On October 1, 2016, the general minimum wage in Ontario will increase from $11.25 to $11.40 an hour. This minimum wage applies to most employees. Minimum wage rates for specified students, liquor servers, hunting and fishing guides and homeworkers will increase on the same date.
Author: Hicks Morley
Appellate Court Finds Restrictive Covenant Not Enforceable Where Party Had No Legitimate/Proprietary Interest to Protect in Territory
The Ontario Court of Appeal recently found that a restrictive covenant was unreasonable because the respondent, who sought to enforce the covenant, did not have a legitimate or proprietary interest to protect within the territorial scope of the covenant. In MEDIchair LP v. DME Medequip Inc., the Court was asked to decide whether the application judge had erred in finding that the restrictive covenant (provided in the course of a sale of business) was reasonable in scope, having regard to the legitimate or proprietary interest of the respondent.
Ontario Proposes Regulatory Amendments to Prohibit Use of Medical Marijuana Vaporizers in Workplaces
On March 10, 2016, the Ontario government introduced Bill 178, Smoke-Free Ontario Amendment Act, 2016. If passed, Bill 178 would amend the Smoke Free Ontario Act to provide for prescribed products and substances, in addition to tobacco. Among other things, Bill 178 would prohibit a person from smoking a prescribed product or substance or holding…
New OHSA Noise Protection Regulation Coming Into Force July 1, 2016
On July 1, 2016, noise protection requirements will be extended to all Ontario workplaces pursuant to O. Reg. 381/15 made under the Occupational Health and Safety Act. The noise protection requirements currently found in the following regulations will be revoked effective July 1, 2016: Regulation 851 – Industrial Establishments (s. 139) (O. Reg. 382/15) Regulation 854…
Arbitrator Dismisses Grievance over Denial of Benefit Reimbursement for Medical Marijuana
Arbitrator Sheehan recently dismissed a grievance by the Hamilton Professional Fire Fighters’ Association which asserted that the denial of a claim for payment of the grievor’s spouse’s medical marijuana breached the collective agreement. The grievor had submitted a claim to Manulife under the City of Hamilton’s benefit plan, seeking reimbursement for its costs. He had…
Ontario Passes Sexual Violence and Harassment Bill
On March 8, 2016, the Ontario government passed Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015, as amended by the Standing Committee on Social Policy. Bill 132 amends various statutes with respect to sexual violence and harassment, domestic violence and other matters. In addition to…
PTSD Bill Passes Second Reading
On March 3, 2016, Bill 163, Supporting Ontario’s First Responders Act (Posttraumatic Stress Disorder), 2016, passed second reading and was referred to the Standing Committee on Social Policy. As previously reported, if passed, Bill 163 will, among other things, amend the Workplace Safety and Insurance Act, 1997 to create a rebuttable statutory presumption in favour of granting workers’ compensation…
2016 Ontario Budget and Budget Bill Released
On February 25, 2016, the Ontario government tabled its 2016 Budget “Jobs for Today and Tomorrow” (“Budget”) and the corresponding Budget Bill, Bill 173, Jobs for Today and Tomorrow Act (Budget Measures), 2016 (“Bill 173”), supporting omnibus legislation designed to implement some of the proposals contained in the Budget. Our FTR Now of February 29, 2016, “Ontario Budget 2016”…
Disclosure of Disability Post-Termination Won’t Negate Dismissal for Cause
Is an employer obligated to set aside the termination of an employee if the employee subsequently discloses a disability? The Ontario Court of Appeal has seemingly answered this question in the case of Bellehumeur v. Windsor Factory Supply Ltd. and provided clarity to employers regarding their ability to discipline inappropriate workplace conduct perpetrated by employees who suffer…
Ontario Introduces PTSD Legislation
On February 18, 2016, the Ontario government introduced Bill 163, Supporting Ontario’s First Responders Act (Posttraumatic Stress Disorder), 2016. If passed, Bill 163 will, among other things, amend the Workplace Safety and Insurance Act, 1997 to create a rebuttable statutory presumption in favour of granting workers’ compensation benefits to certain workers diagnosed with post-traumatic stress disorder. If passed, Bill…