In May 2024, the Information and Privacy Commissioner of Ontario released Sharing Information in Situations Involving Intimate Partner Violence: Guidance for Professionals (the Guidance). The Guidance was developed as a result of a 2022 coroner’s inquest into three deaths caused by intimate partner violence (IPV). The Guidance is helpful for organizations, service providers and staff…
Business Operation: Ontario
Court Stays Employee Misclassification Class Action in Favour of Arbitration
In Wasylyk v. Lyft, the Ontario Superior Court of Justice issued a stay of a proposed employee misclassification class action in favour of private arbitration. The case provides an illustration of the factors that may support the enforceability of an arbitration clause in disputes related to the Employment Standards Act, 2000 (ESA). The plaintiff filed…
Student Violence May Form Basis for a Teacher’s Lawful Work Refusal
A recent Ontario Labour Relations Board (OLRB) decision found that two teachers engaged in a lawful work refusal when they refused to return to work following a classroom incident where a student engaged in a violent episode against another staff member. In Ontario English Catholic Teachers’ Association v Dufferin-Peel Catholic District School Board, three teachers…
Ontario Budget Bill Receives Royal Assent
As discussed in our April 3, 2024 FTR Now, on March 26, 2024, the Ontario government tabled its 2024 Budget and introduced Bill 180, Building a Better Ontario Act (Budget Measures), 2024 (Bill 180). Bill 180 received Royal Assent on May 16, 2024. Employers, human resources professionals and pension plan administrators should be aware of…
The Strengthening Accountability and Student Supports Act, 2024 Receives Royal Assent
As discussed in our February 28, 2024 FTR Now, on February 26, 2024 the Ontario government introduced Bill 166, Strengthening Accountability and Student Supports Act, 2024 (Bill 166). Bill 166 received Royal Assent on May 16, 2024. Policy Requirements Bill 166 amends the Ministry of Training, Colleges and Universities Act (Act) to require every college…
Ontario Introduces Legislation to Address Cyber Security in the Public Sector
On May 13, 2024, the Ontario government tabled Bill 194, Strengthening Cyber Security and Building Trust in the Public Sector Act, 2024 (Bill 194). If passed, Schedule 1 of Bill 194 would enact the Enhancing Digital Security and Trust Act, 2024. Amendments would also be made to the Freedom of Information and Protection of Privacy…
Ontario Invites Comments on Bill 190, Working for Workers Five Act, 2024
The Ontario government is inviting comments on proposed amendments to the Employment Standards Act, 2000 (ESA) and the Occupational Health and Safety Act (OHSA) found in Bill 190, Working for Workers Five Act, 2024 (Bill 190). We discussed Bill 190 in our FTR Now of May 7, 2024 Ontario Introduces Working for Workers Five Act,…
Court of Appeal Confirms Employment Contract Frustrated by Failure to Comply with Mandatory Vaccination Requirement
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…
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…