A long-awaited decision from the Ontario Superior Court of Justice (SCJ) was released on August 23, 2024, dismissing an appeal by the Crown who challenged the trial judge’s finding that the City of Greater Sudbury exercised due diligence in a workplace fatality. This decision is significant for construction project owners and general contractors, as it…
Insights
School Board Update
Arbitrator Kaplan Clarifies Earlier Interest Arbitration Awards
On May 29, 2024, a board of arbitration (Board) chaired by Arbitrator William Kaplan issued its decisions on two interest arbitration cases in the school board sector which addressed outstanding compensation issues between the Ontario Secondary School Teachers’ Federation (OSSTF), the Crown, and the Ontario Public School Boards’ Association (OPSBA) in respect of secondary school…
Case In Point
Ontario Court Concludes Bank Employee’s Misconduct Amounted to Just Cause for Termination
On July 23, 2024, the Ontario Superior Court of Justice released its decision in Arora v ICICI Bank of Canada, a wrongful dismissal claim filed by a former employee of ICICI Bank of Canada (Bank) terminated for cause. The Court dismissed the case, finding that the plaintiff’s conduct breached his duties of loyalty and good…
Case In Point
Ontario Court Orders Defence Medical Examination of Terminated Employee Alleging Inability to Mitigate
In Marshall v Mercantile Exchange Corporation, the Ontario Superior Court of Justice granted an employer’s motion for a defence medical examination of a former employee who claimed an inability to mitigate their damages due to a mental health condition. This decision makes clear that in appropriate cases, a defendant in a wrongful dismissal lawsuit will…
School Board Update
Important Regulatory Amendments Impact School Board Member Codes of Conduct
New regulations under the Education Act provide express obligations and prohibitions that must be included in a school board’s code of conduct for its board members. The regulations also set out new requirements around integrity commissioners. This article explains these new requirements and what a school board will need to do now to bring itself…
Human Resources Legislative Update
WSIB to Add New Classification Applicable to Temporary Employment Agencies
A recent amendment to the Workplace Safety and Insurance Act, 1997 regulations has resulted in the creation of a new Workplace Safety and Insurance Board (WSIB) classification which will allow temporary employment agencies (TEAs) to report the supply of administrative, clerical and knowledge-based labour under one classification for premium-setting purposes. This new classification will take…
Case In Point
Human Rights Tribunal of Ontario Confirms Childcare Preferences Do Not Trump Employer’s Scheduling Needs
In Aguele v. Family Options Inc., the Human Rights Tribunal of Ontario (HRTO) confirmed that the duty to accommodate in the context of a family status accommodation scheduling request is not unlimited. An employee has an obligation to accept accommodation that is reasonable in the circumstances, failing which an employer’s accommodation obligation is discharged. This…
School Board Update
Supreme Court of Canada Addresses Workplace Privacy Rights in Ontario Schools
On June 21, 2024, the Supreme Court of Canada rendered its decision in York Region District School Board v. Elementary Teachers’ Federation of Ontario. The decision establishes that Ontario school boards are “government”—and thus subject to the Canadian Charter of Rights and Freedoms (Charter)—and provides guidance on how alleged breaches of an employee’s Charter-based right…
Common Ground? Class Action Updates
Ontario Court Approves Modest $62,000 Settlement in Employee Misclassification Class Action
In Morris v. Solar Brokers Canada Corp., the Ontario Superior Court of Justice approved a negotiated settlement of $62,000 in a class action arising from the alleged misclassification of individuals as independent contractors. The Court also approved class counsel fees in the amount of $20,000, leaving $42,000 to be distributed amongst the class. As a…
Case In Point
Ontario Court Declares Back-To-Work Legislation in College Sector Constitutional
The Ontario Superior Court of Justice has just released an important decision upholding the constitutionality of the Ontario government’s 2017 back-to-work legislation in the college sector. The legislation in question was the Colleges of Applied Arts and Technology Labour Dispute Resolution Act, 2017 (Act). The Act legislated the end to the longest college-sector strike in…