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…
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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…
BC Court Denies Application to Stay a Class Action Appeal in Order to Avoid “Litigation in Slices”
In Facebook, Inc. v. Douez, the Supreme Court of British Columbia denied an application by the representative plaintiff (Ms. Douez) to stay an appeal by Facebook of a class action order with respect to liability. The Court noted that while there is a general aversion to “litigation in slices,” it may be appropriate to permit…
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,…
Ontario Arbitrator Finds National Day of Mourning Not a Holiday under Collective Agreements
An Ontario arbitrator has found that the “National Day of Mourning” on September 19, 2022 was not a “holiday” within the meaning of the collective agreements in issue as that day was not “proclaimed” to be a holiday by a legislative process. The Prime Minister declared September 19, 2022 to be a National Day of…
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…
Competition Bureau Seeks Feedback on Incoming Changes to Competition Act
The Competition Bureau Canada is inviting interested parties to provide comments on new guidelines to address wage-fixing and no-poaching agreements (Guidelines). The draft Guidelines describe the Bureau’s approach to enforcing recent amendments to the Competition Act which make wage-fixing and no-poaching agreements illegal and subject to significant criminal penalties in Canada. As we previously noted,…
Class Action Certified Against the MLTC Respecting COVID-19 Deaths/Illnesses in Long-Term Care Homes
In Robertson v. Ontario, Justice Belobaba of the Ontario Superior Court of Justice recently certified a class proceeding against the Ontario Minister of Long-Term Care (MLTC). The case relates to the deaths or serious illness due to COVID-19 of thousands of residents in provincially regulated long-term care (LTC) homes. Although the class proceeding was certified,…
Ontario Superior Court Confirms Presumptive Requirement for Statement of Defence Prior to Certification Motion
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…
Plaintiffs’ Motion to Discontinue Proposed Overtime Class Action Granted
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…