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Human Resources Legislative Update

On March 21, 2024, Ontario’s Bill 149, Working for Workers Four Act, 2024 (Bill 149) received Royal Assent. Our FTR Now of that date provided an overview of this legislation. A number of the amendments to the Employment Standards Act, 2000 (ESA) contained in Bill 149 take effect June 21, 2024 and are outlined below. Effective June 21, 2024:…

Common Ground? Class Action Updates

In Wasylyk v. Lyft, the Ontario Superior Court of Justice issued a stay of a proposed employee misclassification class action in favour of private arbitration. The case provides an illustration of the factors that may support the enforceability of an arbitration clause in disputes related to the Employment Standards Act, 2000 (ESA). The plaintiff filed…

Human Resources Legislative Update

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…

Human Resources Legislative Update

The Ontario government is inviting comments on proposed amendments to the Employment Standards Act, 2000 (ESA) and the Occupational Health and Safety Act (OHSA) found in Bill 190, Working for Workers Five Act, 2024 (Bill 190). We discussed Bill 190 in our FTR Now of May 7, 2024 Ontario Introduces Working for Workers Five Act,…

FTR Now

On May 2, 2024, the federal government introduced Bill C-69, An Act to implement certain provisions of the budget tabled in Parliament on April 16, 2024, for first reading. Bill C-69 contains legislation that, if passed, would enact certain measures outlined in the 2024 Budget, “Fairness for Every Generation” (Budget) that was previously tabled on…

Case In Point

In Croke v. VuPoint Systems Ltd., the Ontario Court of Appeal upheld a motion judge’s decision that an employee’s failure to comply with his employer’s vaccination requirements amounted to a frustration of contract, disentitling him to wrongful dismissal damages at common law. The lower court decision was discussed in our Case in Point of March…

FTR Now

On May 6, 2024, the Ontario government introduced the Working for Workers Five Act, 2024 (Bill 190). Bill 190 proposes amendments to various employment-related statutes, including the Employment Standards Act, 2000, Occupational Health and Safety Act, and Workplace Safety and Insurance Act, 1997. Some of these proposed amendments were discussed in our FTR Now of…

Case In Point

A recent Court of Appeal decision provides an illustration of when an employee may successfully claim they were unable to mitigate due to physical incapacity. It also provides a reminder of the factors a court will examine to determine if an employee is entitled to aggravated damages for the manner of dismissal. Krmpotic v. Thunder…

Human Resources Legislative Update

On May 3, 2024, the Ontario government announced it will table legislation that, if passed, would amend the Employment Standards Act, 2000 (ESA) to increase fines for ESA violations and impose obligations on larger employers with respect to their publicly advertised job postings. Increased Fines Amendments to the ESA would increase the maximum fine for…