In Ontario (Health) v. Association of Ontario Midwives, the Ontario Court of Appeal dismissed an appeal by the Ministry of Health and Long-Term Care (Ministry), upholding the finding of the Human Rights Tribunal of Ontario (Tribunal) that the Ministry engaged in gender discrimination in compensation setting practices for midwives. In this Case in Point,…
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.
Case In Point
Arbitrator Finds Grievor was Prima Facie Discriminated Against when Employer Denied her Requested Exemption to the COVID-19 Vaccine
In Public Health Sudbury & Districts v. Ontario Nurses’ Association, Arbitrator Robert Herman accepted that an employee may be entitled to an exemption from an employer’s mandatory COVID-19 vaccination policy on the basis of creed where they held a sincere belief that the relationship between the COVID-19 vaccines and fetal cell lines was contrary to…
FTR Now
Modernizing Canada’s Privacy Laws: What Employers Need to Know About Bill C-27
On June 16, 2022, the federal government introduced Bill C-27, Digital Charter Implementation Act, 2022. If passed, Bill C-27 would repeal Part 1 of the Personal Information Protection and Electronic Documents Act (PIPEDA) and replace it with the new Consumer Privacy Protection Act (CPPA). It would enact the Personal Information and Data Protection Tribunal Act…
Human Resources Legislative Update
Federal Government Suspends COVID-19 Vaccination Requirements for Certain Travel, and Federal Sector Employees
On June 14, 2022, the federal government announced that as of June 20, 2022, it will suspend vaccination requirements for domestic and outbound travel, federally regulated transportation sectors and federal government employees. (For details about the federal government’s vaccine mandate which was originally introduced in October 2021, see our FTR Now of October 7, 2021,…
Case In Point
Ontario Court of Appeal Upholds Waksdale – Overturns Superior Court Decision That Attempted to Distinguish It
On June 8, 2022, in Rahman v. Cannon Design Architecture Inc., the Court of Appeal reiterated that Waksdale is supreme in Ontario. The Decision Below In September 2021, a judge of the Superior Court determined on the facts of the case before him that a contractual provision in an employment agreement which denied entitlements upon…
Human Resources Legislative Update
Ontario to Lift Most Masking Requirements and Certain Other COVID-19 Measures on June 11, 2022
On June 8, 2022, Ontario’s Chief Medical Officer of Health, Dr. Kieran Moore, announced that most of the province’s remaining masking requirements will expire on June 11, 2022. Similarly, all remaining directives issued by the Office of the Chief Medical Officer of Health (OCMOH) in response to COVID-19 will be revoked on June 11, 2022….
Human Resources Legislative Update
Federal Government Consultation Underway on Proposed Pay Equity Act Regulations
On May 16, 2022, Employment and Social Development Canada (ESDC) published an invitation to provide feedback with respect to the development of regulations under the federal Pay Equity Act, which came into force on August 31, 2021. This Act establishes a proactive pay equity regime that applies to employers with 10 or more employees in…
Case In Point
Appellate Court Finds Non-Competition Clause in Employment Agreement to be Unenforceable
In M & P Drug Mart Inc. v Norton, the Ontario Court of Appeal upheld the decision of an application judge which had found a non-competition clause in an employment agreement to be ambiguous and overly broad, and therefore unenforceable. Background In 2014, Mr. Norton, with the assistance of legal counsel, entered into an employment…
Human Resources Legislative Update
Reminder: Employers to Have Disconnecting from Work Policies in Place by June 2, 2022
As we noted previously, the Ontario government has passed Bill 27, Working for Workers Act, 2021. Among other things, Bill 27 amends the Employment Standards Act, 2000 (ESA) to require employers with 25 or more employees to have a written policy with respect to disconnecting from work, as defined. (For more information about Bill 27,…
Case In Point
IDEL Regulation and Constructive Dismissal at Common Law: Appellate Court Finds Analytical Errors “Tainted” Lower Court Decision, Does Not Rule on Substantive Issue
On May 12, 2022, the Ontario Court of Appeal rendered its highly anticipated decision in the appeal of Taylor v Hanley Hospitality Inc. The lower court had considered the interaction between the Infectious Disease Emergency Leave Regulation(O. Reg. 228/20 or IDEL Regulation) made under the Employment Standards Act, 2000 (ESA) and a claim for constructive…