On March 22, 2017, the federal government tabled its 2017 Budget, Building A Strong Middle Class (#Budget2017)…
Industry: Construction
Appellate Court Finds Labour Arbitrator has Jurisdiction in EI Premium Reduction Case
In a recent decision, the Ontario Court of Appeal underscored the importance of judicial deference to the arbitration and grievance process…
Appellate Court Finds Termination Clause Unenforceable for Breach of ESA
The recent dismissal by the Supreme Court of Canada of an employee’s leave to appeal an appellate decision which upheld the enforceability of a minimum standards-only termination clause was good news for employers…
Is a Pier a Road for the Purpose of Overtime Pay Entitlement?
As any employer will know, the overtime rules in the Ontario Employment Standards Act, 2000 (ESA) contain a myriad of exclusions that are difficult to interpret at the best of times. However, emerging case law provides new guidance…
Regulation Classifying Employers Under WSIA Amended
On December 16, 2016, the Ontario government filed O. Reg. 470/16, amending O. Reg. 175/98 “General” made under the Workplace Safety and Insurance Act, 1997 (Act)…
Accommodation Training Workshop
A one-day interactive training workshop on managing accommodation issues in the workplace (registration fee – $780.00 plus $101.40 HST (13%), totalling $881.40 per person).
Default Judgment Giving Rise to New Tort of “Public Disclosure of Embarrassing Private Facts” Set Aside
Early in 2016, we reported on a case in which the Ontario Superior Court articulated a new private tort: “public disclosure of embarrassing private facts.” The plaintiff in that case had been coaxed by a former boyfriend (the defendant) to send him a sexually explicit video of herself. Despite promising the plaintiff confidentiality, the defendant…
Clarifying Pension Portability in Ontario for Retired Members
With the publication of draft regulations to support recent amendments to the Pension Benefits Act (PBA), the PBA will soon expressly permit…
Mariana Kamenetsky
Mariana provides advice to federally and provincially regulated employers on all aspects of workers’ compensation claims and appeals, such as initial entitlement, accommodation and related human rights and arbitration proceedings.
OLRB Considers Employer’s Obligation to Pay for Commuting Time of Employee Using Company Vehicle
When employees are provided with company vehicles to take home at the end of the work day, does the employer have to pay for their commuting time directly to and from a job site?