In this Minimum Standards Monitor, we discuss two recent cases of interest to employers. In the first, an arbitrator found that an employee returning from maternity/parental leave was not entitled to the exact same work conditions which she left, even though the original job still existed. A comparable replacement position was sufficient…
Business Operation: Ontario
Ontario 2017 Budget Bill Passes
On May 17, 2017, the Ontario government passed Bill 127, Stronger, Healthier Ontario Act (Budget Measures), 2017, omnibus legislation giving effect to initiatives contained in the Ontario Budget 2017. See our FTR Now of May 2, 2017, Ontario Budget 2017, for a detailed discussion of those initiatives which are of interest to employers, human resources…
Ontario to Move Forward with Recommendations on Preventing Violence in the Healthcare Sector
The Ontario government has announced that it will be moving forward with certain recommendations from the Workplace Violence Prevention Care Report (Report), released on May 15, 2017, to enhance safety in hospitals and to reduce incidents of workplace violence across the healthcare sector. Among other things, the government will be consulting with stakeholders on the following…
Appeal Court Affirms Exclusive Jurisdiction Model Applies in CFL Concussion Case
In a case that continues to attract media attention, the British Columbia Court of Appeal (Court) upheld a lower court decision that concluded it was without jurisdiction to hear claims brought against the Canadian Football League (CFL), its teams and various individuals relating to concussions alleged to have occurred to a former professional football player,…
Court Renders Helpful Decision on Random Drug and Alcohol Testing
In a helpful decision for employers, Amalgamated Transit Union, Local 113 v Toronto Transit Commission, the Ontario Superior Court recently denied an application by the Amalgamated Transit Union, Local 113 and others (Applicants) for an interlocutory injunction to restrain the implementation of the Toronto Transit Commission’s (TTC) random drug and alcohol testing, pending completion of…
Ontario Budget 2017
On April 27, 2017, the Ontario government tabled its 2017 Budget “A Stronger, Healthier Ontario” (Budget) and Bill 127, Stronger, Healthier Ontario Act (Budget Measures), 2017 (Budget Bill), omnibus legislation designed to implement some of the proposals contained in the Budget. In this FTR Now, we highlight key proposals that are of particular interest to…
Ontario Tables 2017 Budget
On April 27, 2017, the Ontario government tabled its 2017 Budget “A Stronger, Healthier Ontario.” We are in the process of reviewing the Budget, and an FTR Now highlighting measures of interest to employers, human resources professionals and pension plan administrators will be available on our website in the coming days. Editor’s Note: Bill 127, Stronger,…
The Truth Hurts: Employer Not Liable In Defamation For Bad Reference Because It Was True
The Ontario Superior Court has affirmed that employers are not liable for defamation when they provide candid and truthful references about former employees. In Papp v Stokes et al, 2017 ONSC 2357, the plaintiff, Adam Papp, worked as an economist for Stokes Economic Consulting for 2.5 years when his employment was terminated without cause in…
Ontario Announces Additional Funding to Reduce Class Sizes and to Support Students at Risk
The Ontario government has announced that nine central agreements have been reached between trustees’ associations and education workers’ unions and teachers’ federations. These agreements will be in force from September 1, 2017 to August 31, 2019. The government has also announced additional funding for the following: to hire approximately 875 teachers and 1600 education workers…
Expulsion of Partners: Ontario Court of Appeal Confirms Good Faith Requirement
In Tim Ludwig Professional Corporation v. BDO Canada LLP, the Ontario Court of Appeal recently upheld a lower court decision which awarded an expelled partner in excess of $1.3 million in damages for lost profits and benefits, and aggravated damages (see our Case in Point, Expelling a Partner: An Expensive Cautionary Tale for Partnerships). In…