Check-in on the Impact of COVID-19 on Wrongful Dismissal Litigation

The COVID-19 pandemic has had a broad-ranging impact on employment law since March 2020. Now that we are 18 months into the pandemic, employers may find it helpful to have a check-in on how Canadian courts have, to date, considered the impact of the pandemic on wrongful dismissal claims arising from layoffs and terminations during…

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

Effective September 16, 2021, the Ontario government has extended the temporary relief measures from the termination and severance provisions of the Employment Standards Act, 2000 (ESA) until January 1, 2022. The temporary measures are found in Ontario Regulation 228/20, Infectious Disease Emergency Leave (IDEL Regulation), which has been amended to define the “COVID-19 period” as…

Victoria McCorkindale

Victoria provides advice and representation to employers in both the private and public sectors on a range of labour, employment and privacy issues including wrongful dismissal actions, employment standards, labour disputes and grievance arbitrations.

Shauna Bartlett

Shauna Bartlett provides advice and representation to employers and management in both the public and private sectors on a wide range of labour, employment and human rights issues arising from the workplace. This includes wrongful dismissal actions, collective bargaining, labour disputes, grievance arbitrations, occupational health and safety, human rights and accommodation and employment standards.

Further Details Released on Ontario’s Requirement for Proof of Vaccination in Select Settings

On September 1, 2021, the Ontario government announced that in order to access certain public settings, patrons would be required to provide proof of full vaccination against COVID-19. On September 14, 2021, it filed a regulation to give effect to these requirements. The new proof of vaccination requirements will begin to apply on September 22,…

Colleen Nevison

Colleen provides advice to employers and management in both the private and public sectors on a wide range of labour and employment issues. With past experience in workplace psychology, Colleen is able to assist in creating a workplace that is productive, collaborative and supportive for employers and employees.

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…