Key Legal Issues on “Safe Sport” in Canada: Latest Developments on Policy and the Law

Executive Summary Creating and protecting a respectful sport culture is an important priority for governments and public policy-makers in Canada and, increasingly, it is an important legal issue for employers and organizations in the sector as well. A review of any number of recent news articles makes this point clear. This year, the federal government…

New Federal Online Harms Bill: Possible Implications for Federal Employers

The federal government tabled Bill C-63, the Online Harms Act (Bill C-63) on February 26, 2024. Bill C-63 aims to curb online harms, especially to children, by targeting the spread of harmful content on social media. If passed, key features would include the establishment of the Digital Safety Commission of Canada, the introduction of an…

Supreme Court of Canada Finds Individuals Have a Privacy Interest in Their IP Addresses

In R. v. Bykovets, released on March 1, 2024, the majority of the Supreme Court of Canada (Court) found that individuals have a privacy interest in their internet protocol (IP) addresses. The issue arose in the context of the Court’s consideration as to whether police had breached section 8 of the Canadian Charter of Rights…

WSIB Revises Mental Stress Policies to Clarify Role of Witnesses

The Workplace Safety and Insurance Board (WSIB) has announced that minor revisions to the Operational Policy Manual documents 15-03-02, Traumatic Mental Stress and 15-03-14, Chronic Mental Stress are in effect as of March 1, 2024. As stated by the WSIB, the revisions are intended “to clarify the role of witness evidence in the adjudication of…

Ontario Tables Bill Introducing Policy Requirements for Colleges and Universities

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…

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…