In a significant decision for post-secondary institutions, Arbitrator Leslie Reaume has upheld the for-cause termination of a tenured university professor at Brock University for the sexual harassment of a graduate student. The ruling sends a clear message that the power imbalance in supervisory relationships is not an invitation for inappropriate conduct. Sexually charged and personally…
Business Operation: Ontario
Ontario Court of Appeal Grants Leave to Appeal Acquittal in Benevides Decision, Opening Door to Expanded Workplace Safety Liability for Incidental Construction Workers
On June 9, 2025 the Ontario Court of Appeal released its decision in Ontario (Labour, Immigration, Training and Skills Development) v. Benevides, granting leave to appeal the provincial offences appeal judge’s decision to the Court of Appeal. Background This case stems from a construction site incident that occurred in April of 2020 where eight spools…
Employers Take Note: Human Rights Tribunal of Ontario Launches Mandatory Mediation Process Effective June 1, 2025
The Human Rights Tribunal of Ontario (HRTO) will implement a significant procedural change that will impact how human rights disputes are resolved in the province. The HRTO has announced the launch of a mandatory mediation process for all applications filed on or after June 1, 2025. Applications filed with the HRTO prior to June 1,…
Employers Take Note: WSIB Suspends Appeals and Extends Time Limits as Over 3,600 Unionized Workers Begin Rolling Strikes
The Workplace Safety and Insurance Board (WSIB) has suspended its appeals processes and extended objection time limits as over 3,600 unionized workers commenced rolling strikes on May 22, 2025, following failed contract negotiations with the Ontario Compensation Employees Union (OCEU). The labour disruption has prompted significant operational changes affecting workplace parties seeking to challenge WSIB…
Ontario’s Human Rights Tribunal Dismisses Discrimination Claim Against Union’s Women-Only Job Posting Under Special Program Provisions in the Code
Employers seeking to initiate equitable hiring strategies may wonder whether such programs are “legal”, given the current political climate in the United States. A recent decision of the Human Rights Tribunal of Ontario contains important reminders.
Arbitrator Upholds Benefits Related Grievance: “Generic Substitute” Does Not Limit Reimbursement to “Lowest Cost” Drug Per Collective Agreement
In Hydro One Inc. v The Society of United Workers, Arbitrator John Stout upheld a grievance against Hydro One for violating its Collective Agreement. Hydro One had limited reimbursement of prescription drug expenses to only the lowest cost generic medication, rather than covering the full cost of generic medications prescribed by physicians. This limitation was…
Municipalities Take Note: Ontario Proposing to Expand Strong Mayor Powers to 169 Additional Municipalities
The Ontario government is proposing to expand Strong Mayor powers to 169 additional municipalities, reshaping local governance across the province. In this Human Resources Legislative Update, Jamie Burns outlines what these changes mean for the future of municipal decision-making.
The Ontario Court of Appeal Provides Another Caution to Employers Drafting Employment Contracts: Actual Language is Paramount—Not Intent
In a recent decision of the Ontario Court of Appeal, the Court upheld the lower court’s decision finding that the termination clause in the employment contract was offside of the Employment Standards Act, 2000 (ESA) and that as a result, the employee was entitled to common law reasonable notice.
Ontario Government Announces $11 Billion in Relief Measures for Workers and Businesses Amid Economic Uncertainty Due to U.S. Tariffs
On April 7, 2025, the Ontario announced approximately $11 billion in relief and support for workers and businesses to protect the province’s economy from economic uncertainty and the impact of U.S. tariffs.
WSIB Decision Determines Employer Not in Breach of Re-Employment Obligations After Terminating Employee Who Misrepresented Extent of Workplace Injuries
In a recent decision, the Workplace Safety and Insurance Board (WSIB) clarified Policy 19-02-09, (Re-employment Obligations) (the Policy), which outlines conditions under which employers must re-employ workers who are unable to work due to work-related injuries or illnesses.