On November 16, 2022, the Ontario Court of Appeal released its reasons in Turkiewicz (Tomasz Turkiewicz Custom Masonry Homes) v. Bricklayers, Masons Independent Union of Canada, Local 1 (Turkiewicz) and Enercare Home & Commercial Services Limited Partnership v. UNIFOR Local 975 (Enercare). These companion decisions consider the Ontario Divisional Court’s application of the reasonableness standard…
Insights
Reaching Out
Recent Legislative and Case Law Developments
· 15 min readDear Friends, We are back with another edition of Reaching Out. While we are still dealing with issues arising from the pandemic, there are a number of developments in legislation and case law which we wanted to bring to the attention of social services organizations. Sean Reginio discusses the duty to accommodate employees and the…
Case In Point
On September 22, 2022, the Ontario Divisional Court (Court) released Empower Simcoe v. JL, in which the Court set aside decisions of the Human Rights Tribunal of Ontario (Tribunal). The Court held that Empower Simcoe’s COVID-19 visitor policy (Policy), which temporarily limited visits to essential personnel and was later updated to allow outdoor family visits…
School Board Update
Welcome to our newest edition of the School Board Update. In this Update we review a recent decision from the Human Rights Tribunal of Ontario (Tribunal) concerning allegations of discrimination with respect to educational services because of sex and gender identity contrary to the Ontario Human Rights Code (Code). We hope you find this summary…
FTR Now
Employers and human resource professionals will undoubtedly remember 2021 as another year shaped by the pandemic. But … there were also legal developments in 2021 that were not related to COVID-19. In this FTR Now, we look at some of the year’s notable “non-pandemic” cases and legislative developments of interest.
Human Resources Legislative Update
On December 15, 2021, the Ontario government announced that in light of the Omicron variant, it is reducing capacity limits to 50% for the following indoor venues with a usual capacity of 1000 persons or more: facilities used for sports and recreational fitness activities entertainment facilities such as concert venues, theatres and cinemas racing venues…
Human Resources Legislative Update
On November 24, 2021, the federal government tabled Bill C-2, An Act to provide further support in response to COVID-19. Among other things, if passed, Bill C-2 would reintroduce COVID-19 leaves of absence (repealed on November 20, 2021), as amended, under the Canada Labour Code (Code). Under Bill C-2, the new COVID-19 leaves would provide:…