In a recent development in Ottawa’s “convoy class action,” Justice MacLeod of the Ontario Superior Court provided a helpful review for litigants of what will be considered an appropriate pleading under the Rules of Civil Procedure particularly in the class proceedings context. Background Li v. Barber is a proposed class proceeding commenced by an Ottawa…
Insights
Hicks Morley publishes a number of materials, both electronic and print, on issue-specific and sector-specific topics of interest to our clients. Our insights section has links to all of our various publications, updates and blogs, both current and historical, to keep you informed of developments in the law that impact human resources.
Human Resources Legislative Update
Ontario Proposes New Requirements on Construction Sites
On March 15, 2023, Ontario announced proposed changes to jobsite requirements in the construction sector. If approved and filed, the proposed regulatory changes would require construction employers to provide safe, private, and clean restroom facilities, including a minimum of one designated washroom for women on every jobsite. The total number of restrooms required across most…
Human Resources Legislative Update
Federal Government Increases Minimum Age for Workers to 18
On March 9, 2023 the federal government proclaimed into force amendments to the Canada Labour Code (CLC) that increase the general minimum age for employment from 17 to 18 (subject to certain exceptions). The change comes into effect as of June 12, 2023. The amendments were enacted by the Budget Implementation Act, 2018, No. 2….
Human Resources Legislative Update
Ontario Proposes ESA Changes for Remote Workers and New Hires
On March 13, 2023 the Ontario government announced proposed updates to employment laws related to remote workers in the province. If passed, the proposed changes would broaden the definition of “establishment” in the Employment Standards Act, 2000 (ESA) to include employees’ remote home offices. As a result, employees who work solely from home would be…
Case In Point
Court Finds Employee’s Contract Frustrated for Failing to Comply with Mandatory Vaccination Requirements
In Croke v VuPoint Systems Ltd., the Ontario Superior Court of Justice recently found that an employee’s failure to comply with his employer’s vaccination requirements amounted to a frustration of contract, disentitling the employee to wrongful dismissal damages at common law. The employer, VuPoint, provided installation services for Bell Canada. The employee exclusively worked for Bell,…
Human Resources Legislative Update
Ontario Expanding Presumptive Cancer Coverage for Firefighters to include Thyroid and Pancreatic Cancers
The Ontario government has announced it will be introducing regulatory amendments to expand the presumptive cancer coverage for firefighters to include thyroid and pancreatic cancers. This expanded coverage will be retroactive to January 1, 1960 and will be applicable to full-time, volunteer and part-time firefighters, firefighters employed by First Nations band councils, and fire investigators….
Common Ground? Class Action Updates
Ontario Court Approves Settlement Amount in Employee Misclassification Class Action
In Phillip v Deloitte Management Services LLP et al, the Ontario Superior Court recently approved a $2.4 million dollar settlement in a class action alleging employee misclassification and breaches of the Employment Standards Act, 2000 (ESA). The class action commenced nearly 8 years ago and involved approximately 500 individuals who provided document review and e-discovery…
Federal Post
Update on Medical and Personal Leaves under the Canada Labour Code, Upcoming Deadlines under the Accessible Canada Act, and More
In this Federal Post, we discuss the practical challenges confronting federal employers when implementing the new medical and personal leaves under the Canada Labour Code. We also look at upcoming compliance deadlines under the Accessible Canada Act regulations and the federal Pay Equity Act.
HR HealthCheck
Ontario Tables Bill to Create Integrated Community Health Services Centres, and More
On February 21, 2023, the Ontario government tabled Bill 60, Your Health Act, 2023 for First Reading. The government states that the objective of the Bill is to reduce wait times for surgeries, procedures and diagnostic imaging ‘while enabling its new “As of Right” rules to automatically recognize the credentials of health care workers registered in other provinces and territories.’ If passed, Bill 60 would enact the Integrated Community Health Services Centres Act, 2023 (Proposed Act) which would create integrated community health services centres, among other things.
Case In Point
Court Finds Employer Had Cause to Dismiss Employee After He Deleted Employer Website
In Park v Costco Wholesale Canada Ltd., the Ontario Superior Court held a former employee (Mr. Park) had engaged in wilful misconduct that was incompatible with the fundamental terms of his employment relationship with his employer, Costco, and that Costco was therefore justified in terminating his employment for cause. The employee had worked for Costco…