A recent decision of the Court of Appeal for Ontario reinforces the importance of carefully drafting restrictive covenants and considering what evidence is necessary to succeed on a summary judgment motion. The claim arose when individual employees left their employer to work for a competitor. The former employees were all subject to the same “non-competition”…
Business Operation: Ontario
Court of Appeal Upholds Termination of Employee for Driving Company Vehicle While Intoxicated
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…
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…
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,…
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…
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…
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…
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 Court Awards Damages under Human Rights Code
In what appears to be the first decision under s. 46.1 of the Ontario Human Rights Code (“Code”), which permits courts to award damages for violations of Code rights, the Ontario Superior Court of Justice has awarded damages for infringement of Code rights in an amount of $20,000. (Prior to the changes enacted to the…
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…