On March 9, 2023 the federal government proclaimed into force amendments to the Canada Labour Code (CLC) that increase the general minimum age for employment from 17 to 18 (subject to certain exceptions). The change comes into effect as of June 12, 2023. The amendments were enacted by the Budget Implementation Act, 2018, No. 2….
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Court Finds Employee’s Contract Frustrated for Failing to Comply with Mandatory Vaccination Requirements
In Croke v VuPoint Systems Ltd., the Ontario Superior Court of Justice recently found that an employee’s failure to comply with his employer’s vaccination requirements amounted to a frustration of contract, disentitling the employee to wrongful dismissal damages at common law. The employer, VuPoint, provided installation services for Bell Canada. The employee exclusively worked for Bell,…
Federal Court: No Entitlement to EI Benefits Where Employee Fails to Comply With Employer’s Vaccination Policy
In Cecchetto v. Canada (Attorney General), the Federal Court recently considered a decision of the Appeal Decision of the Social Security Tribunal (SST) which denied leave to appeal a finding of the General Division of the SST that the applicant was not entitled to employment insurance (EI) benefits when his employment was terminated for failure…
COVID-19 Year-End Edition
As we near the end of 2022, we reflect back on a year filled with virtual environments, increased connections and a renewed focus on wellness as we made it through another year since the COVID-19 pandemic began in 2020. The pandemic has had a broad-ranging impact on employment law since March 2020. To wrap up…
British Columbia Court of Appeal Finds Canada Emergency Response Benefit Not Deductible from Wrongful Dismissal Damages
On November 29, 2022, the British Columbia Court of Appeal released Yates v. Langley Motor Sport Centre Ltd., in which the Court of Appeal ruled that payments received by an employee under the Canada Emergency Response Benefit (CERB) should not be deducted from wrongful dismissal damages. The Court of Appeal held that broader policy considerations,…
Ontario Court Rules Bill 124 is Unconstitutional – What Now?
In a decision dated November 29, 2022, Justice Koehnen of the Ontario Superior Court of Justice found that Bill 124, Protecting a Sustainable Public Sector for Future Generations Act, 2019 (the Act or Bill 124) substantially interfered with the applicant unions’ section 2(d) freedom of association rights under the Canadian Charter of Rights and Freedoms…
Court Finds Bill 124 to Be Unconstitutional
On November 29, 2022, the Ontario Superior Court of Justice rendered its decision in Ontario English Catholic Teachers Assoc. v. His Majesty. The Court found that the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (commonly referred to as Bill 124) is contrary to section 2(d) (freedom of association) of the Canadian Charter…
Court of Appeal Denies Injunction Relating to Mandatory Vaccination Policy
The Ontario Court of Appeal recently released its reasons in National Organized Workers Union v. Sinai Health System. The Court dismissed the appeal brought by the National Organized Workers Union (Union) of an Ontario Superior Court decision which refused to stay the implementation of the workplace COVID-19 vaccination policy (Policy) of Sinai Health System (Sinai…
Employers Take Note: Incoming Changes to Competition Act
Employers should take note of recent amendments made to the Competition Act (Act) by Bill C-19, Budget Implementation Act, 2022, No. 1 which will come into force on June 23, 2023. The amendments make it a criminal offence for an employer to conspire, agree or arrange with an unaffiliated employer to fix, maintain, decrease or…
Ontario Divisional Court Finds Group Living Home Did Not Discriminate Against Disabled Resident by Enforcing a No Visitor Policy During the COVID-19 Outbreak
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…