On June 26, 2020, the Supreme Court of Canada released Uber Technologies Inc. v. Heller and dismissed an appeal of the Ontario Court of Appeal’s decision which held that the arbitration clause in Uber’s standard form services agreement (Agreement) was invalid both because it was unconscionable and because it contracted out of mandatory provisions of the Employment Standards Act, 2000 (ESA). We previously reported on the Court of Appeal decision.
Insights
Hicks Morley publishes a number of materials, both electronic and print, on issue-specific and sector-specific topics of interest to our clients. Our insights section has links to all of our various publications, updates and blogs, both current and historical, to keep you informed of developments in the law that impact human resources.
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Case In Point
The Ontario Court of Appeal has upheld the decision of a motion judge to strike out a statement of defence as a remedy for repeated failures to comply with judicial orders to produce requested relevant documents. In Falcon Lumber Limited v. 2480375 Ontario Inc. (GN Mouldings and Doors), the Court articulates the core principles and…
HR HealthCheck
In an award dated May 4, 2020, Arbitrator Stout addressed, among other things, critical aspects of the CMOH’s Directives respecting access to and use of personal protective equipment (PPE). In this HR HealthCheck, we provide an overview of this significant award (Award), a decision of notable impact to health care providers and health care workers alike, in both the Hospital and Long-Term Care sectors.
Raising the Bar
Here you will find an update regarding the current status and availability of Ontario Courts in light of the COVID-19 pandemic. This information is current as of April 2, 2020.
Human Resources Legislative Update
Editor’s Note: This post is being updated with additional orders made since the date of publication. Last updated July 9, 2020 On March 17, 2020, the Ontario government declared an emergency under the Emergency Management and Civil Protection Act (EMCPA). “Emergency” is defined in the EMCPA and includes “a disease or other health risk,” which…
FTR Now
On March 19, 2020, the Ontario Legislature met in an emergency session to pass legislation to extend protections for employees in light of the COVID-19 pandemic. Bill 186, the Employment Standards Amendment Act (Infectious Disease Emergencies), 2020 amends the leaves of absence provisions of the Employment Standards Act, 2000 (ESA) to provide more leave entitlements to employees impacted by the pandemic and to prohibit employers from requesting medical notes in relation to the new leave.
FTR Now
Ontario Declares Emergency in Light of COVID-19
· 7 min readOn March 17, 2020, the Ontario government declared an emergency in Ontario as a result of COVID-19. It ordered the immediate closure of a number of venues, as well as enhanced funding for the province’s response to COVID-19.
FTR Now
Today, the Ontario government announced that it will be introducing legislation to amend the Employment Standards Act, 2000 (ESA) in light of COVID-19. In addition, the federal government announced, among other things, that the Canadian border will be closed to foreign nationals, with some exceptions.
FTR Now
As we learn more about the Novel Coronavirus (2019-vCoV or Coronavirus), employers will no doubt be contemplating the potential implications of this virus on their workplaces. We have set out below some of the emerging questions that employers may have right now and our answers and guidelines for how to address these issues.
FTR Now
COVID-19 and Workplace Preparedness
· 5 min readHealth officials in Canada have stated that the risk of contracting COVID-19 remains very low. That said, in recent weeks the virus has been top of mind for many, including employers. In this FTR Now, we discuss workplace pandemic planning and operational issues employers should be anticipating in the unlikely event of an outbreak.