Employee’s $76,000 Claim for Vested Stock Units Barred by Wrongful Dismissal Settlement and Release

Settlement agreements require careful attention to both present and future entitlements, as highlighted by the Ontario Court of Appeal’s recent decision in Preston v. Cervus Equipment Corporation. The Court held that the scope of an executed release, indemnity and minutes of settlement (the Settlement Documents) precluded an employee’s subsequent claim to vested stock units, despite…

Human Rights Tribunal Confirms Statutory Review of Benefit Decision Does Not Constitute New Act of Discrimination

In the recent decision Yu v. Workplace Safety and Insurance Board, the Human Rights Tribunal of Ontario (Tribunal) provided important clarification on the distinction between continuing discriminatory acts and the ongoing effects of past discrimination. The decision offers valuable guidance for employers and administrative bodies on when subsequent reviews of past decisions can constitute fresh…

Ontario’s Working for Workers Five Act, 2024 Receives Royal Assent

On October 28, 2024, Ontario’s Working for Workers Five Act, 2024 (Bill 190) received Royal Assent. Bill 190 amends several statutes including the Employment Standards Act, 2000, the Occupational Health and Safety Act and the Workplace Safety and Insurance Act, 1997. In this FTR Now, we review key amendments of particular interest to employers.

Ontario Court Upholds Termination Clause Excluding Employee’s Common Law Entitlements, Ends Employee’s Lawsuit Against Former Employer

In the recent decision of Bertsch v. Datastealth Inc., the Ontario Superior Court of Justice upheld the enforceability of a termination clause in an employment agreement that limited the plaintiff’s entitlement to only the minimum standards under the Employment Standards Act, 2000 (ESA). The Court held the clause was valid and enforceable and consequently dismissed…

Request for Volunteer to Remove Rainbow Sticker from Name Badge Not Discriminatory, Says Human Rights Tribunal of Ontario

In an important decision for employers, the Human Rights Tribunal of Ontario (Tribunal) confirmed that distinction does not necessarily amount to discrimination. In Zanette v. Ottawa Chamber Music Society, the Tribunal held that the Ottawa Chamber Music Society’s request that a volunteer usher (Zanette) remove a rainbow sticker from his name badge did not constitute…

Ontario Court Declares Back-To-Work Legislation in College Sector Constitutional

The Ontario Superior Court of Justice has just released an important decision upholding the constitutionality of the Ontario government’s 2017 back-to-work legislation in the college sector. The legislation in question was the Colleges of Applied Arts and Technology Labour Dispute Resolution Act, 2017 (Act). The Act legislated the end to the longest college-sector strike in…

The Strengthening Accountability and Student Supports Act, 2024 Receives Royal Assent

As discussed in our February 28, 2024 FTR Now, on February 26, 2024 the Ontario government introduced Bill 166, Strengthening Accountability and Student Supports Act, 2024 (Bill 166). Bill 166 received Royal Assent on May 16, 2024. Policy Requirements Bill 166 amends the Ministry of Training, Colleges and Universities Act (Act) to require every college…

Ontario Announces Public Hearings on Bill 166

The Standing Committee on Social Policy (Committee) will hold public hearings to consider Bill 166, Strengthening Accountability and Student Supports Act, 2024, on Monday, April 15, 2024 and Tuesday, April 16, 2024. For an overview of the changes proposed by Bill 166, see our FTR Now Ontario Tables Bill Introducing Policy Requirements for Colleges and…

Ontario Tables Bill Introducing Policy Requirements for Colleges and Universities

Bill 166, Strengthening Accountability and Student Supports Act, 2024 (Bill 166) was tabled by the Ontario Minister of Colleges and Universities (Minister) on February 26, 2024. If passed, Bill 166 will require every college of applied arts and technology (College) and publicly assisted university (University) to have a student mental health policy and a policy…