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…
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.
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,…
Common Ground? Class Action Updates
Class Action Certified Against the MLTC Respecting COVID-19 Deaths/Illnesses in Long-Term Care Homes
In Robertson v. Ontario, Justice Belobaba of the Ontario Superior Court of Justice recently certified a class proceeding against the Ontario Minister of Long-Term Care (MLTC). The case relates to the deaths or serious illness due to COVID-19 of thousands of residents in provincially regulated long-term care (LTC) homes. Although the class proceeding was certified,…
Common Ground? Class Action Updates
Ontario Superior Court Confirms Presumptive Requirement for Statement of Defence Prior to Certification Motion
In Richard v. The Attorney General of Canada, the Ontario Superior Court recently confirmed that a defendant in an Ontario class proceeding is required to file a Statement of Defence pre-certification and in accordance with the Rules of Civil Procedure, absent special circumstances justifying a deferral. The proposed class proceeding in this case centered on…
Common Ground? Class Action Updates
Plaintiffs’ Motion to Discontinue Proposed Overtime Class Action Granted
This post relates to an important procedural aspect of the class proceedings regime. In Somani v. International Financial Group Ltd., the Ontario Superior Court of Justice granted the plaintiffs’ motion to discontinue a proposed class action related to allegedly unpaid overtime, vacation, public holiday and premium pay. After commencing the claim, issues arose with the…
FTR Now
Bill 26 Passes as Amended, Mandates Post-secondary Institutions to Address Faculty and Staff Sexual Misconduct Towards Students
On December 8, 2022, Bill 26, Strengthening Post-secondary Institutions and Students Act, 2022, as amended, received Royal Assent. We reported on the Bill in our FTR Now of October 28, 2022, Ontario Tables Bill 26 Mandating Post-secondary Institutions to Address Faculty and Staff Sexual Abuse Towards Students in a More Prescriptive Manner. In this FTR…
Human Resources Legislative Update
Amendments to OHSA Regarding Naloxone Kit Requirement Proclaimed into Force – June 1, 2023
The amendments Bill 88, Working for Workers Act, 2022 made to the Occupational Health & Safety Act, which require certain employers to have a naloxone kit in the workplace, have been proclaimed into force effective June 1, 2023. As a result, starting on June 1, 2023, employers who become aware or ought reasonably to be…
Human Resources Legislative Update
Ontario Launching 2023 Budget Consultations
On December 8, 2022, the Ontario government announced that it is launching consultations for the 2023 Budget. The announcement states that the government is “seeking ideas from workers, families, business owners and communities on what they need and what they want to see in the 2023 Budget.” In-person consultations will be held across the province…