The Ontario Ministry of Labour, Training and Skills Development (Ministry) is seeking input from interested parties in respect of regulatory proposals to modernize the Notice of Project and worker head protection requirements for workplaces in Ontario that fall under the Occupational Health and Safety Act (OHSA). Proposed Changes to Notice of Project Requirements The intention…
Author: Hicks Morley
Ontario Superior Court Refuses to Certify Proposed Employment Class Action
In Curtis v Medcan Health Management Inc., Justice Perell of the Ontario Superior Court refused to certify a proposed class action related to vacation and statutory holiday pay, finding that a class proceeding would not be the preferable procedure for the resolution of common issues. The Ontario Employment Standards Act (ESA) requires that employees receive…
Ontario Seeking Input on Postsecondary Accessibility Standards under AODA
In accordance with the Accessibility for Ontarians with Disabilities Act, 2005 (AODA), new accessibility standards are developed through Standards Development Committees. The initial recommendations of the Postsecondary Education Standards Development Committee for the development of postsecondary accessibility standards under the AODA were published on June 25, 2021. The Committee is seeking input from the public…
Arbitrator Upholds Employers’ Mandatory COVID-19 Testing Program
In Ellisdon Construction Ltd. v Labourers’ International Union of North America, Local 183, Arbitrator Kitchen recently upheld the Abbott Panbio Rapid COVID-19 Antigen Screening Program implemented by EllisDon, a construction and building services company, at many of its worksites. Arbitrator Kitchen stated that “[w]hen one weighs the intrusiveness of the rapid test against the objective…
New Rules of Procedure for the Canadian Human Rights Tribunal
On June 23, 2021, the federal government published Canadian Human Rights Tribunal Rules of Procedure, 2021 (Rules), following a public consultation in 2020 on the proposed rules (see our prior post). As stated in the Regulatory Impact Analysis Statement to the Rules, most of the rules in place at the Tribunal remain the same. The…
Ontario Announces Consultation on Modernizing Privacy
On June 18, 2021, the Ontario government released a White Paper titled “Modernizing Privacy in Ontario” and announced a public consultation on the issues raised in the Paper. Headed by the Ministry of Government and Consumer Services, the government is looking to revamp its legislative privacy framework and provide privacy protection beyond current provincial and…
Amendments Made to the Exemptions under the Police Record Checks Reform Act, 2015
On June 17, 2021, the Ontario government filed O. Reg. 477/21 which amends O. Reg. 347/18 “Exemptions” (Regulation) made under the Police Record Checks Reform Act, 2015 (Act). The amendments are of particular interest to police services and employers who use police record checks to assist in determining suitability for employment. Police services will be…
Court Rules that Calculation of Severance Under ESA is not Limited to Ontario Payroll
In Hawkes v Max Aicher, the Divisional Court set aside an Ontario Labour Relations Board (OLRB) decision and found that the calculation of payroll for the purposes of determining an employee’s severance entitlement under the Employment Standards Act, 2000 (ESA) should be based on the combined payroll of the Ontario employer and its global parent…
Appellate Court Upholds Jury Award of $150,000 Punitive Damages Against Employer
In a recent decision, Eynon v. Simplicity Air Ltd., the Ontario Court of Appeal upheld a punitive damages award of $150,000 against an employer for the actions of two of its supervisors after an employee’s workplace injury. The appeal to the Court of Appeal was from a jury award of punitive damages. The respondent employee…
Court Finds IDEL Regulation Under ESA Precludes Constructive Dismissal Claim at Common Law
In Taylor v. Hanley Hospitality Inc., the Ontario Superior Court considered the interaction between the Infectious Disease Emergency Leave regulation (IDEL Regulation) made under the Employment Standards Act, 2000 (ESA) and a claim for constructive dismissal at common law. It held that the IDEL Regulation precludes a constructive dismissal claim where employees’ hours are reduced…