Danika L. Winkel

Danika represents a broad range of public- and private-sector employers—both small and large—in trials, hearings, motions, applications, judicial reviews and appeals. In addition to that work, she provides proactive, day-to-day advice to help employers avoid litigation.

Ontario Introduces Temporary Funding Relief for Defined Benefit Pension Plans

Sponsors of defined benefit (DB) pension plans registered in Ontario have been given significant temporary contribution relief as part of the Ontario government’s response to the COVID-19 pandemic. On September 21, 2020, Ontario Regulation 520/20 (Regulation) was filed. The Regulation amends Regulation 909 made under the Ontario Pension Benefits Act (PBA) to permit temporary contribution deferral for certain eligible DB pension plans, and extend the time over which catch-up contributions following the filing of a new valuation report must be made.

Ontario Government Announces Extension of Temporary Relief from ESA Termination and Severance Provisions

On Thursday, September 3, 2020, the Ontario government announced that it would be extending the temporary relief measures from the termination and severance provisions of the Employment Standards Act, 2000 (ESA) until January 2, 2021. The temporary measures are found in Ontario Regulation 228/20, Infectious Disease Emergency Leave (IDEL Regulation), and had been set to expire today (September 4, 2020). The IDEL Regulation has been amended to define the “COVID-19 period” as that period beginning on March 1, 2020 and ending on January 2, 2021

Julia N. Ferreira

Julia provides advice and representation to employers and management in both the private and public sectors on a wide range of labour, employment and human rights issues.

Details of Extensive Changes to Employment Insurance and Canada Emergency Response Benefit Announced

In the latest evolution of the federal government’s response to the ongoing global COVID-19 pandemic, on August 19, 2020, amendments to the Employment Insurance Act (EI Act) were published and, on August 20, 2020, the government announced new measures to support affected Canadians who continue to be unable to work due to COVID-19.

Ontario Extends Orders Relating to COVID-19

On August 20, 2020, the Ontario government announced that most orders made as a result of COVID-19 are extended to September 22, 2020 (subject to exceptions below). These orders were initially made under the Emergency Management and Civil Protection Act and, with the end of the declared emergency on July 24, 2020, were extended under…

Arbitrator Provides Guidance for Employers Managing Commute to Work Accommodation Requests, Self-Reported Medical Restrictions, and Surveillance Evidence

In Toronto District School Board v Local 4400, Canadian Union of Public Employees, Arbitrator Stout dismissed an allegation of disability-related discrimination and failure to accommodate in the context of a commute to work. The case elaborates on the reasoning of Arbitrator Nyman in Ontario Secondary School Teachers’ Federation and Toronto District School Board, Grievance #…

Ontario (Again) Updates Its COVID-19 Self-Assessment

Ontario employers who are planning for an eventual return to work have been keeping a close eye on the province’s COVID-19 Self-Assessment Tool (Tool). The Tool directs Ontarians to self-isolate in certain circumstances. This is important because it relates to employers’ Occupational Health and Safety Act duties and their duty to provide statutorily-protected leaves under the Employment Standards Act, 2000.