In a recent decision, Eynon v. Simplicity Air Ltd., the Ontario Court of Appeal upheld a punitive damages award of $150,000 against an employer for the actions of two of its supervisors after an employee’s workplace injury. The appeal to the Court of Appeal was from a jury award of punitive damages. The respondent employee…
Business Operation: Ontario
Court Finds IDEL Regulation Under ESA Precludes Constructive Dismissal Claim at Common Law
In Taylor v. Hanley Hospitality Inc., the Ontario Superior Court considered the interaction between 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. It held that the IDEL Regulation precludes a constructive dismissal claim where employees’ hours are reduced…
Ontario to Enter Step 1 of Reopening on June 11, 2021
The Ontario government has announced that effective June 11 at 12:01 a.m., all regions of the province will enter Step 1 of its Roadmap to Reopen as the COVID-19 cases slowly begin to drop and the vaccination rates increase.
Amendments Made to Notice and Reporting Requirements under OHSA
On June 7, 2021, the Ontario government filed amendments to a number of regulations made under the Occupational Health and Safety Act (OHSA). Most of the amendments relate to the reporting of workplace accidents, which consolidate the notice of death or critical injury reporting requirements found in several regulations under the OHSA into one regulation—Ontario…
New SPPA Amendment Restricts the Recording and Dissemination of Tribunal Hearings
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…
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…