In City of Toronto v. Josephs, the Divisional Court reviewed a recent decision of the Human Rights Tribunal of Ontario (Tribunal) and specifically addressed the question of a service provider’s liability for harassment issues arising between customers. In so doing, the Court has provided useful guidance for organizations that provide services to the public, and…
Industry: Arts & Sports
Supreme Court of Canada Finds Employers Have Duty to Accommodate Under Workers’ Compensation Legislation
The Supreme Court of Canada recently considered an employer’s duty to accommodate under Québec’s workers’ compensation legislation, the Act Respecting Industrial Accidents and Occupational Diseases (Act). In Quebec (Commission des normes, de l’équité, de la santé et de la sécurité du travail) v. Caron, the Commission de la santé et de la sécurité du travail…
Securities Act Amendments Allow Employees to Bring a Civil Action for Reprisal Against Whistleblowing
Recent amendments to the Ontario Securities Act (Act) now permit an employee to commence a civil action in court for reprisal against whistleblowing. Section 121.5 of the Act imposes new potential liability for employers. It states: 121.5 (1) No person or company, or person acting on behalf of a person or company, shall take a…
The Right to Be Forgotten Comes to Canada
On January 26, 2018, the Office of the Privacy Commissioner of Canada issued a new position on the protection of online reputation. In doing so the OPC recognized a right to have personal information de-indexed from search engine results if it is inaccurate, incomplete or out-of-date. Although the position is in draft, is nonetheless of…
Supreme Court of Canada Recognizes Reasonable Expectation of Privacy in Digital Communications
There has been significant discussion of the Supreme Court of Canada’s decisions in R v Jones and R v Marakah – cases in which the Court recognized a reasonable expectation of privacy in text messages that police obtained from others. In Jones, the police obtained messages from a telecom company and in Marakah the police…
Supporting Regulations to Bill 148 Now Available
On December 18, 2017, the Ontario government filed the following regulations in support of amendments made by Bill 148, Fair Workplaces, Betters Jobs Act, 2017, to the Employment Standards Act, 2000 (ESA) and the Labour Relations Act, 1995 (LRA): Regulations Made Under the ESA: 1. O. Reg. 526/17 amends O. Reg. 285/01 (Exemptions, Special Rules and…
Bill 177 Receives Royal Assent, Amends WSIA, OHSA, PBA and BPSECA
On December 14, 2017, Bill 177, Stronger, Fairer Ontario Act (Budget Measures), 2017, received Royal Assent. Bill 177 is omnibus legislation which amends several statutes, including the Workplace Safety and Insurance Act, 1997, the Occupational Health and Safety Act, the Pension Benefits Act and the Broader Public Sector Executive Compensation Act. Workplace Safety and Insurance…
Setting up Shop in Canada? What U.S. Employers Need to Know About Canadian Privacy Law
While Canada and the United States are alike in many respects, there are a few key differences in privacy law that U.S. organizations should be aware of if you are considering buying, selling or operating a business in Canada.
The (Funding) Future is Here: Ontario Releases Pension Funding Reform Details
On December 14, 2017, the Ontario government published the long-awaited details to support the proposed reforms to funding rules for Ontario pension plans. The proposed regulations describe the amendments to the Pension Benefits Act Regulations that will, among other things: Alter solvency funding obligations, by reducing the solvency deficiency required to be funded (such that…
Provincial Cannabis Act, Smoke-Free Ontario Act, 2017 Receives Royal Assent
On December 12, 2017, Bill 174, Cannabis, Smoke-Free Ontario and Road Safety Statute Law Amendment Act, 2017 received Royal Assent. As we previously reported, Bill 174 is omnibus legislation enacting the Cannabis Act, 2017 and the Ontario Cannabis Retail Corporation Act, 2017 which will regulate the cultivation, sale, distribution and consumption of cannabis in Ontario. It also…