In Dufault v. The Corporation of the Township of Ignace, the Ontario Superior Court of Justice found the termination provisions of a fixed-term employment contract did not comply with the Employment Standards Act, 2000 (ESA) because, among other things, it permitted the employer to terminate the employee’s employment without cause in the employer’s “sole discretion”…
Author: Hicks Morley
Federal Government Issues Guidelines on Monetary Penalties Under the Employment Equity Act
On February 13, 2024, Employment and Social Development Canada issued updated guidelines on the Employment Equity Act – Monetary Penalties – IPG-121 (Guidelines). The Guidelines apply to employers subject to the Legislated Employment Equity Program (LEEP) under the Employment Equity Act (Act). The LEEP applies to: The LEEP employers have reporting obligations under the Act….
Ontario Superior Court Reins In Proposed Discovery Plan and Common Issues
In Curtis v. Medcan Health Management Inc., Justice Perell of the Ontario Superior Court reined in the scope of the plaintiffs’ proposed discovery plan and constrained the scope of the certified common issues in an ongoing employment class action. This class action relates to an allegation of unpaid vacation and public holiday pay. As we…
Federal Government Launches Employment Equity Tool on Workforce Data
On February 2, 2024, the federal government launched a new website, Equi’Vision. It is an employment equity tool which the government states provides “user-friendly, easily comparable data on workforce representation rates and the pay gaps” experienced by women, Indigenous peoples, persons with disabilities, and members of visible minorities. These groups are the designated groups under…
Ontario Seeking Employer Feedback on the Ontario Immigrant Nominee Program
For employers who are involved with the Ontario Immigrant Nominee Program, the Ministry of Labour, Immigration, Training and Skills Development is seeking feedback on the employer job offer streams as well as employer experience with the Program, among other things. Employers wishing to provide feedback may do so by completing the Ministry’s survey, found on…
Ontario Human Rights Commission Issues Policy Position on Caste-Based Discrimination
The Ontario Human Rights Commission (Commission) recently released a policy position addressing the issue of caste-based discrimination and confirming the Commission’s perspectives concerning caste-based discrimination as a form of intersectional discrimination contrary to the Ontario Human Rights Code (Code). In its Policy Position on Caste-Based Discrimination (Policy Position), the Commission provides its views on whether…
Ontario Court of Appeal Clarifies Transition Provision in Class Proceedings Act, 1992
Ontario’s class proceedings legislation was amended in 2020 and the Ontario courts have recently addressed the question of “transition” for cases begun under the “old” version of the legislation. In Martin v. Wright Medical Technology Canada Ltd., the Ontario Court of Appeal confirmed that there is a “bright line” between actions started under the Class…
New Transparency Requirements for Corporations Subject to the Canada Business Corporations Act Come Into Force on January 22, 2024
The federal government has proclaimed January 22, 2024 as the coming into force date for certain provisions of the Canada Business Corporations Act (CBCA) that were enacted by the Budget Implementation Act, 2022, No. 1. Corporations which are subject to the CBCA (Corporations) will now have additional reporting obligations regarding their registry of individuals with significant…
Federal Government Consultation on Draft Accessibility Standards
Accessibility Standards Canada (ASC) has published a draft Accessibility Standard on Emergency Measures (Draft Standard) as part of its mandate under the Accessible Canada Act (ACA). Background The ACA came into force on July 11, 2019, and the Accessible Canada Regulations (Regulations) made under the ACA came into force on December 13, 2021. The ACA…
Federal Prompt Payment for Construction Work Act Now in Force
On December 9, 2023, the Federal Prompt Payment for Construction Work Act (Act) was proclaimed into force. The Act was originally introduced in 2019 as part of the omnibus Budget Implementation Act, 2019, No. 1. As stated in the government’s news release, the Act is designed to address the construction industry’s long-standing concerns around doing…