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Reminder: Colleges and Universities to Have Sexual Misconduct Policies in Place by July 1, 2023

We would like to remind our college and university clients that the Ontario government recently passed Bill 26, Strengthening Post-secondary Institutions and Students Act, 2022. Among other things, Bill 26 amends the Ministry of Training, Colleges and Universities Act and the Private Career Colleges Act, 2005 to require post-secondary institutions to address faculty and staff…

Arbitrator Addresses Reasonableness of Hospital Vaccination Policy Providing for Termination of Employment

On April 26, 2023, Arbitrator Robert Herman released his award in Lakeridge Health and CUPE, Local 6364. The award addressed two policy grievances and four individual grievances arising from the hospital’s mandatory COVID-19 vaccination policy. This is the first Ontario arbitration decision involving a hospital that has addressed the reasonableness of a vaccination policy which…

Federal Government to Extend Temporary Measures under the Temporary Foreign Worker Program

On March 27, 2023, the federal government announced the extension of temporary measures introduced during the COVID-19 pandemic under the Temporary Foreign Worker (TFW) Program. As stated in the announcement, the extended measures include: The government also announced that the TFW Program will begin transitioning to the LMIA Online Portal as the primary method to…

Paid Infectious Disease Emergency Leave Ending March 31, 2023

On March 23, 2023, the Ontario government tabled its 2023 Ontario Budget: Building a Strong Ontario. Of significance to employers, the Budget announced that the paid Infectious Disease Emergency Leave (Paid IDEL) will expire on March 31, 2023. By way of background, the Paid IDEL is a form of paid leave available under the Employment…

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…

Ontario Proposes Amendments to Long-Term Care Sector Regulations

Ontario’s Ministry of Long-Term Care has tabled a proposal to amend Regulation 246/22 made under the Fixing Long-Term Care Act, 2021. The proposed amendments focus on changes to staffing qualifications, medication management and drug administration and overall resident experience. Regulation 246/22 prescribes residents’ rights, plans of care, nursing and personal support services, nutritional care, medical…

Class Action Certified Against the MLTC Respecting COVID-19 Deaths/Illnesses in Long-Term Care Homes

In Robertson v. Ontario, Justice Belobaba of the Ontario Superior Court of Justice recently certified a class proceeding against the Ontario Minister of Long-Term Care (MLTC). The case relates to the deaths or serious illness due to COVID-19 of thousands of residents in provincially regulated long-term care (LTC) homes. Although the class proceeding was certified,…

Bill 26 Passes as Amended, Mandates Post-secondary Institutions to Address Faculty and Staff Sexual Misconduct Towards Students

On December 8, 2022, Bill 26, Strengthening Post-secondary Institutions and Students Act, 2022, as amended, received Royal Assent. We reported on the Bill in our FTR Now of October 28, 2022, Ontario Tables Bill 26 Mandating Post-secondary Institutions to Address Faculty and Staff Sexual Abuse Towards Students in a More Prescriptive Manner. In this FTR…