Uber Driver Class Action Stayed Due to Arbitration Clause

A recent decision of the Ontario Superior Court provides an important update and clarification on the applicability of arbitration clauses in a case where employment status is challenged. In Heller v. Uber Technologies Inc., the Court stayed a class action filed by a plaintiff on behalf of his fellow class members, Uber Drivers, against Uber…

The Right to Be Forgotten Comes to Canada

On January 26, 2018, the Office of the Privacy Commissioner of Canada issued a new position on the protection of online reputation. In doing so the OPC recognized a right to have personal information de-indexed from search engine results if it is inaccurate, incomplete or out-of-date. Although the position is in draft, is nonetheless of…

Supreme Court of Canada Recognizes Reasonable Expectation of Privacy in Digital Communications

There has been significant discussion of the Supreme Court of Canada’s decisions in R v Jones and R v Marakah – cases in which the Court recognized a reasonable expectation of privacy in text messages that police obtained from others. In Jones, the police obtained messages from a telecom company and in Marakah the police…

Supporting Regulations to Bill 148 Now Available

On December 18, 2017, the Ontario government filed the following regulations in support of amendments made by Bill 148, Fair Workplaces, Betters Jobs Act, 2017, to the Employment Standards Act, 2000 (ESA) and the Labour Relations Act, 1995 (LRA): Regulations Made Under the ESA: 1.   O. Reg. 526/17 amends O. Reg. 285/01 (Exemptions, Special Rules and…

Bill 177 Receives Royal Assent, Amends WSIA, OHSA, PBA and BPSECA

On December 14, 2017, Bill 177, Stronger, Fairer Ontario Act (Budget Measures), 2017, received Royal Assent. Bill 177 is omnibus legislation which amends several statutes, including the Workplace Safety and Insurance Act, 1997, the Occupational Health and Safety Act, the Pension Benefits Act and the Broader Public Sector Executive Compensation Act. Workplace Safety and Insurance…

The (Funding) Future is Here: Ontario Releases Pension Funding Reform Details

On December 14, 2017, the Ontario government published the long-awaited details to support the proposed reforms to funding rules for Ontario pension plans. The proposed regulations describe the amendments to the Pension Benefits Act Regulations that will, among other things: Alter solvency funding obligations, by reducing the solvency deficiency required to be funded (such that…

Provincial Cannabis Act, Smoke-Free Ontario Act, 2017 Receives Royal Assent

On December 12, 2017, Bill 174, Cannabis, Smoke-Free Ontario and Road Safety Statute Law Amendment Act, 2017 received Royal Assent. As we previously reported, Bill 174 is omnibus legislation enacting the Cannabis Act, 2017 and the Ontario Cannabis Retail Corporation Act, 2017 which will regulate the cultivation, sale, distribution and consumption of cannabis in Ontario. It also…

The Road Ahead: Are You Prepared for Bill 148?

Bill 148, the Fair Workplaces, Betters Jobs Act, 2017 is now in force, having received Royal Assent on November 27, 2017. With it comes substantial changes to the Employment Standards Act, 2000 (ESA) and the Labour Relations Act, 1995 (LRA), as well as changes to the Occupational Health and Safety Act (OHSA). In this FTR Now, we have consolidated and summarized the information provided to clients previously in a series of updates that tracked the development of Bill 148…