Impact Employers who Require Employees to Travel for Work Purposes?

A new Ministerial Order was made public today that restricts non-essential travel between three Regions in the Province. These restrictions will remain in effect.

Paid Vaccination Leave Proposed for British Columbia Employees

The British Columbia government has proposed an amendment to the Employment Standards Act to permit employees to take paid leave to get vaccinated.

British Columbia Employers Now at Risk of Expedited Workplace Closures

Effective April 12, 2021, health authorities will have the power to order the temporary closure of businesses as a result of COVID-19 outbreaks in the workplace

Personal Opinions Regarding Effectiveness of Masks Insufficient to Ground a Valid Human Rights Complaint

The British Columbia Human Rights Tribunal has dismissed another complaint relating to a refusal to wear a mask based on religious belief and employment.

Changes to Alberta’s Workers’ Compensation Act Take Effect

This bulletin summarizes the changes to Alberta’s Workers’ Compensation Act which took effect on April 1, 2021.

New Job-Protected Leave Announced for British Columbia Employees to Get Vaccinated

New job-protected leave announced for British Columbia employees to get vaccinated.

A Retailer’s Duty to Accommodate Disabilities That Interfere With a Customer’s Ability to Wear a Face Mask

The BC Human Rights Tribunal has issued its first decision relating to discrimination in the context of mandated mask policies.

Scope of the Telework Obligation in Quebec

Scope of the Telework Obligation in Quebec

Global Remote Working – What Employers Need to Know

This article provides an overview of the legal issues employers need to consider when implementing remote working in Canada.

Paid Time Off for Employees to Get Vaccinated Currently Being Considered for British Columbia

Employees in British Columbia may soon be entitled to paid time off work to receive the Covid-19 vaccination.

Does COVID-19 Favour a Longer Reasonable Notice Period? Another Court Says Prove It

Marazzato v. Dell Canada Inc. confirms that employees must provide actual evidence of any alleged “economic downturn” caused by the COVID-19 pandemic.

Supreme Court of Canada Denies Leave to Appeal “Blue Pencil” Decision

The Supreme Court of Canada has denied leave to appeal the Alberta Court of Appeal’s decision to apply the doctrine of notional (or “blue-pencil) severance.

Broken Processes: Human Rights Tribunal Reminds Employers of the Importance of the Procedural Duty to Accommodate

Two recent decisions of the Ontario Human Rights Tribunal elaborate on employers’ procedural duty to accommodate.

Ontario Court of Appeal Reviews Necessary Elements to Claim Against Corporate Directors in the Context of a Wrongful Termination Action

Guidance on the various circumstances in which corporate directors can become personally liable for unpaid wages and vacation pay in wrongful dismissal cases.

Cyber Justice: Ontario Court Recognizes New Tort of Internet Harassment

The Superior Court of Justice has recognized a new tort of internet harassment, indicating willingness to fashion new causes of action to address online abuse.

More Clarity About the Impact of COVID-19 on Reasonable Notice Periods

Iriotakis v. Peninsula Employment Services Limited is the latest case to consider the impact of the COVID-19 pandemic on reasonable notice periods.

Court Considers Impact of COVID-19 Pandemic on Reasonable Notice Periods

Ontario’s Superior Court of Justice has issued a decision dealing with the COVID-19 pandemic and its impact on reasonable notice periods.

A New Lockdown and Curfew in Quebec: What Employers Must Know

A New Lockdown and Curfew in Quebec: What Employers Must Know

New Workplace Harassment and Violence Requirements for Federally Regulated Employees Now in Effect

As of January 1, 2021, federally regulated employers must comply with new requirements imposed by the Workplace Harassment and Violence Prevention Regulations

Toronto Announces Reporting Obligation and Enhanced Measures for Employers

Citing rising cases in the city and increased strain on hospitals, the City of Toronto has enacted further measures to fight COVID-19, which include new requirements for employers.

