WSIB to Redistribute $2 Billion to Ontario Employers

The Ontario government and the Workplace Safety and Insurance Board (WSIB) have announced that eligible Schedule 1 employers will receive a credit to their WSIB accounts in February 2025. The WSIB has noted that strong financial and operational factors have led to a surplus beyond the WSIB reserve factor, triggering a payout of the surplus…

Employee’s $76,000 Claim for Vested Stock Units Barred by Wrongful Dismissal Settlement and Release

Settlement agreements require careful attention to both present and future entitlements, as highlighted by the Ontario Court of Appeal’s recent decision in Preston v. Cervus Equipment Corporation. The Court held that the scope of an executed release, indemnity and minutes of settlement (the Settlement Documents) precluded an employee’s subsequent claim to vested stock units, despite…

CCES Releases Draft Canadian Safe Sport Program Rules for Feedback

This fifth installment of the Safe Sport series addresses a first draft of the Canadian Safe Sport Program Rules (CSSP) which has been published for consultation and feedback. This is an important document for the future of safe sport in Canada. As the Canadian Centre for Ethics in Sport (CCES) begins its transition to administer…

Ontario’s Working for Workers Five Act, 2024 Receives Royal Assent

On October 28, 2024, Ontario’s Working for Workers Five Act, 2024 (Bill 190) received Royal Assent. Bill 190 amends several statutes including the Employment Standards Act, 2000, the Occupational Health and Safety Act and the Workplace Safety and Insurance Act, 1997. In this FTR Now, we review key amendments of particular interest to employers.

Ontario Court Upholds Termination Clause Excluding Employee’s Common Law Entitlements, Ends Employee’s Lawsuit Against Former Employer

In the recent decision of Bertsch v. Datastealth Inc., the Ontario Superior Court of Justice upheld the enforceability of a termination clause in an employment agreement that limited the plaintiff’s entitlement to only the minimum standards under the Employment Standards Act, 2000 (ESA). The Court held the clause was valid and enforceable and consequently dismissed…

Request for Volunteer to Remove Rainbow Sticker from Name Badge Not Discriminatory, Says Human Rights Tribunal of Ontario

In an important decision for employers, the Human Rights Tribunal of Ontario (Tribunal) confirmed that distinction does not necessarily amount to discrimination. In Zanette v. Ottawa Chamber Music Society, the Tribunal held that the Ottawa Chamber Music Society’s request that a volunteer usher (Zanette) remove a rainbow sticker from his name badge did not constitute…

Reminder to Employers: Ontario to Increase Minimum Wage Effective October 1, 2024

A reminder to employers that the Ontario government will increase the general minimum wage to $17.20 an hour (from $16.55 an hour) effective October 1, 2024. This minimum wage applies to most employees. The minimum wage for the following groups also increases on October 1, 2024: If you have any questions about your obligations in connection…

Comedy and Satire: Human Rights Considerations in the Writing Room

While all companies have an obligation to prevent against workplace harassment and discrimination, those in the entertainment industry face a particular challenge. In some cases, the nature of the conversations and circumstances that workers may be engaged in could, in other work environments, be considered offensive or objectionable. As the cases discussed below illustrate, the…

SDRCC Rules That Maltreatment and Abuse Warrant Lifetime Ban On Working With Athletes

Addressing complaints of the maltreatment and abuse of athletes continues to be a developing and hot-button issue in Canadian law. The Sport Dispute Resolution Centre of Canada (SDRCC) recently released its June 27, 2024 decision in Elvira Saadi v Gymnastics Canada (GymCan), which upheld the original decision of a disciplinary panel of Gymnastics Canada (GymCan)…