Author: Hicks Morley

Ontario Divisional Court Finds Arbitrator’s Decision to Reinstate Terminated Grievors Was “Fatally Flawed”

· 6 min read

On April 2, 2024, the Ontario Divisional Court released its decision in Metrolinx v. Amalgamated Transit Union, Local 1587, which was a judicial review of an arbitration decision rendered by the Grievance Settlement Board (GSB). The Court found that the decision of the arbitrator, in which he reinstated five grievors whose employment had been terminated…

Ontario Seeking Comments on Proposed Regulations Under the Connecting Care Act, 2019

· 2 min read

On March 28, 2024, the Ontario government posted Proposed New Regulations and Amendments to Regulations under the Connecting Care Act, 2019 and other Acts for comment from stakeholders. The proposed regulations would support changes to the Connecting Care Act, 2019 (CCA) as amended by the Convenient Care at Home Act, 2023, which have not yet…

Ontario to Increase Minimum Wage Effective October 1, 2024

· 1 min read

On March 28, 2024, the Ontario government announced that the general minimum wage will increase to $17.20 an hour (from $16.55 an hour) effective October 1, 2024. This minimum wage applies to most employees. The minimum wage for the following groups also increases on October 1, 2024:

New Federal Online Harms Bill: Possible Implications for Federal Employers

· 2 min read

The federal government tabled Bill C-63, the Online Harms Act (Bill C-63) on February 26, 2024. Bill C-63 aims to curb online harms, especially to children, by targeting the spread of harmful content on social media. If passed, key features would include the establishment of the Digital Safety Commission of Canada, the introduction of an…

WSIB Revises Mental Stress Policies to Clarify Role of Witnesses

· 1 min read

The Workplace Safety and Insurance Board (WSIB) has announced that minor revisions to the Operational Policy Manual documents 15-03-02, Traumatic Mental Stress and 15-03-14, Chronic Mental Stress are in effect as of March 1, 2024. As stated by the WSIB, the revisions are intended “to clarify the role of witness evidence in the adjudication of…

Ontario Court Finds Failure to Accept Comparable Position Constitutes Complete Failure to Mitigate

· 3 min read

In Gannon v. Kinsdale Carriers, the Ontario Superior Court recently considered what constitutes “comparable employment” for the purpose of mitigation of reasonable notice damages. The plaintiff was employed by the defendant, a federally regulated trucking company, for 23 years. At the time of her termination from employment, the plaintiff held a role that included accounts…

Proposed Regulatory Amendments to Teacher Assignment and Proficiency in Mathematics

· 2 min read

The Ontario government recently posted two regulatory amendments related to teacher assignments and proficiency in mathematics for comment. The first is the Proposed Regulatory Amendments to Teacher Assignments. Regulation 298 made under the Education Act mandates that principals must assign their teachers to the best possible program, in accordance with the teacher’s qualifications or as…

Human Rights Tribunal of Ontario Awards Applicant $180,000 as Compensation for Injury to Dignity, Feelings and Self-Respect

· 2 min read

In the recent decision of L.N. v. Ray Daniel Salon & Spa, the Human Rights Tribunal of Ontario (Tribunal) awarded an applicant $180,000 in damages for injury to dignity, feelings and self-respect. In this case, the applicant was a recently arrived refugee to Canada. She had not yet received her work permit when she started…