In one of its final decisions of 2020, C.M. Callow Inc. v. Zollinger, the Supreme Court of Canada held that parties to any and all contracts (which would include employment contracts) cannot lie or otherwise knowingly deceive each other about matters directly linked to the performance of the contract. This type of deceptive conduct is…
Practice Area: Employment Law
Beyond COVID-19: 2020 Year in Review – Cases and Legislation of Note
Employers and human resource professionals will undoubtedly remember 2020 as the “year of the pandemic.” But … there were also legal developments in 2020 that were not related to COVID-19. In this FTR Now, we look at some of the year’s notable “non-pandemic” cases and legislative developments of interest. We also identify some decisions and…
Temporary Relief from ESA Termination and Severance Pay Obligations for Hospitality and Related Industries
On December 17, 2020, the Ontario government filed a new regulation under the Employment Standards Act, 2000 (ESA), Ontario Regulation 764/20: Terms And Conditions Of Employment In Defined Industries – Hospitality, Tourism And Convention And Trade Show Industries (Regulation). As stated by the government, the Regulation provides certain employers with an alternative to putting termination…
Ontario Government Announces Extension of Temporary Relief from ESA Termination and Severance Provisions
Effective December 17, 2020, the Ontario government has extended the temporary relief measures from the termination and severance provisions of the Employment Standards Act, 2000 (ESA) until July 3, 2021. The temporary measures are found in Ontario Regulation 228/20, Infectious Disease Emergency Leave (IDEL Regulation), and had been set to expire January 2, 2021. The…
New Administrative Monetary Penalties under Canada Labour Code Coming into Force on January 1, 2021
On January 1, 2021, the new Part IV “Administrative Monetary Penalties” of the Canada Labour Code (Code) will come into force together with other amendments to the Code. Part IV Administrative Monetary Penalties Part IV was enacted by Bill C-44, Budget Implementation Act, 2017, No. 1. Among other things, Part IV: establishes a penalty system…
Ontario Seeking Input on Temporary Help Agency Consultations
The Ontario government is seeking input from interested parties on a broad range of questions relating to temporary agencies and their obligations under the Employment Standards Code, 2000 (ESA). In this regard, it has posted Temporary Help Agency Consultations. The consultations focus on the non-compliance of those temporary help agencies that operate “underground”, putting “law-abiding…
Bill Relating to Daylight Savings Time Passes in Ontario Legislature – Not Yet in Force
On November 30, 2020, Bill 214, Time Amendment Act, 2020, a Private Member’s Bill, received Royal Assent. It has not yet been proclaimed into force. If proclaimed into force, the Bill would amend the Time Act to make the time now called “daylight savings time” the “standard time” year round. In addition, the Bill would…
Adjusting to Ontario’s New Colour-Coded COVID-19 Zones
The Ontario government has enacted new regulations that amend the Rules for Areas in Stage 2 and 3. The regulations aim to implement the recently announced reopening framework. The regulations:
Ontario Releases New Framework for COVID-19 Public Health Restrictions
On November 3, 2020, the Ontario government released its COVID-19 Response Framework: Keeping Ontario Safe and Open (Framework) which the government states “will serve as an early warning system allowing [it] to scale up and scale back public health restrictions on a regional or community basis in response to surges and waves of COVID-19.” The Framework will apply to businesses and organizations that operate within the applicable public health units, and it also contains sector-specific health and safety measures.
Supreme Court Finds Inability of Pension Plan Members to “Buy Back” Full Pension Credit for Job-Sharing Service to be Unconstitutional
On October 16, 2020, the Supreme Court of Canada released its decision in Fraser v. Canada (Attorney General). Justice Abella, writing for the majority, held that the inability of members who participated in a job-sharing program to “buy back” pension credits under the employer’s pension plan amounted to discrimination on the basis of sex, contrary to s. 15(1) of the Charter of Rights and Freedoms. In separate dissenting reasons, Justices Brown and Rowe on the one hand and Justice Côté on the other held that the appeal ought to have been dismissed, although for different reasons.