Ontario Superior Court of Justice Opines on Federal Termination Obligations

Review of a federal employer's obligations when terminating an employee under the Canada Labour Code and how
to enforce contractual termination clauses.

Mandatory Vaccination Policies for Employees: Enforceable or a Shot in the Dark?

There are vaccines, and there will be (at some point) enough for everyone in Canada to receive it. But what happens if your employees refuse to be vaccinated?

CRA Simplifies Process for Deducting Work from Home Expenses

The CRA has announced two new permitted approaches for employers to claim deductions in respect of home office expenses incurred in 2020.

Ontario Extends COVID-19 Period to July 3, 2021

Ontario has extended its COVID-19 period to July 3, 2021, providing relief to employers required to implement pandemic-related layoffs or wage reductions.

Sick, Lies, and Questionnaire: Arbitrators Uphold Terminations of Employees who Breached COVID-19 Safety Protocols

Two recent labour arbitration decisions held that attending work in breach of employer COVID protocols can lead to termination for cause.

“The Risk of Red Herrings”: Failing to provide evidence of misconduct leads to punitive damages

"The Risk of Red Herrings": Failing to provide evidence of misconduct leads to punitive damages

Do Not Go Directly to Jail – Just Yet Anyway: Competition Bureau Confirms its View that Buy-Side Agreements between Competitors are not Criminally Unlawful

On November 27, 2020, the Competition Bureau clarified its view that the criminal cartel provisions of the Competition Act do not apply to buy-side agreements.

Another Leap Forward for Canadian Privacy Laws

The Digital Charter Implementation Act, 2020 received its first reading in the House of Commons. If passed, the Act will radically change Canadian Privacy Law.

Human Rights Tribunal of Ontario Revisits Test for Family Status Discrimination

Human Rights Tribunal of Ontario Revisits Test for Family Status Discrimination

Worst Trip Ever! Another Misclassification Class Action Gets Certified

Yet another employment misclassification case has been certified as a class action in Ontario in Montaque v Handa Travel Student Trip Ltd.

“Intern(al) Affairs”: Managing Unpaid Internships in Quebec

"Intern(al) Affairs": Managing Unpaid Internships in Quebec

Buyer Beware! Waiving Past Service Isn’t Possible under Employment Standards Legislation

Purchasers in commercial transactions are not entitled to contract out of their Employment Standards Act obligations for an employee's prior service.

Court Reinstates Million Dollar Damages Award to Constructively Dismissed Employee

Matthews v Ocean Nutrition Canada Ltd. recently set a very high bar for employers seeking to limit an employee's
common law right to bonus payments

Canada’s New Cybersecurity Certification Goes Live

The federal government has launched a voluntary CyberSecure program to help small and medium-sized organizations protect against cybersecurity threats

Federal Government Amends Canada Labour Code in Response to COVID-19

The Government of Canada has proposed amendments to the leave provisions in the Canada Labour Code and three new benefits for employees in response toCOVID-19.

Mandatory Indoor Face Coverings: What Ontario Employers Need to Know

Mandatory Indoor Face Coverings: What Ontario Employers Need to Know

Coming Soon: Significant Changes to Alberta’s Employment Standards Code

Material changes to the Ontario Class Proceedings Act in force October 1, 2020.

Ontario Employers be Aware: New Mandatory Screening Requirements for Ontario Workplaces

Employers should take immediate steps to implement the new mandatory COVID-19 screening requirements for Ontario workplaces.

Court Imposes “Harsh and Oppressive” Standard in Refusing to Enforce Stock Plan

The Ontario Superior Court refused to enforce a termination provision, similar to those commonly found in stock award agreements

Bill 195 Ends the State of Emergency: What Ontario Employers Should Know

On July 24, 2020 the Reopening Ontario Act 2020, known colloquially as Bill 195, came into effect, bringing an end to the provincial state of emergency

New Accessibility Requirements Fast Approaching under AODA

Compliance deadlines for two significant requirements under the Accessibility for Ontarians with Disabilities Act (AODA) are just three months away.

