On June 3, 2021, the amendment to the Statutory Powers Procedure Act (SPPA) that makes it an offence to record or publish a tribunal hearing came into force. This amendment – as set out in a new section 29 to the SPPA – was included in Ontario’s Supporting Recovery and Competitiveness Act, 2021 which received…
Business Operation: Ontario
British Columbia Supreme Court Finds CERB Amounts Should Be Deducted from Wrongful Dismissal Damages
On May 28, 2021, the British Columbia Supreme Court (Court) released its decision in Hogan v. 1187938 B.C. Ltd., finding that the plaintiff had been constructively dismissed after being temporarily laid off at the outset of the COVID-19 pandemic by the defendant, which operated a car dealership (Dealership). The plaintiff was laid off on March…
Ontario’s Declared Emergency and Stay-at-Home Order End on June 2, 2021
The declared emergency and the Stay-at-Home Order, both made under the Emergency Management and Civil Protection Act (EMCPA) on April 7, 2021, terminate today, June 2, 2021. Note that a Declared Emergency Leave (DEL) taken under the Employment Standards Act, 2000, generally ends on the date the declared emergency terminates, subject to exceptions. By motion…
Ontario Seeking Input on Health Care Accessibility Standards under AODA
On May 7, 2021, the Health Care Standards Development Committee (Committee) published initial recommendations for the development of health care accessibility standards under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA). The 22 recommendations provide guidance on how to integrate accessibility in health care planning and how to identify, remove and prevent recurring barriers….
Superior Court Finds Ontario’s IDEL Regulation Does Not Preclude Constructive Dismissal Claim at Common Law
The Ontario Superior Court recently considered the interaction of the Infectious Disease Emergency Leave Regulation (IDEL Regulation) made under the Employment Standards Act, 2000 (ESA)and a claim for constructive dismissal at common law. In Coutinho v. Ocular Health Centre Ltd., the Court dismissed the employer’s position that the IDEL Regulation constituted a defence to a…
Ontario Court of Appeal Holds “Owner” of a Construction Project Can Be Considered an “Employer” Under OHSA
A recent decision of the Ontario Court of Appeal has significant implications under the Occupational Health and Safety Act (OHSA) for owners and employers responsible for construction projects. In Ontario (Labour) v. Sudbury (City), the Court of Appeal held that an “owner” of a construction project can also be considered an “employer” with obligations to…
Human Rights Tribunal of Ontario Seeking Public Input on Proposed Changes to its Documents and Processes
On April 20, 2021, the Human Rights Tribunal of Ontario (HRTO or Tribunal) announced that it is seeking feedback on changes to some of its forms, guides, rules and processes in an attempt to provide more efficient dispute resolution. The Tribunal is inviting feedback from the public and stakeholders with regards to the following: Draft…
New COVID-19 Restrictions on Masks/Face Coverings in the Workplace; Exceptions To Border Closure Restrictions Related to Students
On April 23, 2021, the Ontario government filed a number of regulations with respect to the Rules for Areas in Stage 1, Stage 2 and Stage 3. The General Rules for each Zone have been amended to require that persons responsible for a business or organization shall ensure that every person who works for those…
Ontario Makes Two Emergency Orders to Assist Hospitals in Responding to Increasing COVID-19 Cases
On April 21, 2021, the Ontario government made two emergency orders under the Emergency Management and Civil Protection Act (EMCPA) which will have an immediate impact on hospitals and the ongoing staffing challenges they face in dealing with COVID-19 cases. The first Order will permit staff in independent health facilities to be redeployed to hospitals….
Adverse Reactions to COVID-19 Vaccines: Employers’ WSIB Reporting Obligations and Claim Costs
The Workplace Safety and Insurance Board (WSIB) recently clarified its position with respect to the coverage of claims for COVID-19 vaccine reactions. Specifically, the WSIB FAQ section was updated with respect to employers’ reporting obligations regarding adverse reactions to COVID-19 vaccines as well as the impact of costs associated with COVID-19 vaccination claims. The recent…