Majority of Ontario Appellate Court Finds Bill 124 Unconstitutional

On February 12, 2024 the Court of Appeal for Ontario issued its decision in Ontario English Catholic Teachers Association v. Ontario (Attorney General). A majority of the Court of Appeal upheld a lower court decision and found the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (commonly referred to as Bill 124) to…

Federal Court Approves $817 Million Settlement in Disability Class Action

Class action proceedings often end in negotiated settlements. Those settlements (which must be approved by a court) can be significant in monetary terms. In Manuge v. Canada, the Federal Court recently approved the settlement of a class action arising from the alleged miscalculation and underpayment of disability pension benefits for members and veterans of the…

Ontario Launching New Long-Term Care Home Investigations Unit

The Ontario government recently announced a new 10-person investigations unit to investigate allegations of provincial offences under the Fixing Long-Term Care Act, 2021 (FLTCA). The allegations the investigation unit is tasked with investigating include: The work of the investigations unit is distinct from the work of inspectors under the FLTCA. The investigations unit is tasked…

IPC Power to Determine Administrative Monetary Penalties Takes Effect

On January 1, 2024, changes to the General Regulation made under the Personal Health Information Protection Act (PHIPA) took effect (see O. Reg. 343/23). The changes stipulate how the Information and Privacy Commissioner of Ontario (IPC) determines the amount of administrative monetary penalties (AMPs) issued as part of its enforcement powers for violations of PHIPA….

Looking Ahead to 2024: A Newsletter for Social Services Employers

Dear Friends, As we welcome 2024, we are back with another edition of Reaching Out. Over the last year, we have seen our social services clients continue to deal with budget challenges and labour shortages. Many are providing permanent and/or hybrid remote work arrangements, where possible, to attract and retain employees. Accordingly, we provide a…

2023 in Review – Key Legislative Updates

Last week we published “The Year in Review – 2023 Cases of Note.” This week we are back with our review of notable legislative updates from 2023 that we believe will be of interest to employers, human resources professionals and pension plan administrators. We also identify some legislation to watch for in 2024. Ontario Employment…

The Year in Review – 2023 Cases of Note

We are back with our annual review of the prior year’s notable cases that we believe will be of interest to employers and human resources professionals. We also identify some cases to watch for in 2024. Next week, we will bring you our review of notable 2023 legislative updates. Cases of Note Employment Termination of…

Raising the Bar – Year-End Edition

As we welcome the holidays, we thought it would be a perfect time to share our latest edition of Raising the Bar. We hope you enjoy it and have some well-deserved time off over the holiday break. In this issue, we review i) the threshold Ontario courts expect employers to meet in justifying terminations for…

Ontario Seeking Input on Regulations Related to Personal Support Workers

The Ontario government is inviting comments on a proposed regulatory framework to be made under the Health and Supportive Care Providers Oversight Authority Act, 2021 (HSCPOA Act) and proposed amendments to a regulation made under the Fixing Long-Term Care Act, 2021 (FLTC Act). Comments on these proposals are due by January 15, 2024. Proposed Regulatory…