In some circumstances, yes. In the recent decision of Dziecielski v. Lighting Dimensions Inc., the employee drove a company vehicle while intoxicated. He was returning to the workplace from a customer visit and a lunch where he drank four beers, when he was involved in a car accident which destroyed the vehicle and left him…
Business Operation: Ontario
Leaves to Help Families Act Passes Second Reading
On September 25, 2013, Bill 21, Employment Standards Amendment Act (Leaves to Help Families), 2013 passed Second Reading in the Ontario Legislature and was referred to the Standing Committee on General Government. As previously reported, if passed, Bill 21 would allow eligible employees to take the following job-protected unpaid leaves of absence: Family Caregiver Leave…
Ontario Introduces Bill to Amend the Employer Health Tax Act
On September 24, 2013, the Ontario government introduced Bill 105, Supporting Small Businesses Act, 2013. Among other things, the Bill would, if passed, amend the Employer Health Tax Act to increase the exemption amount for eligible employers to $450,000 for the calendar years 2014 to 2018, after which an exemption amount would be adjusted every…
Court Weighs in on Mitigation and Returning to Work with Former Employer
The Court of Appeal for Ontario has upheld a lower court decision which found the plaintiff (Mr. Chevalier), who had been constructively dismissed, was not entitled to damages after he declined an offer of re-employment from his former employer. It held that the trial judge had properly considered and applied the legal principles, concluding on…
Regulatory Amendments made under Immunization of School Pupils Act
On September 18, 2013, two regulations were filed under the Immunization of School Pupils Act (“Act”). O. Reg. 260/13 amends Regulation 645 of R.R.O. 1990 (General). It includes, among other things, a requirement that schools provide reports containing records for each pupil in the school to the medical officer of health for the health unit…
Ontario Introduces Bill to Protect Students
On September 18, 2013, the Ontario government introduced Bill 103, Protecting Students Act, 2013. If passed, Bill 103 would amend the Ontario College of Teachers Act, 1996 (“Act”) and would, among other things: add definitions of “professional misconduct’ and “sexual misconduct” to the Act establish an investigation stage complaint resolution process and a disciplinary stage…
Raising the Bar – Sixth Edition
“There are far, far better things ahead than any we leave behind. “ C.S. Lewis Dear Friends, Welcome back from the summer! We hope that all of our readers had a chance to get in some rest and relaxation with friends and family over the past few months, and we are sure that you…
Ontario Court Upholds Forfeiture-On-Resignation Provision of Equity Incentive Plan
In a decision released on September 12, 2013,[1] the Ontario Superior Court of Justice upheld the enforceability of a provision of an employer’s incentive compensation plan pursuant to which unmatured awards are forfeited upon an employee’s resignation. The Court held that the provision was a permissible loyalty incentive rather than an unlawful restraint on trade….
Parliament Prorogues until October 16th
Upon the request of the Prime Minister, the Governor General officially prorogued Parliament today. The next session of Parliament is scheduled to begin on October 16, 2013, with a Speech from the Throne. As described in our previous post – Parliament to be Prorogued – all Government Bills have “died on the Order Paper,” and…
Government Announces Three-Year EI Premium Freeze
On September 9, 2013, the federal Government announced that it would be cancelling its planned EI premium hike for 2014. Instead, EI premiums will be frozen at the 2013 level of $1.88 per $100 of insurable earnings. The Government also stated that the rate would not exceed $1.88 for 2015 or 2016. On the same date,…