In Croke v VuPoint Systems Ltd., the Ontario Superior Court of Justice recently found that an employee’s failure to comply with his employer’s vaccination requirements amounted to a frustration of contract, disentitling the employee to wrongful dismissal damages at common law. The employer, VuPoint, provided installation services for Bell Canada. The employee exclusively worked for Bell,…
Business Operation: Ontario
Ontario Expanding Presumptive Cancer Coverage for Firefighters to include Thyroid and Pancreatic Cancers
The Ontario government has announced it will be introducing regulatory amendments to expand the presumptive cancer coverage for firefighters to include thyroid and pancreatic cancers. This expanded coverage will be retroactive to January 1, 1960 and will be applicable to full-time, volunteer and part-time firefighters, firefighters employed by First Nations band councils, and fire investigators….
Ontario Court Approves Settlement Amount in Employee Misclassification Class Action
In Phillip v Deloitte Management Services LLP et al, the Ontario Superior Court recently approved a $2.4 million dollar settlement in a class action alleging employee misclassification and breaches of the Employment Standards Act, 2000 (ESA). The class action commenced nearly 8 years ago and involved approximately 500 individuals who provided document review and e-discovery…
Ontario Tables Bill to Create Integrated Community Health Services Centres, and More
On February 21, 2023, the Ontario government tabled Bill 60, Your Health Act, 2023 for First Reading. The government states that the objective of the Bill is to reduce wait times for surgeries, procedures and diagnostic imaging ‘while enabling its new “As of Right” rules to automatically recognize the credentials of health care workers registered in other provinces and territories.’ If passed, Bill 60 would enact the Integrated Community Health Services Centres Act, 2023 (Proposed Act) which would create integrated community health services centres, among other things.
Court Finds Employer Had Cause to Dismiss Employee After He Deleted Employer Website
In Park v Costco Wholesale Canada Ltd., the Ontario Superior Court held a former employee (Mr. Park) had engaged in wilful misconduct that was incompatible with the fundamental terms of his employment relationship with his employer, Costco, and that Costco was therefore justified in terminating his employment for cause. The employee had worked for Costco…
WSIB Publishes Draft Communicable Illnesses Policy for Consultation
The Workplace Safety and Insurance Board (WSIB) has published a Draft Communicable Illnesses Policy (Draft Policy) for consultation. As stated by the WSIB, the WSIB has adjudicated tens of thousands of COVID-19 claims since the onset of the pandemic. Drawing from its history of adjudicating communicable diseases and the recent COVID-19 claims’ experience, the WSIB…
Ontario Proposes Amendments to Long-Term Care Sector Regulations
Ontario’s Ministry of Long-Term Care has tabled a proposal to amend Regulation 246/22 made under the Fixing Long-Term Care Act, 2021. The proposed amendments focus on changes to staffing qualifications, medication management and drug administration and overall resident experience. Regulation 246/22 prescribes residents’ rights, plans of care, nursing and personal support services, nutritional care, medical…
Divisional Court Confirms Non-Construction Employer Provisions in Labour Relations Act Do Not Infringe Charter Rights
In Carpenters’ District Council of Ontario v. City of Hamilton, the Divisional Court dismissed an application for judicial review of an Ontario Labour Relations Board (Board) decision in which the union challenged the amendments to the non-construction employer (NCE) provisions in the Labour Relations Act (LRA). Specifically, the union challenged the constitutionality of Bill 66,…
Appellate Court Denies Certification of Class Actions Claiming Intrusion Upon Seclusion
In Broutzas v. Rouge Valley Health System, the Ontario Divisional Court dismissed an appeal from a motion decision that had denied certification in two class proceedings, which were focused on the tort of intrusion upon seclusion. Background The appellants gave birth at certain hospitals between 2009 and 2014 and their hospital records were improperly accessed…
Ontario Human Rights Commission Strategic Plan and the Right to Read
On January 17, 2023, the Ontario Human Rights Commission (OHRC) released a new strategic plan for 2023 to 2025, entitled Human Rights First: A plan for belonging in Ontario. It centres around five priorities which include Indigenous reconciliation, the criminal justice system and the education system. In this School Board Update, we focus on the OHRC’s priorities with respect to the education system.