On October 23, 2018, the Ontario government announced that it will be introducing proposed legislation today to repeal many of the significant employment and labour law reforms enacted by Bill 148 – including provisions with respect to equal pay, paid personal emergency (PEL) days, scheduling, card-based certification for certain industries and eliminating the requirement that employers provide unions with contact information for employees where they demonstrate that they have 20% support. Learn more in this FTR Now.
Business Operation: Ontario
Successfully represented a construction client on a collective bargaining dispute before Ontario Labour Relations Board.
Successfully represented a construction client on a collective bargaining dispute before Ontario Labour Relations Board.
Employers Take Note: Provincial Cannabis Legislation and Smoke-Free Ontario Act, 2017 (Including New Poster Requirements) Now in Force
On October 17, 2018, Bill 36, the Cannabis Statute Law Amendment Act, 2018, received Royal Assent and came into force. On the same date, the Smoke-Free Ontario Act, 2017 (SFOA) was also proclaimed into force, effective October 17, 2018. Learn more in this FTR Now.
Ongoing representation to private, public, and municipal sector in disability benefits/accommodation litigation.
Ongoing representation to private, public, and municipal sector in disability benefits/accommodation litigation.
Successfully represented municipalities in Weber Motions to strike a Statements of Claim.
Successfully represented municipalities in Weber Motions to strike a Statements of Claim.
Reminder: New Police Record Check Legislation in Force November 1, 2018
As we previously discussed, the Police Record Checks Reform Act, 2015 (Act) comes into force on November 1, 2018. Commencing on that date, police services in Ontario will offer three types of records checks: criminal record checks, criminal record and judicial matters checks and vulnerable sector checks. The types of information that are authorized for…
Appellate Court Considers “Appropriate Means” Test, Rejects Extension of Limitation Period
The Ontario Court of Appeal recently interpreted the “appropriate means” element of the test for discoverability under the Limitations Act, 2002 (s. 5(1)(a)(iv)) in Nasr Hospitality Services Inc. v Intact Insurance, a matter concerning a claim under a commercial insurance policy. In this case, the insured promptly reported to the insurer and made a claim…
Recent ESA Cases of Note
In a significant decision rendered on September 19, 2018, Wood v. CTS of Canada Co., the Ontario Court of Appeal considered the Form 1, which is required under the Employment Standards Act, 2000 (ESA) to be posted and filed in cases of mass termination.
Court of Appeal Upholds Cause Dismissal for Breach of Fiduciary Duty
In the case of Dunsmuir v. Royal Group, Inc., the Ontario Court of Appeal recently upheld the cause termination of a Senior Vice-President and Chief Financial Officer of a publicly-traded company for breach of fiduciary duty. The employee had commenced a claim against the employer for wrongful dismissal and sought approximately $6.6 million in damages….
HRTO Dismissal of Application for Delay of One Day Upheld by Appellate Court
In a useful decision for employers, the Ontario Divisional Court has confirmed that the one-year timeline for filing an application with the Human Rights Tribunal of Ontario (Tribunal) will be strictly enforced. The decision provides a valuable warning to applicants that the time limits required to bring a complaint are indeed requirements and will only…