Following a recent stakeholder consultation, in February 2024 the Workplace Safety and Insurance Board (WSIB) published changes to its Appeals Practices and Procedures. The WSIB reports these changes will improve its “efficiency in providing timely, quality decisions and excellent customer service.” Some key changes include:
Business Operation: Ontario
Ontario Court Finds Failure to Accept Comparable Position Constitutes Complete Failure to Mitigate
In Gannon v. Kinsdale Carriers, the Ontario Superior Court recently considered what constitutes “comparable employment” for the purpose of mitigation of reasonable notice damages. The plaintiff was employed by the defendant, a federally regulated trucking company, for 23 years. At the time of her termination from employment, the plaintiff held a role that included accounts…
Proposed Regulatory Amendments to Teacher Assignment and Proficiency in Mathematics
The Ontario government recently posted two regulatory amendments related to teacher assignments and proficiency in mathematics for comment. The first is the Proposed Regulatory Amendments to Teacher Assignments. Regulation 298 made under the Education Act mandates that principals must assign their teachers to the best possible program, in accordance with the teacher’s qualifications or as…
Human Rights Tribunal of Ontario Awards Applicant $180,000 as Compensation for Injury to Dignity, Feelings and Self-Respect
In the recent decision of L.N. v. Ray Daniel Salon & Spa, the Human Rights Tribunal of Ontario (Tribunal) awarded an applicant $180,000 in damages for injury to dignity, feelings and self-respect. In this case, the applicant was a recently arrived refugee to Canada. She had not yet received her work permit when she started…
Employment Termination Clauses Under Scrutiny – The Latest Update
In Dufault v. The Corporation of the Township of Ignace, the Ontario Superior Court of Justice found the termination provisions of a fixed-term employment contract did not comply with the Employment Standards Act, 2000 (ESA) because, among other things, it permitted the employer to terminate the employee’s employment without cause in the employer’s “sole discretion”…
Ontario Superior Court Reins In Proposed Discovery Plan and Common Issues
In Curtis v. Medcan Health Management Inc., Justice Perell of the Ontario Superior Court reined in the scope of the plaintiffs’ proposed discovery plan and constrained the scope of the certified common issues in an ongoing employment class action. This class action relates to an allegation of unpaid vacation and public holiday pay. As we…
Ontario Seeking Employer Feedback on the Ontario Immigrant Nominee Program
For employers who are involved with the Ontario Immigrant Nominee Program, the Ministry of Labour, Immigration, Training and Skills Development is seeking feedback on the employer job offer streams as well as employer experience with the Program, among other things. Employers wishing to provide feedback may do so by completing the Ministry’s survey, found on…
Ontario Human Rights Commission Issues Policy Position on Caste-Based Discrimination
The Ontario Human Rights Commission (Commission) recently released a policy position addressing the issue of caste-based discrimination and confirming the Commission’s perspectives concerning caste-based discrimination as a form of intersectional discrimination contrary to the Ontario Human Rights Code (Code). In its Policy Position on Caste-Based Discrimination (Policy Position), the Commission provides its views on whether…
Ontario Court of Appeal Clarifies Transition Provision in Class Proceedings Act, 1992
Ontario’s class proceedings legislation was amended in 2020 and the Ontario courts have recently addressed the question of “transition” for cases begun under the “old” version of the legislation. In Martin v. Wright Medical Technology Canada Ltd., the Ontario Court of Appeal confirmed that there is a “bright line” between actions started under the Class…
Regulatory Amendment Sets Out Criteria Regulated Professions Are to Consider as Alternatives to Canadian Experience
O. Reg. 378/23 (Amending Regulation), amending O. Reg. 261/22 made under the Fair Access to Regulated Professions and Compulsory Trades Act, 2006 (Act), prescribes the criteria for alternatives to Canadian experience that may be accepted by regulated professions. The Amending Regulation is made further to the changes to the Act enacted by the Working for…