Appellate Court Overturns WSIAT Decision That Held Constructive Dismissal Claim Barred by WSIA

In Morningstar v. WSIAT (Morningstar), the Divisional Court partially overturned a decision of the Workplace Safety and Insurance Appeals Tribunal (WSIAT) that had barred a constructive dismissal claim which was based on alleged workplace harassment from proceeding in Superior Court. The WSIAT had found that the claim fell within the entitlement for chronic mental stress…

Ontario Requires Proof of Vaccination in Certain Settings, and More

On September 1, 2021, the Ontario government announced that it will require individuals to provide proof of vaccination in order to access designated public settings, beginning on September 22, 2021. Regulatory amendments have also been filed regarding the paid Infectious Disease Emergency Leave (IDEL) and the indoor instructional space at post-secondary institutions requirements in the…

Employers Now Required to Follow Advice of Chief Medical Officer of Health on Vaccination Policies

On August 24, 2021, the Ontario government filed a regulation (O. Reg. 577/21) amending the Rules for Areas at Step 3 and at the Roadmap Exit Step with respect to the establishment and implementation of vaccination policies by businesses or organizations. Specifically, O. Reg. 577/21 requires businesses or organizations to operate in compliance with “any…

Ontario to Implement Mandatory Vaccination Policies for Hospitals, Schools, Post-Secondary Institutions, and More

On August 17, 2021, the Ontario government announced that it is making COVID-19 vaccination policies mandatory for certain high-risk settings, which include hospitals, schools and post-secondary institutions, among others. The government also announced: it is pausing the exit from Step 3 into the Roadmap Exit Step, in light of concerns regarding the transmission of COVID-19…

Ontario Moves to Step 3 of Reopening Plan

Effective July 16, 2021, all public health units in Ontario will be permitted to move to Step 3 of the province’s Roadmap to Reopen. This move comes ahead of schedule and is the result of improvements to key health indicators including decreasing COVID-19 case rates and high rates of vaccination. Once this occurs, all public…

Divisional Court Finds “Permanent Residence” Not a Protected Ground under Ontario Human Rights Code

In the recently released decision of Imperial Oil Limited v. Haseeb, a majority of the Divisional Court (Court) quashed a decision of the Human Rights Tribunal of Ontario (Tribunal) which treated “permanent residence” as intrinsically included in the protected ground of “citizenship.” The majority held that such an expansion to the ground of “citizenship” was…

Extension of the Canada Emergency Wage Subsidy and Introduction of the Canada Recovery Hiring Program – A Summer Refresher

On June 29, 2021, Bill C-30, Budget Implementation Act, 2021, No. 1 (Bill C-30) received Royal Assent, giving effect to many of the initiatives found in the federal government’s 2021 Budget (see our FTR Now of April 23, 2021). Bill C-30 sets out the proposed amendments to the Income Tax Act (ITA) supporting the extension…

Important Updates Regarding the Federal Pay Equity Act, the Canada Labour Code and CLC Regulations

In this Federal Post, we cover recent developments with respect to the federal Pay Equity Act, amendments to the Canada Labour Code (CLC) and highlight the proposed amendments to the CLC Regulations that are currently open for public consultation. Federal Pay Equity Act In Force on August 31, 2021 By: Lucy Wu The federal Pay…