OMERS Announces Significant Plan Amendments, Including Amendments to Support Members Affected by COVID-19

Participating employers in the Ontario Municipal Employees Retirement System (OMERS) should be aware of five amendments to the OMERS Primary Pension Plan (Primary Plan) approved by the OMERS Sponsors Corporation Board (SC Board) on June 24, 2020. The changes will be of interest to employers in the municipal and school board sectors with employees who participate in OMERS and include several amendments to address COVID-19-related issues. In addition, two non-COVID-19-related amendments were adopted, including a major change to eligibility for non-full-time employees.

Supreme Court of Canada Dismisses Uber Appeal – Proposed Class Action Can Now Proceed in Ontario Courts

On June 26, 2020, the Supreme Court of Canada released Uber Technologies Inc. v. Heller and dismissed an appeal of the Ontario Court of Appeal’s decision which held that the arbitration clause in Uber’s standard form services agreement (Agreement) was invalid both because it was unconscionable and because it contracted out of mandatory provisions of the Employment Standards Act, 2000 (ESA). We previously reported on the Court of Appeal decision.

Federal Updates: Extension for Temporary Layoffs, Workplace Harassment and Violence Regime in Force on January 1, 2021

In the last week, the federal government announced two significant developments which will impact federal workplaces. First, it has made changes to the Canada Labour Standards Regulations to extend the period for recalling employees placed on temporary layoff because of COVID-19…

Toronto and Peel Region Moving to Stage 2 of Re-Openings

The Ontario government has announced that the City of Toronto and Peel Region will move to Stage 2 of re-openings on June 24, 2020 at 12:01 a.m. For a summary of the conditions and restrictions on businesses re-opening, see our Human Resources Legislative Update post of June 9, 2020, Ontario Announces Stage 2 Regional Reopening….

The Latest Updates for School Boards Before the Summer

As the 2019 – 2020 school year draws to a close, it would be an understatement to say that the year did not go as expected. From the hurried transition to online learning to the ongoing adjustment to the “new normal” of synchronous learning, we know that our clients have successfully navigated unprecedented and difficult challenges – and that there will be more to come.

Federal Government Introduces Changes to the Canada Emergency Wage Subsidy

On June 10, 2020, the federal government introduced Bill C-17, An Act respecting additional COVID-19 measures (Bill C-17). Among other changes, if passed in its current form, Bill C-17 would amend the Income Tax Act to revise the eligibility criteria for the Canada Emergency Wage Subsidy (CEWS).

Appellate Court Holds Termination Clauses Must Be Read Together – If One Contravenes the ESA, All Are Unenforceable

In Waksdale v Swegon North America, the Ontario Court of Appeal ruled that the “without cause” and “with cause” termination clauses in an employment contract must be read together: if one is not compliant with the Employment Standards Act, 2000 (ESA), both are unenforceable. The plaintiff employee sued the defendant employer for damages for wrongful…

Reopening of Postsecondary Education in Ontario

In a series of announcements and regulatory changes from last week, the Ontario government provided guidance on the reopening of postsecondary education in the province. The developments reviewed in this FTR Now apply to universities, colleges of applied arts and technology, private career colleges and other postsecondary institutions.