Business Operation: Ontario

WSIB to Add New Classification Applicable to Temporary Employment Agencies

· 2 min read

A recent amendment to the Workplace Safety and Insurance Act, 1997 regulations has resulted in the creation of a new Workplace Safety and Insurance Board (WSIB) classification which will allow temporary employment agencies (TEAs) to report the supply of administrative, clerical and knowledge-based labour under one classification for premium-setting purposes. This new classification will take…

Human Rights Tribunal of Ontario Confirms Childcare Preferences Do Not Trump Employer’s Scheduling Needs

· 6 min read

In Aguele v. Family Options Inc., the Human Rights Tribunal of Ontario (HRTO) confirmed that the duty to accommodate in the context of a family status accommodation scheduling request is not unlimited. An employee has an obligation to accept accommodation that is reasonable in the circumstances, failing which an employer’s accommodation obligation is discharged. This…

Ontario Court Approves Modest $62,000 Settlement in Employee Misclassification Class Action

· 3 min read

In Morris v. Solar Brokers Canada Corp., the Ontario Superior Court of Justice approved a negotiated settlement of $62,000 in a class action arising from the alleged misclassification of individuals as independent contractors. The Court also approved class counsel fees in the amount of $20,000, leaving $42,000 to be distributed amongst the class. As a…

Ontario Court Declares Back-To-Work Legislation in College Sector Constitutional

· 7 min read

The Ontario Superior Court of Justice has just released an important decision upholding the constitutionality of the Ontario government’s 2017 back-to-work legislation in the college sector. The legislation in question was the Colleges of Applied Arts and Technology Labour Dispute Resolution Act, 2017 (Act). The Act legislated the end to the longest college-sector strike in…

Ontario Court Grants Injunction to End Encampment at University of Toronto

· 3 min read

The Ontario Superior Court of Justice has granted an interlocutory injunction to end an encampment on the University of Toronto’s Front Campus. The Court found that the University’s Governing Council, as the property owner, has the ultimate right to determine the land’s use. In obiter, the Court also reiterated that the Charter does not apply…

Information and Privacy Commissioner of Ontario Releases Guidance on Information-Sharing in Situations of Intimate Partner Violence

· 2 min read

In May 2024, the Information and Privacy Commissioner of Ontario released Sharing Information in Situations Involving Intimate Partner Violence: Guidance for Professionals (the Guidance). The Guidance was developed as a result of a 2022 coroner’s inquest into three deaths caused by intimate partner violence (IPV). The Guidance is helpful for organizations, service providers and staff…

Court Stays Employee Misclassification Class Action in Favour of Arbitration

· 5 min read

In Wasylyk v. Lyft, the Ontario Superior Court of Justice issued a stay of a proposed employee misclassification class action in favour of private arbitration. The case provides an illustration of the factors that may support the enforceability of an arbitration clause in disputes related to the Employment Standards Act, 2000 (ESA). The plaintiff filed…

Student Violence May Form Basis for a Teacher’s Lawful Work Refusal

· 4 min read

A recent Ontario Labour Relations Board (OLRB) decision found that two teachers engaged in a lawful work refusal when they refused to return to work following a classroom incident where a student engaged in a violent episode against another staff member. In Ontario English Catholic Teachers’ Association v Dufferin-Peel Catholic District School Board, three teachers…

Ontario Budget Bill Receives Royal Assent

· 1 min read

As discussed in our April 3, 2024 FTR Now, on March 26, 2024, the Ontario government tabled its 2024 Budget and introduced Bill 180, Building a Better Ontario Act (Budget Measures), 2024 (Bill 180). Bill 180 received Royal Assent on May 16, 2024. Employers, human resources professionals and pension plan administrators should be aware of…