In Croke v. VuPoint Systems Ltd., the Ontario Court of Appeal upheld a motion judge’s decision that an employee’s failure to comply with his employer’s vaccination requirements amounted to a frustration of contract, disentitling him to wrongful dismissal damages at common law. The lower court decision was discussed in our Case in Point of March…
Business Operation: Ontario
Ontario Court of Appeal Finds Plaintiff Did Not Fail to Mitigate, Upholds $50,000 Aggravated Damages Award for Manner of Dismissal
A recent Court of Appeal decision provides an illustration of when an employee may successfully claim they were unable to mitigate due to physical incapacity. It also provides a reminder of the factors a court will examine to determine if an employee is entitled to aggravated damages for the manner of dismissal. Krmpotic v. Thunder…
Ontario Announces Proposed Fine Increases and Further Requirements for Publicly Advertised Job Postings Under the Employment Standards Act, 2000
On May 3, 2024, the Ontario government announced it will table legislation that, if passed, would amend the Employment Standards Act, 2000 (ESA) to increase fines for ESA violations and impose obligations on larger employers with respect to their publicly advertised job postings. Increased Fines Amendments to the ESA would increase the maximum fine for…
The College of Nurses of Ontario Seeks Feedback on Proposed Amendments to the Educational Requirements for Registered Nurses and Registered Practical Nurses
The College of Nurses of Ontario (CNO) has announced a public consultation on proposed amendments to O. Reg. 275/94 under the Nursing Act, 1991 that would amend the educational requirements for registration as a registered nurse (RN) or registered practical nurse (RPN). These proposed amendments were developed based on feedback received during an initial public…
Firefighter and “Super Indexing” Amendments to the Workplace Safety and Insurance Act, 1997 in Force May 1, 2024, and More
On May 1, 2024, the following amendments made to the Workplace Safety and Insurance Act, 1997 (WSIA) by Bill 149, Working for Workers Four Act, 2024, will come into force. Additional Indexing Factor The WSIA currently permits annual adjustments to Workplace Safety and Insurance Board (WSIB) benefits on the basis of an indexing factor, as…
Ontario Seeks Feedback on the Introduction of a Leave of Absence for Long-Term Illness
Ontario’s Ministry of Labour, Immigration, Training and Skills Development has announced a consultation on the potential introduction of an unpaid leave of absence under the Ontario Employment Standards Act, 2000 (ESA) of up to 27 weeks for employees experiencing serious or critical illness. This would arise either through the creation of a new leave or…
Ontario Divisional Court Finds Arbitrator’s Decision to Reinstate Terminated Grievors Was “Fatally Flawed”
On April 2, 2024, the Ontario Divisional Court released its decision in Metrolinx v. Amalgamated Transit Union, Local 1587, which was a judicial review of an arbitration decision rendered by the Grievance Settlement Board (GSB). The Court found that the decision of the arbitrator, in which he reinstated five grievors whose employment had been terminated…
Ontario Seeking Comments on Proposed Regulations Under the Connecting Care Act, 2019
On March 28, 2024, the Ontario government posted Proposed New Regulations and Amendments to Regulations under the Connecting Care Act, 2019 and other Acts for comment from stakeholders. The proposed regulations would support changes to the Connecting Care Act, 2019 (CCA) as amended by the Convenient Care at Home Act, 2023, which have not yet…
Ontario to Increase Minimum Wage Effective October 1, 2024
On March 28, 2024, the Ontario government announced that the general minimum wage will increase to $17.20 an hour (from $16.55 an hour) effective October 1, 2024. This minimum wage applies to most employees. The minimum wage for the following groups also increases on October 1, 2024:
Ontario Announces Public Hearings on Bill 166
The Standing Committee on Social Policy (Committee) will hold public hearings to consider Bill 166, Strengthening Accountability and Student Supports Act, 2024, on Monday, April 15, 2024 and Tuesday, April 16, 2024. For an overview of the changes proposed by Bill 166, see our FTR Now Ontario Tables Bill Introducing Policy Requirements for Colleges and…