Executive Summary Creating and protecting a respectful sport culture is an important priority for governments and public policy-makers in Canada and, increasingly, it is an important legal issue for employers and organizations in the sector as well. A review of any number of recent news articles makes this point clear. This year, the federal government…
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New Federal Online Harms Bill: Possible Implications for Federal Employers
The federal government tabled Bill C-63, the Online Harms Act (Bill C-63) on February 26, 2024. Bill C-63 aims to curb online harms, especially to children, by targeting the spread of harmful content on social media. If passed, key features would include the establishment of the Digital Safety Commission of Canada, the introduction of an…
WSIB Revises Mental Stress Policies to Clarify Role of Witnesses
The Workplace Safety and Insurance Board (WSIB) has announced that minor revisions to the Operational Policy Manual documents 15-03-02, Traumatic Mental Stress and 15-03-14, Chronic Mental Stress are in effect as of March 1, 2024. As stated by the WSIB, the revisions are intended “to clarify the role of witness evidence in the adjudication of…
WSIB Amends Its Appeals Practices and Procedures
Following a recent stakeholder consultation, in February 2024 the Workplace Safety and Insurance Board (WSIB) published changes to its Appeals Practices and Procedures. The WSIB reports these changes will improve its “efficiency in providing timely, quality decisions and excellent customer service.” Some key changes include:
Ontario Tables Bill Introducing Policy Requirements for Colleges and Universities
Bill 166, Strengthening Accountability and Student Supports Act, 2024 (Bill 166) was tabled by the Ontario Minister of Colleges and Universities (Minister) on February 26, 2024. If passed, Bill 166 will require every college of applied arts and technology (College) and publicly assisted university (University) to have a student mental health policy and a policy…
Proposed Regulatory Amendments to Teacher Assignment and Proficiency in Mathematics
The Ontario government recently posted two regulatory amendments related to teacher assignments and proficiency in mathematics for comment. The first is the Proposed Regulatory Amendments to Teacher Assignments. Regulation 298 made under the Education Act mandates that principals must assign their teachers to the best possible program, in accordance with the teacher’s qualifications or as…
Employment Termination Clauses Under Scrutiny – The Latest Update
In Dufault v. The Corporation of the Township of Ignace, the Ontario Superior Court of Justice found the termination provisions of a fixed-term employment contract did not comply with the Employment Standards Act, 2000 (ESA) because, among other things, it permitted the employer to terminate the employee’s employment without cause in the employer’s “sole discretion”…
Advantage CPD: Bad Faith Damages – How Employers Can Avoid and Defend These Claims
In this session, we will discuss what constitutes bad faith in the employment context and how it applies to different phases of the employment relationship. We will address employer conduct leading up to termination, at the time of termination, during the post-termination period and during litigation—each of which can have an effect on an award for bad faith damages.
Ontario Court of Appeal Upholds in Part Lower Court Finding That Bill 124 Is Unconstitutional; Bill to Be Repealed
On February 12, 2024, the Ontario Court of Appeal rendered its much-anticipated decision in Ontario English Catholic Teachers Association v. Ontario (Attorney General). A majority of the Court upheld in part the decision of the Ontario Superior Court of Justice (ONSC) which found that Bill 124, the Protecting a Sustainable Public Sector for Future Generations…
Majority of Ontario Appellate Court Finds Bill 124 Unconstitutional
On February 12, 2024 the Court of Appeal for Ontario issued its decision in Ontario English Catholic Teachers Association v. Ontario (Attorney General). A majority of the Court of Appeal upheld a lower court decision and found the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (commonly referred to as Bill 124) to…