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Changes Proposed to Sexual Harassment and Violence Policies of Colleges, Universities and Private Career Colleges

On January 27, 2021, the Ontario government announced proposed changes to the sexual harassment and violence policies of colleges, universities and private career colleges. These policies are required by legislation. The government states the proposed changes are designed to increase campus safety and to encourage victims to report instances of sexual violence and harassment without…

Human Resources Legislative Update

Federal Government Announces Temporary Waiver of EI Waiting Period

On January 29, 2021, the federal government announced that it will be amending the Employment Insurance (EI) regulations to temporarily waive the one-week waiting period for EI claimants who establish a new claim between January 31, 2021 and September 25, 2021. This change is in response to the ongoing restrictions on businesses arising out of…

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New Common Law Tort of Internet Harassment Recognized by Ontario Superior Court

The problem of hateful communication on the internet has garnered much recent attention. In Caplan v. Atas, Justice Corbett of the Ontario Superior Court of Justice recognized a new common law “tort of internet harassment” to address this issue. The decision comes nearly two years after the Ontario Court of Appeal declined to recognize a…

Human Resources Legislative Update

Ontario Publishes Updated Tool for Screening Workers

The Ontario government has updated its COVID-19 tool for screening workers before they go to work each day. The “COVID-19 Screening Tool for Businesses and Organizations (Screening Workers),” issued by the Chief Medical Officer of Health, contains several changes of note to employers. These include: a reference to the regulatory screening requirement under O. Reg….

Human Resources Legislative Update

Ontario Commences Review of Working at Heights Training Standards

The Ministry of Labour, Training and Skills Development (Ministry) is seeking submissions as part of its review of the Working at Heights training program and provider standards. The intent of the review is to ensure the Working at Heights training standards established by Ontario’s Chief Prevention Officer (CPO) further to the Occupational Health and Safety…

Case In Point

Ontario Court of Appeal Finds Anti-SLAPP Motions Can Apply To Causes of Action Beyond Defamation

The Ontario Court of Appeal recently released two decisions which consider the Strategic Litigation Against Public Participation (SLAPP) provisions of the Courts of Justice Act. The provisions are aimed at discouraging actions that have the harmful effect of chilling individuals and organizations from speaking out on matters of public interest. The first decision of the…

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Enforceability of Minimum Standards-Only Termination Clauses in Employment Contracts – What Employers Need to Know

On January 14, 2021, the Supreme Court of Canada denied the employer’s leave to appeal application from the decision of the Ontario Court of Appeal in Waksdale v Swegon North America. That decision held that termination clauses in employment contracts must be read together and if one contravenes the Employment Standards Act, 2000 (ESA), all…

Human Resources Legislative Update

Redeployment Ability of Health Service Providers (Including Hospitals) Expanded

On January 18, 2021, the Ontario government amended Ontario Regulation 74/20, Work Redeployment For Certain Health Service Providers (Regulation), made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. The amendments – which came into effect January 18, 2021 – are intended to help alleviate the increasing staffing and capacity issues faced by…

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Ontario Declares Emergency, Issues Stay-at-Home Order

On January 12, 2021, the Ontario government declared a second emergency under the Emergency Management and Civil Protection Act (EMCPA) in light of the surging COVID-19 cases in Ontario. The emergency declaration took effect immediately. At the same time, the government announced that it would be issuing a range of other orders to enhance the…

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Ontario Declares Second Provincial Emergency

On January 12, 2021, the Ontario government declared a second provincial emergency under the Emergency Management and Civil Protection Act (EMPCA) to address the concerning rise in COVID-19 cases, and also announced it is issuing a stay at home order. The government’s announcement outlined the changes that it will be implementing, which are summarized in…