Human Resources Legislative Update

Ontario Reintroduces the Plan to Build Act (Budget Measures), 2022

On August 9, 2022, the Ontario government reintroduced the Plan to Build Act (Budget Measures), 2022 (Act) as Bill 2 for first reading. The government tabled its 2022 Budget, Ontario’s Plan to Build, and originally introduced the Act as Bill 126 on April 28, 2022. That same day, the Ontario Legislature rose, and on June…

Case In Point

Arbitrator Finds University’s Vaccination Policy to be Reasonable

On July 22, 2022, Arbitrator Wright released a preliminary award, Wilfrid Laurier University v United Food and Commercial Workers Union, in which he found that the University’s mandatory vaccination policy (Policy) was reasonable. In so finding, he cited the fact that the University implemented the Policy in accordance with the instructions and advice issued by…

Case In Point

Class Action Dismissed in Favour of Defendant Employer

In Rebuck v. Ford Motor Company, the Ontario Superior Court recently granted the defendants’ motion for summary judgment to dismiss the plaintiff’s class action. The class action involved an allegation of misleading advertising under the federal Competition Act. Factual History In 2014, a consumer filed a lawsuit after noticing that the miles per gallon (MPG)…

FTR Now

Ministry Updates ESA Guide on Electronic Monitoring Policies

On July 13, 2022, the Ontario Ministry of Labour, Training and Skills Development (Ministry) updated its online guide to the Employment Standards Act, 2000 (Guide) to include a chapter on written policy on electronic monitoring of employees. The chapter provides guidance on recent Employment Standards Act, 2000 (ESA) amendments that require employers with 25 or…

FTR Now

Employers Take Note: Changes to the Infectious Disease Emergency Leave

Employers should be aware of imminent changes to an employee’s entitlements to the Infectious Disease Emergency Leave (IDEL), made under the Employment Standards Act, 2000 (ESA) in response to the COVID-19 pandemic. On July 21, 2022, the Ontario government announced that it is extending entitlement to the three days of paid IDEL (Paid IDEL) for…

Case In Point

Appellate Court Substantially Reduces Reasonable Notice Award for Failure to Mitigate

In Humphrey v. Mene Inc., the Ontario Court of Appeal found that a dismissed employee failed in her duty to mitigate by rejecting a comparable job offer with a new employer seven months following her termination of employment. The former employee, who had been the employer’s Chief Operating Officer, was 32 years old when her…

Human Resources Legislative Update

Proposed Regulations Amending Certain Regulations Made Under the Canada Labour Code (Medical Leave with Pay) Published for Comment

On July 16, 2022, the federal government published Regulations Amending Certain Regulations Made Under the Canada Labour Code (Medical Leave with Pay), proposed regulatory amendments to give effect to the new paid medical leave provisions under the Canada Labour Code (Code), which are not yet in force. The leave, enacted by Bill C-3, An Act…

Case In Point

Appellate Court Considers Certification Under Class Proceedings Act, 1992 and Requirement That Pleadings Disclose a Cause of Action

In Bowman v Ontario, the Ontario Court of Appeal considered a motion for certification of a class action under the Class Proceedings Act, 1992 (CPA) which was dismissed by a certification judge. The Court of Appeal allowed the appeal in part, concluding that the judge erred in holding that the proposed class action did not…

Case In Point

Arbitrator Finds Two-Dose Vaccination Policy No Longer Reasonable

On June 17, 2022, Arbitrator Nairn held in FCA Canada Inc. v Unifor, Locals 195, 444, 1285 that a two-dose mandatory vaccination policy (Policy) implemented by an employer was no longer reasonable going forward due to the evolving scientific evidence regarding the COVID-19 virus. In so finding, she cited a number of pre-print scientific studies…