Ontario Court Approves Modest $62,000 Settlement in Employee Misclassification Class Action

In Morris v. Solar Brokers Canada Corp., the Ontario Superior Court of Justice approved a negotiated settlement of $62,000 in a class action arising from the alleged misclassification of individuals as independent contractors. The Court also approved class counsel fees in the amount of $20,000, leaving $42,000 to be distributed amongst the class. As a…

Ontario Court Declares Back-To-Work Legislation in College Sector Constitutional

The Ontario Superior Court of Justice has just released an important decision upholding the constitutionality of the Ontario government’s 2017 back-to-work legislation in the college sector. The legislation in question was the Colleges of Applied Arts and Technology Labour Dispute Resolution Act, 2017 (Act). The Act legislated the end to the longest college-sector strike in…

Ontario Court Grants Injunction to End Encampment at University of Toronto

The Ontario Superior Court of Justice has granted an interlocutory injunction to end an encampment on the University of Toronto’s Front Campus. The Court found that the University’s Governing Council, as the property owner, has the ultimate right to determine the land’s use. In obiter, the Court also reiterated that the Charter does not apply…

Federal Pay Equity Commissioner May Now Impose Monetary Penalties for Violations of the Pay Equity Act

Recent amendments to the federal Pay Equity Act (PEA) regulations establish a framework for the imposition of administrative monetary penalties (AMPs) for violations of the PEA. This is a significant development that may result in an employer being penalized if it fails to comply with its obligations, including the requirement to establish a pay equity…

Information and Privacy Commissioner of Ontario Releases Guidance on Information-Sharing in Situations of Intimate Partner Violence

In May 2024, the Information and Privacy Commissioner of Ontario released Sharing Information in Situations Involving Intimate Partner Violence: Guidance for Professionals (the Guidance). The Guidance was developed as a result of a 2022 coroner’s inquest into three deaths caused by intimate partner violence (IPV). The Guidance is helpful for organizations, service providers and staff…

Court Stays Employee Misclassification Class Action in Favour of Arbitration

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…

Update on Federal Pay Equity Plan Posting Extension Requests

As discussed in our March 11, 2024 Human Resources Legislative Update, federally regulated employers are required to post their final pay equity plans and notices of pay increases by September 3, 2024. An employer may file a request for authorization to extend this posting deadline, and guidance documents related to this authorization process are available…

Student Violence May Form Basis for a Teacher’s Lawful Work Refusal

A recent Ontario Labour Relations Board (OLRB) decision found that two teachers engaged in a lawful work refusal when they refused to return to work following a classroom incident where a student engaged in a violent episode against another staff member. In Ontario English Catholic Teachers’ Association v Dufferin-Peel Catholic District School Board, three teachers…

Ontario Budget Bill Receives Royal Assent

As discussed in our April 3, 2024 FTR Now, on March 26, 2024, the Ontario government tabled its 2024 Budget and introduced Bill 180, Building a Better Ontario Act (Budget Measures), 2024 (Bill 180). Bill 180 received Royal Assent on May 16, 2024. Employers, human resources professionals and pension plan administrators should be aware of…