Employers and human resource professionals will undoubtedly remember 2022 as another year shaped by the pandemic.
But…there were also legal developments in 2022 that were not related to COVID-19. In this FTR Now, we look at some of the past year’s notable “non-pandemic” cases and legislative developments.
In Richard v. The Attorney General of Canada, the Ontario Superior Court recently confirmed that a defendant in an Ontario class proceeding is required to file a Statement of Defence pre-certification and in accordance with the Rules of Civil Procedure, absent special circumstances justifying a deferral. The proposed class proceeding in this case centered on…
This post relates to an important procedural aspect of the class proceedings regime. In Somani v. International Financial Group Ltd., the Ontario Superior Court of Justice granted the plaintiffs’ motion to discontinue a proposed class action related to allegedly unpaid overtime, vacation, public holiday and premium pay. After commencing the claim, issues arose with the…
The amendments Bill 88, Working for Workers Act, 2022 made to the Occupational Health & Safety Act, which require certain employers to have a naloxone kit in the workplace, have been proclaimed into force effective June 1, 2023. As a result, starting on June 1, 2023, employers who become aware or ought reasonably to be…
On December 8, 2022, the Ontario government announced that it is launching consultations for the 2023 Budget. The announcement states that the government is “seeking ideas from workers, families, business owners and communities on what they need and what they want to see in the 2023 Budget.” In-person consultations will be held across the province…
In a trio of cases, the Ontario Court of Appeal recently held that a claim for the tort of intrusion upon seclusion does not apply to companies who store personal information for commercial use (the “Database Defendants”) when those databases are hacked by third parties. Background In June 2022, the Court of Appeal heard three…
In this Human Resources Legislative Update, we provide a brief summary of two recent legislative developments–the introduction of Bill 39, Better Municipal Governance Act, 2022, as well as Strong Mayors, Building Homes Act, 2022 regulations–that build on the Ontario government’s stated initiative to extend strong mayor powers and deliver on shared provincial-municipal priorities. Bill 39,…
On November 14, 2022, the Ontario government released the 2022 Ontario Economic Outlook and Fiscal Review – Ontario’s Plan to Build: A Progress Update. Included in the plan is, as previously announced in the 2022 Budget, the government’s commitment to consult with stakeholders on proposed regulations necessary for implementing a permanent target benefit framework in…
On September 22, 2022, the Ontario Divisional Court (Court) released Empower Simcoe v. JL, in which the Court set aside decisions of the Human Rights Tribunal of Ontario (Tribunal). The Court held that Empower Simcoe’s COVID-19 visitor policy (Policy), which temporarily limited visits to essential personnel and was later updated to allow outdoor family visits…
Effective October 14, 2022, Ontario has made a number of changes to COVID-19 requirements in long-term care homes (LTC Homes), as set out in the document titled “COVID-19 guidance document for long-term care homes in Ontario.” Active screening for COVID-19 is no longer required when visitors and caregivers are entering a facility (although it remains…
