On October 1, 2020, the general minimum wage in Ontario will increase from $14.00 to $14.25 an hour. This minimum wage applies to most employees. Minimum wage rates will also increase for the following employees: students: from $13.15 to $13.40 an hour liquor servers: from $12.20 to $12.45 an hour homeworkers: from $15.40 to $15.70…
Author: Hicks Morley
Temporary Change to Federal Policy Will Permit Visitors to Apply For and Obtain a Work Permit While In Canada
The federal government has announced a temporary policy change that will permit visitors currently in Canada who have a valid job offer to apply for, and receive, an employer-specific work permit without having to leave Canada, effective August 24, 2020.
Ontario Extends Orders Relating to COVID-19
On August 20, 2020, the Ontario government announced that most orders made as a result of COVID-19 are extended to September 22, 2020 (subject to exceptions below). These orders were initially made under the Emergency Management and Civil Protection Act and, with the end of the declared emergency on July 24, 2020, were extended under…
Ontario Court of Appeal Comments on Notice Entitlements Following an Asset Transaction
In Manthadi v. ASCO Manufacturing, the Ontario Court of Appeal unanimously found that summary judgment was not appropriate in a case where a plaintiff was awarded 20 months’ reasonable notice damages after one month service with a company (Purchaser) that had bought the assets of her former employer (Vendor). The Court set aside the summary…
Arbitrator Provides Guidance for Employers Managing Commute to Work Accommodation Requests, Self-Reported Medical Restrictions, and Surveillance Evidence
In Toronto District School Board v Local 4400, Canadian Union of Public Employees, Arbitrator Stout dismissed an allegation of disability-related discrimination and failure to accommodate in the context of a commute to work. The case elaborates on the reasoning of Arbitrator Nyman in Ontario Secondary School Teachers’ Federation and Toronto District School Board, Grievance #…
Federal Government Introduces Updated CEWS Calculator
The federal government has announced the launch of an updated online calculator to help employers prepare for the next period of the Canada Emergency Wage Subsidy (CEWS) program. Employers can use the updated CEWS calculator for claim periods 1 through 5, and more periods will be added as they become available.
Ontario Announces City of Toronto and Peel Region Moving to Stage 3 of Reopening
Today, the Ontario government announced that the City of Toronto and Peel Region can move into Stage 3 of the provincial reopening, effective July 31 at 12:01 a.m. The rules regarding Stage 3 are set out in Regulation 364/20 which has been continued under the recently enacted Reopening Ontario (A Flexible Response to COVID-19) Act,…
Supreme Court of Canada Finds Federal Genetic Non-Discrimination Act is Constitutional
On July 10, 2020, the Supreme Court of Canada issued its decision in Reference re Genetic Non‑Discrimination Act, upholding the constitutionality of the impugned sections of the federal Genetic Non-Discrimination Act (Act) in a split decision. The constitutional question was raised in a reference by the Quebec government to the Quebec Court of Appeal, which…
Canada Labour Code COVID-19 Leave to be Extended by 8 Weeks
The federal Labour Program website related to COVID-19 states that the COVID-19 Canada Labour Code leave may be extended an additional 8 weeks (currently at 16 weeks) effective July 10, to align the leave with the recent increase to the maximum number of weeks a worker can receive the Canada Emergency Response Benefit (CERB). This…
The Divisional Court Affirms Employers May Face Substantial Penalties for Failing to Respond to Sex Discrimination and Gender Pay Inequity
In its recent decision Ontario v Association of Ontario Midwives, the Ontario Divisional Court upheld two decisions of the Human Rights Tribunal of Ontario pertaining to sex discrimination and pay equity, reaffirming that employers have an obligation to take proactive steps to ensure that sex-segregated workers are compensated free from sex discrimination and that a…