In McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), the Ontario Court of Appeal upheld a lower court decision awarding the respondent over $1.27 million in damages for constructive dismissal. Background The respondent had sold his family’s funeral business to the appellant employer and entered into a 10-year transitional consulting services agreement (TCSA) in 2012….
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Supreme Court of Canada Considers Duty of Good Faith Performance of Contracts
In one of its final decisions of 2020, C.M. Callow Inc. v. Zollinger, the Supreme Court of Canada held that parties to any and all contracts (which would include employment contracts) cannot lie or otherwise knowingly deceive each other about matters directly linked to the performance of the contract. This type of deceptive conduct is…
Beyond COVID-19: 2020 Year in Review – Cases and Legislation of Note
Employers and human resource professionals will undoubtedly remember 2020 as the “year of the pandemic.” But … there were also legal developments in 2020 that were not related to COVID-19. In this FTR Now, we look at some of the year’s notable “non-pandemic” cases and legislative developments of interest. We also identify some decisions and…
Temporary Relief from ESA Termination and Severance Pay Obligations for Hospitality and Related Industries
On December 17, 2020, the Ontario government filed a new regulation under the Employment Standards Act, 2000 (ESA), Ontario Regulation 764/20: Terms And Conditions Of Employment In Defined Industries – Hospitality, Tourism And Convention And Trade Show Industries (Regulation). As stated by the government, the Regulation provides certain employers with an alternative to putting termination…
Ontario Government Announces Extension of Temporary Relief from ESA Termination and Severance Provisions
Effective December 17, 2020, the Ontario government has extended the temporary relief measures from the termination and severance provisions of the Employment Standards Act, 2000 (ESA) until July 3, 2021. The temporary measures are found in Ontario Regulation 228/20, Infectious Disease Emergency Leave (IDEL Regulation), and had been set to expire January 2, 2021. The…
Fall Economic Statement Announces Proposals Related to Employee Stock Options and Home Office Expense Deductions
On November 30, 2020, the Department of Finance released Supporting Canadians and Fighting COVID-19: Fall Economic Statement 2020 (Fall Economic Statement). In this FTR Now, we focus on two key proposals contained in the Fall Economic Statement that will be of interest to employers and human resources professionals: (i) proposed amendments to the employee stock…
New Administrative Monetary Penalties under Canada Labour Code Coming into Force on January 1, 2021
On January 1, 2021, the new Part IV “Administrative Monetary Penalties” of the Canada Labour Code (Code) will come into force together with other amendments to the Code. Part IV Administrative Monetary Penalties Part IV was enacted by Bill C-44, Budget Implementation Act, 2017, No. 1. Among other things, Part IV: establishes a penalty system…
Ontario Seeking Input on Temporary Help Agency Consultations
The Ontario government is seeking input from interested parties on a broad range of questions relating to temporary agencies and their obligations under the Employment Standards Code, 2000 (ESA). In this regard, it has posted Temporary Help Agency Consultations. The consultations focus on the non-compliance of those temporary help agencies that operate “underground”, putting “law-abiding…
Federal Government Publishes Guideline on Incoming Work Place Harassment and Violence Prevention Obligations
On November 30, 2020, the federal government published Work Place Harassment and Violence Prevention (HVP), an Interpretations, Policy, Guidelines document (IPG Document) to address some questions relating to the incoming harassment and violence provisions of the Canada Labour Code (Code) and its supporting Regulation, which are set to come into force on January 1, 2021….
Cuing Up CEWS Through June 2021: Details Confirmed Through March 13, 2021
The Canadian government has announced the details of the extension of the Canada Emergency Wage Subsidy (CEWS) program into June 2021. CEWS was established in March 2020 to support employers, and their employees, during the COVID-19 pandemic by providing a subsidy with respect to eligible remuneration paid by eligible employers who have experienced reduced revenues…