The legalization of recreational cannabis, which came into effect on October 17, 2018, has raised many questions for employers about cannabis use in the workplace, as well as potential coverage of cannabis under benefit plans. In this video, Mariana Kamenetsky and Kathryn Meehan talk about coverage for medical cannabis under Ontario’s workers’ compensation system.
Practice Area: Human Rights
No Tort of Harassment in Ontario
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…
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.
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…
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.
Attention Ontario Colleges and Universities: It’s Time to Review Your Sexual Violence Policies!
All Ontario colleges and universities have an important task to complete soon. They must conduct a review of their sexual violence policies, and this review must consider student input.
An Update on the Status of Family Status – Just in Time for Family Day
In a recent decision released by the Human Rights Tribunal of Ontario, the Tribunal found that an employer discriminated against the Applicant, a personal support worker, by failing to accommodate her special childcare needs. The Tribunal found that the Applicant’s employment was terminated at least in part because she was unable to offer more flexible hours due to her childcare obligations. The Tribunal awarded a remedy of $30,000 in compensation for injury to the Applicant’s dignity, feelings and self-respect.
Reaching Out – Fourteenth Edition
Dear Friends, Welcome to our Winter 2019 edition of Reaching Out. The last 18 months have been a tumultuous time in employment law in Ontario. We saw the introduction of sweeping changes to the Employment Standards Act, 2000 and Labour Relations Act, 1995 in January 2018, only to see many of them repealed in January…
School Boards Take Note: Recent Developments of Interest
In this Update, we discuss a recent decision of Arbitrator Nyman with respect to what constitutes a collective agreement and which re-affirms the longstanding principle that the interpretation of a collective agreement is first to be based on the plain and ordinary meaning of the written words. We also discuss a topical case with respect to a grievor’s obligation to produce arguably relevant medical documentation in the context of a grievance arbitration – notwithstanding the contractual restrictions that may exist.
FTR Quarterly – Issue 12
In This Issue: Year in Review – Key Human Resources Law Developments of 2018, The Road Ahead: Human Resources Trends and Issues to Watch in 2019 and more!