Case In Point

Federal Court: No Entitlement to EI Benefits Where Employee Fails to Comply With Employer’s Vaccination Policy

In Cecchetto v. Canada (Attorney General), the Federal Court recently considered a decision of the Appeal Decision of the Social Security Tribunal (SST) which denied leave to appeal a finding of the General Division of the SST that the applicant was not entitled to employment insurance (EI) benefits when his employment was terminated for failure…

Human Resources Legislative Update

WSIB Publishes Draft Communicable Illnesses Policy for Consultation

The Workplace Safety and Insurance Board (WSIB) has published a Draft Communicable Illnesses Policy (Draft Policy) for consultation. As stated by the WSIB, the WSIB has adjudicated tens of thousands of COVID-19 claims since the onset of the pandemic. Drawing from its history of adjudicating communicable diseases and the recent COVID-19 claims’ experience, the WSIB…

Human Resources Legislative Update

Ontario Proposes Amendments to Long-Term Care Sector Regulations

Ontario’s Ministry of Long-Term Care has tabled a proposal to amend Regulation 246/22 made under the Fixing Long-Term Care Act, 2021. The proposed amendments focus on changes to staffing qualifications, medication management and drug administration and overall resident experience. Regulation 246/22 prescribes residents’ rights, plans of care, nursing and personal support services, nutritional care, medical…

Common Ground? Class Action Updates

BC Court Denies Application to Stay a Class Action Appeal in Order to Avoid “Litigation in Slices”

In Facebook, Inc. v. Douez, the Supreme Court of British Columbia denied an application by the representative plaintiff (Ms. Douez) to stay an appeal by Facebook of a class action order with respect to liability. The Court noted that while there is a general aversion to “litigation in slices,” it may be appropriate to permit…

Case In Point

Divisional Court Confirms Non-Construction Employer Provisions in Labour Relations Act Do Not Infringe Charter Rights

In Carpenters’ District Council of Ontario v. City of Hamilton, the Divisional Court dismissed an application for judicial review of an Ontario Labour Relations Board (Board) decision in which the union challenged the amendments to the non-construction employer (NCE) provisions in the Labour Relations Act (LRA). Specifically, the union challenged the constitutionality of Bill 66,…

Common Ground? Class Action Updates

Appellate Court Denies Certification of Class Actions Claiming Intrusion Upon Seclusion

In Broutzas v. Rouge Valley Health System, the Ontario Divisional Court dismissed an appeal from a motion decision that had denied certification in two class proceedings, which were focused on the tort of intrusion upon seclusion. Background The appellants gave birth at certain hospitals between 2009 and 2014 and their hospital records were improperly accessed…

School Board Update

Ontario Human Rights Commission Strategic Plan and the Right to Read

On January 17, 2023, the Ontario Human Rights Commission (OHRC) released a new strategic plan for 2023 to 2025, entitled Human Rights First: A plan for belonging in Ontario. It centres around five priorities which include Indigenous reconciliation, the criminal justice system and the education system. In this School Board Update, we focus on the OHRC’s priorities with respect to the education system.

FTR Now

Beyond COVID-19: 2022 Year in Review – Cases and Legislation of Note

Employers and human resource professionals will undoubtedly remember 2022 as another year shaped by the pandemic.

But…there were also legal developments in 2022 that were not related to COVID-19. In this FTR Now, we look at some of the past year’s notable “non-pandemic” cases and legislative developments.

Human Resources Legislative Update

Competition Bureau Seeks Feedback on Incoming Changes to Competition Act

The Competition Bureau Canada is inviting interested parties to provide comments on new guidelines to address wage-fixing and no-poaching agreements (Guidelines). The draft Guidelines describe the Bureau’s approach to enforcing recent amendments to the Competition Act which make wage-fixing and no-poaching agreements illegal and subject to significant criminal penalties in Canada. As we previously noted,…