As we previously discussed, in June 2018 the federal government introduced Bill C-81, An Act to ensure a barrier-free Canada, accessibility legislation which will apply to certain federally regulated employers. If passed, Bill C-81 will require certain organizations to identify, remove and prevent barriers in the following areas: employment, the built environment, information and communication…
Author: Hicks Morley
Appellate Court Considers “Appropriate Means” Test, Rejects Extension of Limitation Period
The Ontario Court of Appeal recently interpreted the “appropriate means” element of the test for discoverability under the Limitations Act, 2002 (s. 5(1)(a)(iv)) in Nasr Hospitality Services Inc. v Intact Insurance, a matter concerning a claim under a commercial insurance policy. In this case, the insured promptly reported to the insurer and made a claim…
Reminder: Mandatory Data Breach Notification in Force on November 1, 2018
As we previously reported, as of November 1, 2018, the Personal Information Protection and Electronic Documents Act (PIPEDA) will require notification to affected individuals and the federal Office of the Privacy Commissioner (OPC) when a security incident involving personal information results in a “real risk of significant harm.” The supporting regulations published March 27, 2018…
Court of Appeal Upholds Cause Dismissal for Breach of Fiduciary Duty
In the case of Dunsmuir v. Royal Group, Inc., the Ontario Court of Appeal recently upheld the cause termination of a Senior Vice-President and Chief Financial Officer of a publicly-traded company for breach of fiduciary duty. The employee had commenced a claim against the employer for wrongful dismissal and sought approximately $6.6 million in damages….
HRTO Dismissal of Application for Delay of One Day Upheld by Appellate Court
In a useful decision for employers, the Ontario Divisional Court has confirmed that the one-year timeline for filing an application with the Human Rights Tribunal of Ontario (Tribunal) will be strictly enforced. The decision provides a valuable warning to applicants that the time limits required to bring a complaint are indeed requirements and will only…
Cannabis-Related Regulatory Proposals Published for Comment by October 7, 2018
On September 27, 2018, the Ontario government tabled Bill 36, the Cannabis Statute Law Amendment Act, 2018. On the same day, it published proposed cannabis-related amendments to two regulations, for comment by October 7, 2018. Smoke-Free Ontario Act, 2017 Proposed Regulation If Bill 36 passes, the government is considering changes to O. Reg. 268/18 made…
Reduction of WSIB Premium Rates for Employers Announced
On September 26, 2018, the Ontario government and the Workplace Safety and Insurance Board (WSIB) announced that WSIB premium rates for employers will be reduced by almost 30 percent, starting January 1, 2019. The announcement states the reduction is due to the elimination of the unfunded liability of the WSIB’s Insurance Fund. The unfunded liability…
New Cannabis Legislation Tabled by Ontario Government
On September 27, 2018, the Ontario government tabled Bill 36, the Cannabis Statute Law Amendment Act, 2018. If passed, Bill 36 will enact the Cannabis Licence Act, 2018 and will make amendments to the Cannabis Act, 2017, the Ontario Cannabis Retail Corporation Act, 2017 and the Smoke-Free Ontario Act, 2017, as well as consequential amendments…
Appellate Court Finds Employer a Derivative Federal Undertaking, Overturns OLRB Decision
A recent decision of the Ontario Divisional Court, Ramkey v. Labourers International Union of North America et al, has provided employers performing work in support of federally regulated undertakings welcome clarity with respect to their status. The Court found that an employer (Ramkey) which provided construction technicians to work on telecommunications networks owned by telecommunications…
Court Upholds ESA-Only Termination Clause Which Did Not Expressly Mention Benefits
The Ontario Superior Court of Justice recently upheld a termination clause in an employment contract which limited entitlements upon termination to the minimum available under the Employment Standards Act, 2000 (ESA) but which did not make explicit reference to the continuation of benefits during the statutory notice period. In Burton v. Aronovitch McCauley Rollo LLP,…