Human Resources Legislative Update

Employers Take Note: WSIB Suspends Appeals and Extends Time Limits as Over 3,600 Unionized Workers Begin Rolling Strikes

The Workplace Safety and Insurance Board (WSIB) has suspended its appeals processes and extended objection time limits as over 3,600 unionized workers commenced rolling strikes on May 22, 2025, following failed contract negotiations with the Ontario Compensation Employees Union (OCEU). The labour disruption has prompted significant operational changes affecting workplace parties seeking to challenge WSIB…

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Ontario Court of Appeal Upholds Termination Clause Limiting Employee to ESA Minimums in Bertsch v. Datastealth Inc.

The Ontario Court of Appeal has delivered a significant decision in Bertsch v. Datastealth Inc., wherein the Court confirmed that properly drafted termination clauses can limit employees to only their statutory minimum entitlements under the Employment Standards Act, 2000 (ESA) upon termination.

Common Ground? Class Action Updates

Alberta Court Permits Disclosure of City’s Workplace Sexual Misconduct Class-Action Settlement, Revealing $9.5 Million Payment to 155 Women

The Court of King’s Bench of Alberta has permitted disclosure of settlement details in a class action lawsuit against the City of Leduc, revealing a payment of over $9.5 million to 155 female employees who experienced workplace sexual misconduct. This case represents both one of the highest compensation per person for workplace sexual misconduct claims…

Case In Point

Ontario’s Human Rights Tribunal Dismisses Discrimination Claim Against Union’s Women-Only Job Posting Under Special Program Provisions in the Code

Employers seeking to initiate equitable hiring strategies may wonder whether such programs are “legal”, given the current political climate in the United States. A recent decision of the Human Rights Tribunal of Ontario contains important reminders.

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No Presumption Without Exposure: WSIAT Reverses WSIB Entitlement for Mesothelioma, Finding No Evidence of Asbestos Exposure in Caretaker Role

In a recent decision, the Workplace Safety and Insurance Appeals Tribunal (WSIAT) found that a caretaker’s duties at a large public sector employer did not involve asbestos exposure.

Human Resources Legislative Update

Ontario Government Introduces Municipal Accountability Act, 2025

On May 01, 2025, the Ontario government announced Bill 9, the Municipal Accountability Act, 2025 (Bill 9). Bill 9 re-introduces legislation originally proposed under Bill 241, the Municipal Accountability Act, 2024, that was not enacted prior to the provincial election. If passed, Bill 9 would enable the creation of a new, standardized municipal code of…

Case In Point

Arbitrator Upholds Benefits Related Grievance: “Generic Substitute” Does Not Limit Reimbursement to “Lowest Cost” Drug Per Collective Agreement

In Hydro One Inc. v The Society of United Workers, Arbitrator John Stout upheld a grievance against Hydro One for violating its Collective Agreement. Hydro One had limited reimbursement of prescription drug expenses to only the lowest cost generic medication, rather than covering the full cost of generic medications prescribed by physicians. This limitation was…

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Arbitrator Dismisses Faculty Grievance over Bill 124 Wage Dispute: No Arbitral Jurisdiction Without Reopener Provision in Collective Agreement

In a recent labour arbitration decision, Arbitrator William Kaplan dismissed a grievance filed against Wilfrid Laurier University (University) by the Wilfrid Laurier University Faculty Association (the Association) on behalf of its Contract Teaching Faculty (CTF) bargaining unit. This decision provides important guidance on the limits of an arbitrator’s jurisdiction in addressing legislative constraints on collective…

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Ontario Announces Protect Ontario Through Free Trade Within Canada Act, 2025

The Ontario government introduced Bill 2, the Protect Ontario Through Free Trade Within Canada Act, 2025. Framed as a defensive strategy, Bill 2 aims to boost interprovincial trade in response to U.S. tariff pressures.