Case In Point

Appellate Court Reviews “Family Status” Test

The British Columbia Court of Appeal recently clarified the meaning and scope of the term “family status” in Envirocon Environmental Services, ULC v. Suen. This case confirmed the Campbell River test, which imposes a higher standard for establishing discrimination than the often-cited Federal Court of Appeal test in Johnstone, adding to the “family status” interpretation…

Human Resources Legislative Update

Proposed Workplace Law Reforms in Bill 66 Now at Committee – Note Short Deadlines

On March 6, 2019, Bill 66, Restoring Ontario’s Competitiveness Act, 2019, was referred to the Standing Committee on General Government. The Committee will hold public hearings on the Bill in Toronto on Monday, March 18, 2019, from 9 a.m. to 10 a.m. and from 2 p.m. to 6 p.m. The deadline to submit requests to…

Human Resources Legislative Update

Federal Government Considering Equal Pay Protection for Employees in Air Transportation Sector

The Labour Program of the federal government is seeking input on the development of a regulation under section 47.3 of the Canada Labour Code (Successive Contracts for Services) which currently applies only to contract pre-board security services employees. It is proposing extending the application of that equal pay provision to include other federally regulated employees…

Case In Point

A Cautionary Tale: Appellate Court Upholds Judgment Against Employer for Punitive Damages, Aggravated Damages and “Unusually High” Costs

In Ruston v. Keddco MFG. (2011) Ltd., 2019 ONCA 125 (CanLII)(Keddco), a unanimous Court of Appeal for Ontario upheld a substantial damages and costs award against an employer that breached its “duty of good faith and fair dealing in the manner of dismissal.” The Keddco decision serves as an important reminder for employers across Canada…

Human Resources Legislative Update

EI Changes – Parental Sharing Benefit Coming into Force on March 17, 2019

Changes to the Employment Insurance Act will come into effect on March 17, 2019 to implement the additional Parental Sharing Benefit announced in the 2018 Federal Budget.   Additional employment insurance (EI) parental benefits (up to 5 weeks of standard parental benefits or up to 8 weeks of extended parental benefits) will be available to…

Pay Equity Compliance Checklist

This Client Toolkit is intended to help employers monitor pay equity compliance within their organization by providing a checklist of key compliance benchmarks that must be monitored regularly.

Case In Point

Notice of Intended Decision Considers Whether Vacation Pay Forms Part of Pensionable Earnings

The Ontario Superintendent of Financial Services (Superintendent) issued a Notice of Intended Decision (NOID) in late 2018 that considered whether vacation pay should be factored into a pension plan’s definition of pensionable earnings. The NOID indicates that, in the absence of clear exclusionary language, the Superintendent will interpret the phrase “base pay” to include vacation…

AODA Compliance Checklist

All organizations in Ontario which employ at least one employee are required to comply with a series of requirements under the standards established by the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) and the regulations promulgated under it. In this Checklist, we provide a general overview of an organization’s AODA compliance obligations, along with checklists to assist you in assessing your degree of compliance and the anticipated timing for future compliance deadlines.

Case In Point

Appellate Court Upholds GSB Decision that Appropriate Jurisdiction to Adjudicate Mental Stress Claim is under WSIA

The Divisional Court has upheld a decision of the Grievance Settlement Board (Board) that found that it did not have jurisdiction to award damages as a remedy for grievances alleging workplace bullying and harassment as the alleged injuries would be compensable under the Workplace Safety and Insurance, 1997 (WSIA). In Ontario Public Service Employees Union…