Human Resources Legislative Update

Securities Act Amendments Allow Employees to Bring a Civil Action for Reprisal Against Whistleblowing

Recent amendments to the Ontario Securities Act (Act) now permit an employee to commence a civil action in court for reprisal against whistleblowing. Section 121.5 of the Act imposes new potential liability for employers. It states: 121.5 (1) No person or company, or person acting on behalf of a person or company, shall take a…

Case In Point

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…

School Board Update

Human Rights Tribunal Dismisses Special Education Human Rights Application, No Prima Facie Case of Discrimination Found

In a recent decision, U.M. v. York Region District School Board, the Human Rights Tribunal of Ontario (Tribunal) dismissed an application brought against the Respondent school board which alleged that it had discriminated against two students (U.M and M.M.) in the delivery of educational services. This decision confirms that in special education situations, a school board is obliged to act in the interests of the students with respect to educational decisions; while it should communicate with parents, those educational decisions are not generally subject to parental control. Learn more in this School Board Update.

Case In Point

Appellate Court Upholds Criminal Conviction of Project Manager for Deaths/Injury Resulting from Swing Stage Collapse

In R. v. Kazenelson, the Ontario Court of Appeal recently upheld the conviction and the sentence imposed on a project manager who had been found guilty under the Criminal Code for criminal negligence causing death and criminal negligence causing bodily harm, arising from the collapse of a swing stage in 2009. The appellant project manager…

Human Resources Legislative Update

IPC Provides Important Guidance on New PHIPA Annual Reporting Obligations

Organizations which provide healthcare and are governed by the Personal Health Information Protection Act (PHIPA) should note that recent amendments to PHIPA require health information custodians (HICs) to file an annual report disclosing all security incidents involving theft, loss and unauthorized use or disclosure of personal health information to the Information and Privacy Commissioner. At…

Human Resources Legislative Update

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…

Human Resources Legislative Update

Ontario Seeks Comments on Proposed New Funding Rules for PBGF Assessments

Much anticipated proposed regulatory amendments respecting the formula for calculating Pension Benefits Guarantee Fund (PBGF) assessments were published by the Ontario government on January 19, 2018 (Proposed Regulations).  With unproclaimed amendments to the Pension Benefits Act (Ontario) set to enhance PBGF protection by increasing the guarantee from $1,000/month to $1,500/month, the proposed changes to the PBGF assessment formula are intended to maintain the viability of the PBGF.

Case In Point

Ontario Court of Appeal Rules (Again) on the Enforceability of an ESA-Only Termination Clause

The Ontario Court of Appeal has once again considered a minimum entitlements clause in an employment contract and ruled it to be generally enforceable. In Nemeth v Hatch Ltd., an employee with 19 years service was dismissed with 8 weeks’ notice of termination and 19.42 weeks’ salary as severance pay, as well as continued benefits…

Case In Point

Appellate Court Considers Scope of an Employer’s OHSA Obligations to Protect Workers

An appellate court recently overturned a decision acquitting a company which had been charged following a workplace fatality, holding that there may be circumstances where an employer is required to do more to protect its workers than what is prescribed under the regulations to the Occupational Health and Safety Act (OHSA). In Ontario (Labour) v….