865 Results

WSIA Amendments Imposing Costs for Workplace Accidents on Clients of Temporary Help Agencies Still Awaiting Proclamation

In 2014, the Workplace Safety and Insurance Act, 1997 (WSIA) was amended by Bill 18, the Stronger Workplaces for a Stronger Economy Act, 2014, to enact a broad regulation-making power with respect to injuries incurred by temporary help agency assignment employees who are injured while working for a client of the agency. Specifically, the injury…

Appellate Court Finds Employee Entitled to Bonus Which Vested after the End of the Notice Period

In Bain v. UBS Securities Canada Inc., the Ontario Court of Appeal upheld a lower court decision which awarded an employee who was dismissed without cause in February 2013 his bonus entitlements for 2012 and the first three months of 2013, as well as for the 18-month notice period. David Bain worked for UBS as…

Reminder: Equal Pay for Equal Work Provisions in Force April 1, 2018

On April 1, 2018, amendments to the Employment Standards Act, 2000 regarding equal pay for equal work will come into force. Among other things, the provisions prohibit employers from paying different rates of pay to their employees because of a difference in employment status, where the employees perform substantially the same kind of work in…

Canadian Employment Safety and Health Guide Publishes an Article by Allison MacIsaac on the Scope of Occupational Health and Safety Obligations

Hicks Morley’s Allison MacIsaac authored an article in Canadian Employment Safety and Health Guide titled “Appellate Court Considers Scope of an Employer’s OHSA Obligations to Protect Workers.” The article discusses the Ontario (Labour) v. Quinton Steel (Wellington) Limited case where an appellate court recently overturned a decision acquitting a company which had been charged following a workplace fatality, where they found that employer should have done more to protect its workers than what is prescribed under the Occupational Health and Safety Act.

Ontario Court Finds Investment Firm Liable for Defamation in a Notice Of Termination Filed with IIROC and Orders Correction

The Ontario Superior Court has found that an investment firm defamed one of its former traders when it filed a Notice of Termination (NOT) with the securities regulator indicating the trader’s employment had been terminated for failing to follow trading policies and engaging in unauthorized trading. The Court concluded that there was no cause for…

Uber Driver Class Action Stayed Due to Arbitration Clause

A recent decision of the Ontario Superior Court provides an important update and clarification on the applicability of arbitration clauses in a case where employment status is challenged. In Heller v. Uber Technologies Inc., the Court stayed a class action filed by a plaintiff on behalf of his fellow class members, Uber Drivers, against Uber…

Appellate Court Upholds Criminal Conviction of Project Manager for Deaths/Injury Resulting from Swing Stage Collapse

In R. v. Kazenelson, the Ontario Court of Appeal recently upheld the conviction and the sentence imposed on a project manager who had been found guilty under the Criminal Code for criminal negligence causing death and criminal negligence causing bodily harm, arising from the collapse of a swing stage in 2009. The appellant project manager…

The Right to Be Forgotten Comes to Canada

On January 26, 2018, the Office of the Privacy Commissioner of Canada issued a new position on the protection of online reputation. In doing so the OPC recognized a right to have personal information de-indexed from search engine results if it is inaccurate, incomplete or out-of-date. Although the position is in draft, is nonetheless of…

Ontario Court of Appeal Rules (Again) on the Enforceability of an ESA-Only Termination Clause

The Ontario Court of Appeal has once again considered a minimum entitlements clause in an employment contract and ruled it to be generally enforceable. In Nemeth v Hatch Ltd., an employee with 19 years service was dismissed with 8 weeks’ notice of termination and 19.42 weeks’ salary as severance pay, as well as continued benefits…