Ontario Government Provides Temporary Relief from ESA Termination and Severance Provisions in Response to COVID-19

On Friday, May 29, 2020, the Ontario government published a new regulation under the Employment Standards Act, 2000 (ESA) that is intended to provide temporary relief from the ESA’s termination and severance provisions for employers whose operations have been shut down or otherwise curtailed by COVID-19 – O. Reg. 228/20, Infectious Disease Emergency Leave (IDEL Regulation).

Appellate Court Strikes Pleading for Failure to Comply with Production Obligations

The Ontario Court of Appeal has upheld the decision of a motion judge to strike out a statement of defence as a remedy for repeated failures to comply with judicial orders to produce requested relevant documents. In Falcon Lumber Limited v. 2480375 Ontario Inc. (GN Mouldings and Doors), the Court articulates the core principles and…

Ontario Extends Emergency Orders to June 9, 2020

On May 26, 2020 the Ontario government extended most of the emergency orders currently in force under the Emergency Management and Civil Protection Act to June 9, 2020 (O. Reg. 226/20). Some of the emergency orders in place include the closure of non-essential businesses, restrictions on social gatherings of more than five people, and rules…

Ontario Proposes Regulations on Interoperability Specifications that Pertain to Digital Health Assets Selected, Developed or Used by Health Information Custodians under PHIPA

On May 22, 2020, Ontario’s Minister of Health (MOH) issued a notice of proposed regulation pertaining to interoperability specifications for digital health assets under the Personal Health Information Protection Act, 2004 (PHIPA). Under the proposed regulation, a “digital health asset” (DHA) means a product or service that uses electronic means to collect, use, modify, disclose,…

Easing of Ontario Restrictions Continues

On May 19, 2020, the Ontario government filed five Orders under the Emergency Management and Civil Protection Act (EMPCA) which extend the existing Orders and which amend some Orders to further ease the provincial restrictions in place as a result of the COVID-19 declared emergency.

Ensuring a Successful Return to Work in a COVID-19 World

As governments start lifting orders and directives made under the Emergency Management and Civil Protection Act (or similar legislation in other jurisdictions), it is understandable that employers and employees alike are anxious to return to their ‘pre-COVID-19 normal’. However, in order to ensure a successful return to work during the largest pandemic in modern history, it is crucial that employers turn their minds to the unique labour and employment issues created by COVID-19 and reopen with a solid return to work plan in place.