Cross-Country Check-In: COVID-19 and the Environment

Canada's governmental and regulatory bodies have taken steps to temporarily alter legal requirements in light of COVID-19 to lessen the burden on businesses.

Temporary Layoff and Constructive Dismissal Relief for Ontario Employers Extended to 2021

The Ontario government has updated its regulations under the Employment Standards Act, 2000 to extend the province's "COVID-19" period to January 2, 2021

Alberta Court of Appeal Uses Blue Pencil to Save Non-Compete

Alberta's Court of Appeal has applied the seldom-used "blue pencil" doctrine in order to save a non-competition covenant from being struck down.

UPDATE – Prohibition of Entry into Canada to Minimize the Risk of Exposure to COVID-19 – Travel Restrictions and Quarantine Requirements

Prohibition of Entry into Canada to Minimize the Risk of Exposure to COVID-19 - Travel Restrictions and Quarantine Requirements.

Ontario Court of Appeal Comments on Service and Notice Calculation in the Context of an Asset Purchase Transaction

The Ontario Court of Appeal has provided helpful guidance for employers considering their obligations to longer-term employees after a business transaction.

Ontario Amends Employment Standards Legislation in Response to COVID-19

Ontario passes new protected leave of absence for employees impacted by COVID-19, and suggests COVID-19
cases should be reported as occupational illnesses.

Global Privacy Authorities Remind Video Teleconferencing Companies of Privacy Expectations

Global privacy authorities published a letter to remind video teleconferencing companies of their obligations regarding user's privacy.

RETURN TO WORK: Complying With Provincial Health Guidelines

The Québec government has authorized businesses to invite their employees progressively to return to their physical workplaces with the support of CNESST

July 24, 2020 Update Cross-Country Check-In: COVID-19 and the Environment

Canada's governmental and regulatory bodies have taken steps to temporarily alter legal requirements in light of COVID-19 to lessen the burden on businesses.

Uber Drivers Given a Low-Arb Diet: Ontario Court of Appeal Invalidates Arbitration Clauses

Ontario Court of Appeal permitted a proposed class action against Uber Technologies Inc. to proceed despite the plaintiff agreeing to an arbitration clause

Government Proposes Fundamental Changes to the Canada Emergency Wage Subsidy

This article provides a detailed analysis of the proposed changes to the Canada Emergency Wage Subsidy announced by the Government on July 17, 2020.

Budget 2019: Government seesawing on taxation of stock options

Budget 2019 announced the Government's intention to introduce an annual cap of $200,000 on employee stock option grants that may be eligible for tax-preferred

Ontario Superior Court of Justice Sends Ontario Construction Employers Back to the Drawing Board

The Ontario Superior Court of Justice provides guidance on enforceability of termination provision for Ontario construction employees.

Heller v. Uber – What Employers Need to Know

SCC‘s decision in Heller v. Uber: employers beware when crafting arbitration clauses to avoid denying employees remedies afforded by the ESA (Ont.)

New Workplace Harassment and Violence Prevention Rules for Federally-Regulated Employers

The Government of Canada has published significant changes to the workplace harassment and violence provisions of the Canada Labour Code.

Implementing New NAFTA: Agreement on Everything Except the Name!

This article identifies key sectoral and other changes to the NAFTA, which will come into effect on July 1, 2020 through the implementation of the CUSMA.

Another Brick in the Wall (Removed) (Part 29): Court of Appeal Continues to Chip Away at ESA Termination Provisions

The Ontario Court of Appeal releases a ground breaking decision with respect to enforceability of termination provisions in employment agreements.

Ontario Provides Employers with Temporary Relief from COVID-Related Termination Risks

Ontario introduces creative measures (O. Reg. 228/20) to the Covid-related temporary lay off dilemma.

“It (hasn’t) been such a long time.” Accruing Seniority Does Not Equal Employed for Seasonal Employees

On January 1, 2018, the Employment Standards Act, 2000 (“ESA”) was amended to provide for increased vacation entitlements for employees whose “period of employment” is five years or more.