O. Reg. 378/23 (Amending Regulation), amending O. Reg. 261/22 made under the Fair Access to Regulated Professions and Compulsory Trades Act, 2006 (Act), prescribes the criteria for alternatives to Canadian experience that may be accepted by regulated professions. The Amending Regulation is made further to the changes to the Act enacted by the Working for…
Author: Hicks Morley
Ontario Court Considers New Preferable Procedure Test
One of the important parts of the test for certification of a proposed class proceeding is that a class proceeding would be the preferable procedure for the resolution of the common issues. In Banman v. Ontario, the Ontario Superior Court of Justice (Court) provided the first detailed interpretation and application of the revised preferable procedure…
Reminder of Upcoming Accessibility Compliance Report Deadline
The Accessibility for Ontarians with Disabilities Act (AODA) sets out the process for developing and enforcing accessibility standards in Ontario. Its purpose is to achieve accessibility standards for Ontarians with physical and mental disabilities by 2025. All levels of government, private sector organizations and non-profit organizations must comply with this legislation. The Accessibility Compliance Report is a…
Ontario Updates Regulation Governing Group Terminations
On November 10, 2023, the government of Ontario filed Ontario Regulation 340/23 (Amending Regulation) which amends the Termination and Severance of Employment Regulation (Regulation) made under the Employment Standards Act, 2000 (ESA). The Amending Regulation provides regulatory support for changes to the ESA’s group termination provisions made by Bill 79, Working for Workers Act, 2023 (Bill 79). Under the ESA, employers have an obligation…
Appellate Court Finds National Day of Mourning Not a Paid Holiday Under Collective Agreements
The issue of whether the National Day of Mourning is considered a “holiday” under a particular collective agreement has been the topic of recent arbitral decisions. On November 7, 2023, the Divisional Court weighed in on the issue and found that the National Day of Mourning is not a paid holiday under the applicable collective…
Ontario to Table Legislative Changes Relating to Injured Workers
On November 8, 2023, the Ontario government announced its intention to introduce legislation that would include the following protections for injured workers: The government also announced it will be launching consultations on a new job-protected leave for employees who are dealing with a critical illness, such as cancer. This new leave would match the length…
Court Considers Appropriate Pleadings in Class Action Context
In a recent development in Ottawa’s “convoy class action,” Justice MacLeod of the Ontario Superior Court provided a helpful review for litigants of what will be considered an appropriate pleading under the Rules of Civil Procedure particularly in the class proceedings context. Background Li v. Barber is a proposed class proceeding commenced by an Ottawa…
Ontario Proposes New Requirements on Construction Sites
On March 15, 2023, Ontario announced proposed changes to jobsite requirements in the construction sector. If approved and filed, the proposed regulatory changes would require construction employers to provide safe, private, and clean restroom facilities, including a minimum of one designated washroom for women on every jobsite. The total number of restrooms required across most…
Ontario Proposes ESA Changes for Remote Workers and New Hires
On March 13, 2023 the Ontario government announced proposed updates to employment laws related to remote workers in the province. If passed, the proposed changes would broaden the definition of “establishment” in the Employment Standards Act, 2000 (ESA) to include employees’ remote home offices. As a result, employees who work solely from home would be…
Court Finds Employee’s Contract Frustrated for Failing to Comply with Mandatory Vaccination Requirements
In Croke v VuPoint Systems Ltd., the Ontario Superior Court of Justice recently found that an employee’s failure to comply with his employer’s vaccination requirements amounted to a frustration of contract, disentitling the employee to wrongful dismissal damages at common law. The employer, VuPoint, provided installation services for Bell Canada. The employee exclusively worked for Bell,…