In Bakshi v. Global Credit & Collection Inc., the Court of Appeal dismissed an appeal of a decision of the Ontario Superior Court which had upheld the non-payment of commissions after lay-off on transactions that occurred prior to lay-off…
Business Operation: Ontario
HRTO Decision Clarifies Family Status Accommodation Test and Finds Reasonable Investigation Conducted
In Ananda v. Humber College Institute of Technology & Advanced Learning, a recent decision of the Human Rights Tribunal of Ontario (Tribunal), the Tribunal confirmed its approach to assessing claims of family status discrimination (in this case, involving eldercare) and described some of the features of a picture-perfect human rights investigation…
New PHIPA Regulation Sets Out Circumstances in Which Health Information Custodians Must Notify Privacy Commissioner
On June 29, 2017, the Ontario government filed O. Reg. 224/17 amending O. Reg. 329/04 (General) made under the Personal Health Information Protection Act, 2004 (Act). The Act was amended in 2016 by the Health Information Protection Act, 2016…
MOL Announces Safety Blitzes to Target Mining Employers
The Ministry of Labour has announced that from July 1 to August 31, 2017, mining inspectors, ergonomists and engineers will be conducting safety blitzes to ensure that mine employers are taking appropriate action regarding occupational disease hazards and protection of workers. The blitzes will: ensure employers are complying with occupational health and safety laws raise…
Appellate Court: Term “Probation” in Employment Contract Has A Clear Legal Meaning
The Ontario Court of Appeal recently confirmed that the term “probation” in an employment contract has a clear legal meaning. It upheld the termination of an employee during a six-month probationary period, who had been dismissed with payment of his applicable entitlements under the Employment Standards Act, 2000 (ESA). Common law has long recognized a…
FTR Quarterly – Issue 6
In This Issue Gender Identity and Gender Expression: Best Practices for Employers and Service Providers FTRQ&A – Bill C-45, the Cannabis Act Quick Hit – Changing Workplaces Review: A Bill 148 Timeline The Dos & Don’ts of Employment Reference Letters: Best Practices for Employers Featured Lawyer – Simon Mortimer Featured Group – Pay Equity Featured Articles…
Bill 148: Public Hearing Dates Announced
On June 22, 2017, the Standing Committee on Finance and Economic Affairs (Committee) met to adopt procedural recommendations from its subcommittee with respect to the public hearings for Bill 148. Employers wishing to participate in these hearings should take note of the following information…
An “Uncomfortable” Workplace Interaction – or Harassment and Discrimination under the Human Rights Code?
In dismissing this human rights application as having no reasonable prospect of success, Vice Chair Hart made helpful comments with respect to the Human Rights Code (Code) and the role of the Human Rights Tribunal of Ontario (Tribunal) in dealing with “uncomfortable” workplace interactions. In short, the decision stands for the proposition that, depending on…
A Legislative and Case Law Update for School Boards
In this latest edition of our School Board Update, we provide you with a brief overview of the significant changes recently proposed by the Ontario government to the employment and labour laws in our province…
Private Member’s Bill Proposes Compulsory WSIB Coverage for Residential Care Facilities and Group Homes
On June 1, 2017, Bill 145, WSIB Coverage for Workers in Residential Care Facilities and Group Homes Act, 2017 was introduced by a member of the Liberal Party. If passed, Bill 145 would amend the Workplace Safety and Insurance Act, 1997 (WSIA) to provide that an employer who operates a residential care facility or a…