In Merrifield v. Canada (Attorney General), the Ontario Court of Appeal found that a “tort of harassment” does not exist in Ontario. The plaintiff/respondent was hired as a Constable in the Royal Canadian Mounted Police (RCMP) in 2005. He was promoted to Corporal in 2009 and then to Sergeant in 2014. In June 2007, he…
Insights
School Board Update
Recent Developments of Note
On March 15, 2019, the Ministry of Education outlined several new initiatives in a plan entitled “Education that Works for You” which will have a significant impact on the school board sector. In this School Board Update, we summarize the key initiatives.
Human Resources Legislative Update
Federal Budget 2019 Tabled
On March 19, 2019, the federal government tabled its Budget 2019, “Investing in the Middle Class.” We are reviewing the Budget and an FTR Now highlighting initiatives of interest to employers, human resources professionals and pension plan administrators will be available shortly on our website.
Case In Point
Appellate Court Overturns Summary Judgment Decision that Former Employee Owed $20m in Damages to Employer; Matter Remitted for Trial
The decision of a summary judgment motion judge who ordered a former employee to pay his former employer $20 million in damages has been overturned by the Court of Appeal. In Plate v. Atlas Copco Canada Inc., the Court held that the motion judge erred when he found a trial was not necessary and proceeded…
WSIB and Chronic Mental Stress
In this Client Toolkit, we set out the statutory changes, the policy framework and a list of steps employers can take to minimize the risk of workplace stress.
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…