Bill 166, Strengthening Accountability and Student Supports Act, 2024 (Bill 166) was tabled by the Ontario Minister of Colleges and Universities (Minister) on February 26, 2024. If passed, Bill 166 will require every college of applied arts and technology (College) and publicly assisted university (University) to have a student mental health policy and a policy…
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Ontario Court Finds Failure to Accept Comparable Position Constitutes Complete Failure to Mitigate
In Gannon v. Kinsdale Carriers, the Ontario Superior Court recently considered what constitutes “comparable employment” for the purpose of mitigation of reasonable notice damages. The plaintiff was employed by the defendant, a federally regulated trucking company, for 23 years. At the time of her termination from employment, the plaintiff held a role that included accounts…
Proposed Regulatory Amendments to Teacher Assignment and Proficiency in Mathematics
The Ontario government recently posted two regulatory amendments related to teacher assignments and proficiency in mathematics for comment. The first is the Proposed Regulatory Amendments to Teacher Assignments. Regulation 298 made under the Education Act mandates that principals must assign their teachers to the best possible program, in accordance with the teacher’s qualifications or as…
Ontario Repeals Bill 124
On February 23, 2024, the Ontario government repealed Bill 124, Protecting a Sustainable Public Sector for Future Generations Act, 2019 (Act) in its entirety through an Order in Council, as was permitted by the Act. For more on the Act and the government’s prior announcement to repeal it, please see our FTR Now Ontario Court…
Human Rights Tribunal of Ontario Awards Applicant $180,000 as Compensation for Injury to Dignity, Feelings and Self-Respect
In the recent decision of L.N. v. Ray Daniel Salon & Spa, the Human Rights Tribunal of Ontario (Tribunal) awarded an applicant $180,000 in damages for injury to dignity, feelings and self-respect. In this case, the applicant was a recently arrived refugee to Canada. She had not yet received her work permit when she started…
Employment Termination Clauses Under Scrutiny – The Latest Update
In Dufault v. The Corporation of the Township of Ignace, the Ontario Superior Court of Justice found the termination provisions of a fixed-term employment contract did not comply with the Employment Standards Act, 2000 (ESA) because, among other things, it permitted the employer to terminate the employee’s employment without cause in the employer’s “sole discretion”…
Federal Government Issues Guidelines on Monetary Penalties Under the Employment Equity Act
On February 13, 2024, Employment and Social Development Canada issued updated guidelines on the Employment Equity Act – Monetary Penalties – IPG-121 (Guidelines). The Guidelines apply to employers subject to the Legislated Employment Equity Program (LEEP) under the Employment Equity Act (Act). The LEEP applies to: The LEEP employers have reporting obligations under the Act….
Employment Expenses: Updated Process and T2200 Form
The Canada Revenue Agency (CRA) has published revised guidance on the process for claiming home office expenses for the 2023 taxation year just in time for tax season. The CRA has confirmed that the two temporary methods for claiming deductions for home office expenses—form T2200S, “Declaration of Conditions of Employment for Working at Home Due…
Ontario Superior Court Reins In Proposed Discovery Plan and Common Issues
In Curtis v. Medcan Health Management Inc., Justice Perell of the Ontario Superior Court reined in the scope of the plaintiffs’ proposed discovery plan and constrained the scope of the certified common issues in an ongoing employment class action. This class action relates to an allegation of unpaid vacation and public holiday pay. As we…
Ontario Court of Appeal Upholds in Part Lower Court Finding That Bill 124 Is Unconstitutional; Bill to Be Repealed
On February 12, 2024, the Ontario Court of Appeal rendered its much-anticipated decision in Ontario English Catholic Teachers Association v. Ontario (Attorney General). A majority of the Court upheld in part the decision of the Ontario Superior Court of Justice (ONSC) which found that Bill 124, the Protecting a Sustainable Public Sector for Future Generations…