In Dziecielski v. Lighting Dimensions, the Court of Appeal for Ontario recently upheld an employer’s decision to terminate a long-service employee with an otherwise clean disciplinary record for driving a company vehicle while intoxicated. While driving, the employee had been involved in a car accident and was criminally charged. The lower court had examined the…
Author: Hicks Morley
Ontario Introduces Bill 122, School Boards Collective Bargaining Act
On October 22, 2013, the Ontario government introduced Bill 122, the School Boards Collective Bargaining Act, 2013, legislation that would, if passed, amend the collective bargaining regime governing Ontario school boards and teachers. The government also released a Backgrounder on Bill 122. We are in the process of reviewing the proposed legislation, and a more…
No Damages Awarded For Failure to Mitigate By Declining Job with Former Employer
In a recent decision of the Court of Appeal for Ontario, Chevalier v. Active Tire & Auto Centre Inc., the Court upheld a trial judge’s finding that an employee who refused an offer of re-employment with his former employer was not entitled to damages: there was no evidence that had he returned to that workplace,…
Federal Government Announces Budget Bill No. 2
On October 22, 2013, the federal government announced the introduction of the Economic Action Plan 2013 Act, No. 2. The Bill would, if passed, implement key measures from Economic Action Plan 2013 (the Budget), as well as certain previously announced tax measures. Among other things, the Bill would: freeze Employment Insurance premium rates for three…
Section 46.1 Code Damages Awarded by Court
The Ontario Superior Court of Justice recently awarded damages under section 46.1 of the Ontario Human Rights Code, a section added to the Code in 2008 to permit courts to award damages for violations of the Code. Wilson v. Solis Mexican Foods appears to be the first decision in which such damages have been ordered…
New Education Act Regulatory Amendments Filed (Sick Leave Credits, Gratuities)
On October 10, 2013, the Ontario government filed O. Reg. 275/13 (Sick Leave Credits and Sick Leave Credit Gratuities), amending O. Reg. 1/13 (Sick Leave Credits and Sick Leave Credit Gratuities). Notably, the new amendments revoke the “sunset clause” previously contained in section 5 of O. Reg. 1/13, which had provided for an automatic revocation…
Ontario Introduces New Healthcare Legislation to Enhance Patient Care, Pharmacy Safety
On October 10, 2013, the Ontario government introduced Bill 117, Enhancing Patient Care and Pharmacy Safety (Statute Law Amendment) Act, 2013. If passed, this legislation would, among other things: amend the Drug and Pharmacies Regulation Act to allow premises associated with hospitals and health and custodial institutions to be considered “pharmacies” for the purposes of…
Nursing Act Amendment Comes into Force January, 2014
Effective January 1, 2014, section 4.5 of the Nursing Act, 1991 will come into force, adding “dispensing a drug” to the list of authorized acts a member, other than a member described in section 5.1 of the Act (“certain authorized nurses”), is conditionally authorized to perform in the course of engaging in the practice of…
New Privacy Legislation in Manitoba
Organizations with operations in Manitoba need to be aware that the Manitoba Legislature has recently passed new privacy legislation that will apply to the private sector and, to a lesser degree, to the not-for-profit sector – The Personal Information Protection and Identity Theft Prevention Act (“PIPITPA” or the “Act”). PIPITPA will establish rules for the…
Manitoba Passes Private Sector Privacy Legislation
On September 12, 2013, Bill 211 The Personal Information Protection and Identity Theft Prevention Act, a Private Member’s Bill, passed Third Reading in the Manitoba Legislature. It received Royal Assent on September 13, 2013. Subject to specified exemptions, Bill 211 will apply to all organizations in the province (including private sector organizations) and will govern…