On July 16, 2022, the federal government published Regulations Amending Certain Regulations Made Under the Canada Labour Code (Medical Leave with Pay), proposed regulatory amendments to give effect to the new paid medical leave provisions under the Canada Labour Code (Code), which are not yet in force. The leave, enacted by Bill C-3, An Act…
Author: Hicks Morley
Appellate Court Considers Certification Under Class Proceedings Act, 1992 and Requirement That Pleadings Disclose a Cause of Action
In Bowman v Ontario, the Ontario Court of Appeal considered a motion for certification of a class action under the Class Proceedings Act, 1992 (CPA) which was dismissed by a certification judge. The Court of Appeal allowed the appeal in part, concluding that the judge erred in holding that the proposed class action did not…
Arbitrator Finds Two-Dose Vaccination Policy No Longer Reasonable
On June 17, 2022, Arbitrator Nairn held in FCA Canada Inc. v Unifor, Locals 195, 444, 1285 that a two-dose mandatory vaccination policy (Policy) implemented by an employer was no longer reasonable going forward due to the evolving scientific evidence regarding the COVID-19 virus. In so finding, she cited a number of pre-print scientific studies…
Class Action Brought by Off-Reserve Indigenous Children and Their Families Certified
In Stonechild v. Canada, Justice Phelan of the Federal Court recently certified a class proceeding brought on behalf of off-reserve Indigenous children and their families. Under the Federal Court system, this avoids the necessity or prospect of up to thirteen separate provincial and territorial class actions. The claim seeks to hold the government of Canada…
Ontario Court of Appeal Upholds Waksdale – Overturns Superior Court Decision That Attempted to Distinguish It
On June 8, 2022, in Rahman v. Cannon Design Architecture Inc., the Court of Appeal reiterated that Waksdale is supreme in Ontario. The Decision Below In September 2021, a judge of the Superior Court determined on the facts of the case before him that a contractual provision in an employment agreement which denied entitlements upon…
Federal Government Consultation Underway on Proposed Pay Equity Act Regulations
On May 16, 2022, Employment and Social Development Canada (ESDC) published an invitation to provide feedback with respect to the development of regulations under the federal Pay Equity Act, which came into force on August 31, 2021. This Act establishes a proactive pay equity regime that applies to employers with 10 or more employees in…
Appellate Court Finds Non-Competition Clause in Employment Agreement to be Unenforceable
In M & P Drug Mart Inc. v Norton, the Ontario Court of Appeal upheld the decision of an application judge which had found a non-competition clause in an employment agreement to be ambiguous and overly broad, and therefore unenforceable. Background In 2014, Mr. Norton, with the assistance of legal counsel, entered into an employment…
IDEL Regulation and Constructive Dismissal at Common Law: Appellate Court Finds Analytical Errors “Tainted” Lower Court Decision, Does Not Rule on Substantive Issue
On May 12, 2022, the Ontario Court of Appeal rendered its highly anticipated decision in the appeal of Taylor v Hanley Hospitality Inc. The lower court had considered the interaction between the Infectious Disease Emergency Leave Regulation(O. Reg. 228/20 or IDEL Regulation) made under the Employment Standards Act, 2000 (ESA) and a claim for constructive…
WSIB Consulting on Rate Setting for Temporary Employment Agencies
The Ontario Workplace Safety and Insurance Board (WSIB) is seeking feedback from temporary employment agencies (TEAs) in response to its new premium rate setting model, originally introduced in 2020. The public consultation will support a review and possible modification of the rate setting approach for the TEA industry. Under the new rate setting model, TEAs…
Ontario Tables Budget 2022
On April 28, 2022, the Ontario government tabled its 2022 Budget: Ontario’s Plan to Build. On the same date, Bill 126, Plan to Build Act (Budget Measures), 2022 was introduced for first reading. From a human resources perspective, the Budget reviews a number of initiatives previously announced (e.g. general minimum wage to increase to $15.50…