In Curtis v Medcan Health Management Inc., Justice Perell of the Ontario Superior Court refused to certify a proposed class action related to vacation and statutory holiday pay, finding that a class proceeding would not be the preferable procedure for the resolution of common issues. The Ontario Employment Standards Act (ESA) requires that employees receive…
Practice Area: Employment Law
Extension of the Canada Emergency Wage Subsidy and Introduction of the Canada Recovery Hiring Program – A Summer Refresher
On June 29, 2021, Bill C-30, Budget Implementation Act, 2021, No. 1 (Bill C-30) received Royal Assent, giving effect to many of the initiatives found in the federal government’s 2021 Budget (see our FTR Now of April 23, 2021). Bill C-30 sets out the proposed amendments to the Income Tax Act (ITA) supporting the extension…
Important Updates Regarding the Federal Pay Equity Act, the Canada Labour Code and CLC Regulations
In this Federal Post, we cover recent developments with respect to the federal Pay Equity Act, amendments to the Canada Labour Code (CLC) and highlight the proposed amendments to the CLC Regulations that are currently open for public consultation. Federal Pay Equity Act In Force on August 31, 2021 By: Lucy Wu The federal Pay…
Ontario Moves to Step 2 of Reopening Plan
Effective June 30, 2021, all public health units in Ontario will be permitted to move to Step 2 of the province’s Roadmap to Reopen. Once this occurs, all public health units in the province will be subject to the conditions established by O. Reg. 263/20, Rules for Areas in Step 2, as amended by O….
Amendments Made to the Exemptions under the Police Record Checks Reform Act, 2015
On June 17, 2021, the Ontario government filed O. Reg. 477/21 which amends O. Reg. 347/18 “Exemptions” (Regulation) made under the Police Record Checks Reform Act, 2015 (Act). The amendments are of particular interest to police services and employers who use police record checks to assist in determining suitability for employment. Police services will be…
Court Rules that Calculation of Severance Under ESA is not Limited to Ontario Payroll
In Hawkes v Max Aicher, the Divisional Court set aside an Ontario Labour Relations Board (OLRB) decision and found that the calculation of payroll for the purposes of determining an employee’s severance entitlement under the Employment Standards Act, 2000 (ESA) should be based on the combined payroll of the Ontario employer and its global parent…
Federal Government Designates September 30 as Public Holiday for National Day for Truth and Reconciliation
On June 3, 2021, Bill C-5, An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation), received Royal Assent. It officially designates September 30 of each year as National Day for Truth and Reconciliation. This marks a new public holiday under the Canada Labour Code (Code).
Court Finds IDEL Regulation Under ESA Precludes Constructive Dismissal Claim at Common Law
In Taylor v. Hanley Hospitality Inc., the Ontario Superior Court considered the interaction between the Infectious Disease Emergency Leave regulation (IDEL Regulation) made under the Employment Standards Act, 2000 (ESA) and a claim for constructive dismissal at common law. It held that the IDEL Regulation precludes a constructive dismissal claim where employees’ hours are reduced…
Ontario to Enter Step 1 of Reopening on June 11, 2021
The Ontario government has announced that effective June 11 at 12:01 a.m., all regions of the province will enter Step 1 of its Roadmap to Reopen as the COVID-19 cases slowly begin to drop and the vaccination rates increase.
British Columbia Supreme Court Finds CERB Amounts Should Be Deducted from Wrongful Dismissal Damages
On May 28, 2021, the British Columbia Supreme Court (Court) released its decision in Hogan v. 1187938 B.C. Ltd., finding that the plaintiff had been constructively dismissed after being temporarily laid off at the outset of the COVID-19 pandemic by the defendant, which operated a car dealership (Dealership). The plaintiff was laid off on March…