Ontario Expanding Presumptive Cancer Coverage for Firefighters to include Thyroid and Pancreatic Cancers

The Ontario government has announced it will be introducing regulatory amendments to expand the presumptive cancer coverage for firefighters to include thyroid and pancreatic cancers. This expanded coverage will be retroactive to January 1, 1960 and will be applicable to full-time, volunteer and part-time firefighters, firefighters employed by First Nations band councils, and fire investigators….

Ontario Court Approves Settlement Amount in Employee Misclassification Class Action

In Phillip v Deloitte Management Services LLP et al, the Ontario Superior Court recently approved a $2.4 million dollar settlement in a class action alleging employee misclassification and breaches of the Employment Standards Act, 2000 (ESA). The class action commenced nearly 8 years ago and involved approximately 500 individuals who provided document review and e-discovery…

Court Finds Employer Had Cause to Dismiss Employee After He Deleted Employer Website

In Park v Costco Wholesale Canada Ltd., the Ontario Superior Court held a former employee (Mr. Park) had engaged in wilful misconduct that was incompatible with the fundamental terms of his employment relationship with his employer, Costco, and that Costco was therefore justified in terminating his employment for cause. The employee had worked for Costco…

Federal Court: No Entitlement to EI Benefits Where Employee Fails to Comply With Employer’s Vaccination Policy

In Cecchetto v. Canada (Attorney General), the Federal Court recently considered a decision of the Appeal Decision of the Social Security Tribunal (SST) which denied leave to appeal a finding of the General Division of the SST that the applicant was not entitled to employment insurance (EI) benefits when his employment was terminated for failure…

WSIB Publishes Draft Communicable Illnesses Policy for Consultation

The Workplace Safety and Insurance Board (WSIB) has published a Draft Communicable Illnesses Policy (Draft Policy) for consultation. As stated by the WSIB, the WSIB has adjudicated tens of thousands of COVID-19 claims since the onset of the pandemic. Drawing from its history of adjudicating communicable diseases and the recent COVID-19 claims’ experience, the WSIB…

Ontario Proposes Amendments to Long-Term Care Sector Regulations

Ontario’s Ministry of Long-Term Care has tabled a proposal to amend Regulation 246/22 made under the Fixing Long-Term Care Act, 2021. The proposed amendments focus on changes to staffing qualifications, medication management and drug administration and overall resident experience. Regulation 246/22 prescribes residents’ rights, plans of care, nursing and personal support services, nutritional care, medical…

Appellate Court Denies Certification of Class Actions Claiming Intrusion Upon Seclusion

In Broutzas v. Rouge Valley Health System, the Ontario Divisional Court dismissed an appeal from a motion decision that had denied certification in two class proceedings, which were focused on the tort of intrusion upon seclusion. Background The appellants gave birth at certain hospitals between 2009 and 2014 and their hospital records were improperly accessed…

Competition Bureau Seeks Feedback on Incoming Changes to Competition Act

The Competition Bureau Canada is inviting interested parties to provide comments on new guidelines to address wage-fixing and no-poaching agreements (Guidelines). The draft Guidelines describe the Bureau’s approach to enforcing recent amendments to the Competition Act which make wage-fixing and no-poaching agreements illegal and subject to significant criminal penalties in Canada. As we previously noted,…

Class Action Certified Against the MLTC Respecting COVID-19 Deaths/Illnesses in Long-Term Care Homes

In Robertson v. Ontario, Justice Belobaba of the Ontario Superior Court of Justice recently certified a class proceeding against the Ontario Minister of Long-Term Care (MLTC). The case relates to the deaths or serious illness due to COVID-19 of thousands of residents in provincially regulated long-term care (LTC) homes. Although the class proceeding was certified,…