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Case In Point

The decision of a summary judgment motion judge who ordered a former employee to pay his former employer $20 million in damages has been overturned by the Court of Appeal. In Plate v. Atlas Copco Canada Inc., the Court held that the motion judge erred when he found a trial was not necessary and proceeded…

Human Resources Legislative Update

On March 6, 2019, Bill 66, Restoring Ontario’s Competitiveness Act, 2019, was referred to the Standing Committee on General Government. The Committee will hold public hearings on the Bill in Toronto on Monday, March 18, 2019, from 9 a.m. to 10 a.m. and from 2 p.m. to 6 p.m. The deadline to submit requests to…

Case In Point

In Ruston v. Keddco MFG. (2011) Ltd., 2019 ONCA 125 (CanLII)(Keddco), a unanimous Court of Appeal for Ontario upheld a substantial damages and costs award against an employer that breached its “duty of good faith and fair dealing in the manner of dismissal.” The Keddco decision serves as an important reminder for employers across Canada…

Human Resources Legislative Update

Changes to the Employment Insurance Act will come into effect on March 17, 2019 to implement the additional Parental Sharing Benefit announced in the 2018 Federal Budget.   Additional employment insurance (EI) parental benefits (up to 5 weeks of standard parental benefits or up to 8 weeks of extended parental benefits) will be available to…

Case In Point

The Supreme Court of Canada has granted leave to appeal from a decision which considered long-term incentive plan entitlements as part of a constructive dismissal claim, and, in the dissent, the duty of good faith and honesty in the performance of employment contacts. In Ocean Nutrition Canada Ltd. v. Matthews, an employee resigned from employment…

Human Resources Legislative Update

Following recent amendments to the Canada Labour Code, the federal Minister of Employment, Workforce Development and Labour has announced the creation of an expert panel tasked with the study of additional matters relating to the “changing nature of work.” This expert panel is to report back to the Minister by June 30, 2019 on the…

Human Resources Legislative Update

On February 19, 2019, the Ministry of Labour invited feedback on its Pay Transparency Consultation Paper to assist it in the development of regulatory pay transparency reporting requirements under the Pay Transparency Act, 2018 (Act). The coming into force date of that Act was postponed indefinitely by Bill 57, Restoring Trust, Transparency and Accountability Act,…

Reaching Out

Dear Friends, Welcome to our Winter 2019 edition of Reaching Out. The last 18 months have been a tumultuous time in employment law in Ontario. We saw the introduction of sweeping changes to the Employment Standards Act, 2000 and Labour Relations Act, 1995 in January 2018, only to see many of them repealed in January…

Human Resources Legislative Update

The federal government has proclaimed April 1, 2019 as the coming into force date for certain provisions[1] of Bill C-44, the Budget Implementation Act 2017, No. 1 which amend a number of provisions in the Canada Labour Code. For details on the changes to be implemented under Bill C-44, refer to our Federal Post article…

Human Resources Legislative Update

The Office of the Superintendent of Financial Institutions (OSFI) has recently issued an advisory of significance to federally regulated financial institutions (FRIFs). Beginning on March 31, 2019, FRFIs will be required to report material technology or cyber incidents to OSFI. An incident is defined as follows: a technology or cyber security incident is defined to…