Ontario Modernizes Its Freedom of Information and Privacy Regime

Ontario has passed significant amendments to its freedom of information and privacy legislation, with important implications for public-sector institutions. This article outlines the key changes under Bill 97, what they may mean for public-sector employers and how organizations can begin preparing now.

Highlights from the Federal Government’s 2024 Fall Economic Statement

On December 16, 2024, the federal government issued its 2024 Fall Economic Statement. The Statement covers a wide array of initiatives including several proposals that, if they were to be implemented, will be of interest to employers, human resources professionals and pension plan administrators. Early Retirement Benefits in the Public Service The government has proposed…

Employee’s $76,000 Claim for Vested Stock Units Barred by Wrongful Dismissal Settlement and Release

Settlement agreements require careful attention to both present and future entitlements, as highlighted by the Ontario Court of Appeal’s recent decision in Preston v. Cervus Equipment Corporation. The Court held that the scope of an executed release, indemnity and minutes of settlement (the Settlement Documents) precluded an employee’s subsequent claim to vested stock units, despite…

Human Rights Tribunal Confirms Statutory Review of Benefit Decision Does Not Constitute New Act of Discrimination

In the recent decision Yu v. Workplace Safety and Insurance Board, the Human Rights Tribunal of Ontario (Tribunal) provided important clarification on the distinction between continuing discriminatory acts and the ongoing effects of past discrimination. The decision offers valuable guidance for employers and administrative bodies on when subsequent reviews of past decisions can constitute fresh…

Ontario Court Upholds Termination Clause Excluding Employee’s Common Law Entitlements, Ends Employee’s Lawsuit Against Former Employer

In the recent decision of Bertsch v. Datastealth Inc., the Ontario Superior Court of Justice upheld the enforceability of a termination clause in an employment agreement that limited the plaintiff’s entitlement to only the minimum standards under the Employment Standards Act, 2000 (ESA). The Court held the clause was valid and enforceable and consequently dismissed…

Request for Volunteer to Remove Rainbow Sticker from Name Badge Not Discriminatory, Says Human Rights Tribunal of Ontario

In an important decision for employers, the Human Rights Tribunal of Ontario (Tribunal) confirmed that distinction does not necessarily amount to discrimination. In Zanette v. Ottawa Chamber Music Society, the Tribunal held that the Ottawa Chamber Music Society’s request that a volunteer usher (Zanette) remove a rainbow sticker from his name badge did not constitute…

Employment Expenses: Updated Process and T2200 Form

The Canada Revenue Agency (CRA) has published revised guidance on the process for claiming home office expenses for the 2023 taxation year just in time for tax season. The CRA has confirmed that the two temporary methods for claiming deductions for home office expenses—form T2200S, “Declaration of Conditions of Employment for Working at Home Due…