Federal Government Eliminates Secret Ballot Certification Votes for Federally Regulated Employees, Reverses Union Financial Disclosure Obligations

On June 19, 2017, Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act, received Royal Assent. As previously reported, Bill C-4 amends the Canada Labour Code to repeal reforms to the certification and decertification process brought…

The Supreme Court’s Decision on Proving Mental Injury and its Implications for Employers

In a recent decision, Saadati v. Moorhead, the Supreme Court of Canada unanimously held that proof of a recognized psychiatric injury is no longer necessary to award damages for mental injuries caused by negligence. Although this finding was made in the context of a personal injury case, it may have implications for employers. The plaintiff/appellant…

Private Member’s Bill Proposes Compulsory WSIB Coverage for Residential Care Facilities and Group Homes

On June 1, 2017, Bill 145, WSIB Coverage for Workers in Residential Care Facilities and Group Homes Act, 2017 was introduced by a member of the Liberal Party. If passed, Bill 145 would amend the Workplace Safety and Insurance Act, 1997 (WSIA) to provide that an employer who operates a residential care facility or a…

Sexual Assault: When is an Employer Vicariously Liable?

In a recent decision, Ivic v. Lakovic, the Ontario Court of Appeal dismissed a claim against a taxi company whose driver allegedly sexually assaulted the appellant. The Court found that the alleged acts were only coincidentally connected to the taxi company and the company did not confer any power on the driver over the appellant….

Anti-Racism Act, 2017 Now in Force

On June 1, 2017, Bill 114, the Anti-Racism Act, 2017 received Royal Assent and came into force. Among other things, the Anti-Racism Act, 2017 (Act): requires the Ontario government to maintain an anti-racism strategy which includes: initiatives to eliminate systemic racism, including those that assist racialized groups that are most adversely impacted by systemic racism,…

Ontario Tables Bill to Amend Employment and Labour Laws

On June 1, 2017, the Ontario government introduced Bill 148, the Fair Workplaces, Better Jobs Act, 2017, legislation which, if passed, will make significant amendments to the Employment Standards Act, 2000 (ESA) and the Labour Relations Act, 1995 (LRA). On the same date, the Bill was referred to the Standing Committee on Finance and Economic Affairs….

Ontario 2017 Budget Bill Passes

On May 17, 2017, the Ontario government passed Bill 127, Stronger, Healthier Ontario Act (Budget Measures), 2017, omnibus legislation giving effect to initiatives contained in the Ontario Budget 2017. See our FTR Now of May 2, 2017, Ontario Budget 2017, for a detailed discussion of those initiatives which are of interest to employers, human resources…

Ontario to Move Forward with Recommendations on Preventing Violence in the Healthcare Sector

The Ontario government has announced that it will be moving forward with certain recommendations from the Workplace Violence Prevention Care Report (Report), released on May 15, 2017, to enhance safety in hospitals and to reduce incidents of workplace violence across the healthcare sector. Among other things, the government will be consulting with stakeholders on the following…