Practice Area: Employment Law

New Cannabis Legislation Tabled by Ontario Government

· 1 min read

On September 27, 2018, the Ontario government tabled Bill 36, the Cannabis Statute Law Amendment Act, 2018. If passed, Bill 36 will enact the Cannabis Licence Act, 2018 and will make amendments to the Cannabis Act, 2017, the Ontario Cannabis Retail Corporation Act, 2017 and the Smoke-Free Ontario Act, 2017, as well as consequential amendments…

Early Effective Date Announced for New Federal Parental Sharing Benefit

· 2 min read

The government has announced that the new federal Parental Sharing Benefit will launch on March 17, 2019. As we previously reported, the 2018 federal Budget (Budget) proposed to establish an additional Parental Sharing Benefit with the goal of encouraging parents to share Employment Insurance (EI) benefits. The intended goal of this reform was to allow…

Welcome Back to School!

· 14 min read

With this edition of our School Board Update, we’d like to welcome you back to a new school year. In this Update, we discuss a recent policy of the Ontario Human Rights Commission with respect to accessing education for students with disabilities, which notes that while advances have been made in this area, there is still much work to be done.

Court Upholds ESA-Only Termination Clause Which Did Not Expressly Mention Benefits

· 4 min read

The Ontario Superior Court of Justice recently upheld a termination clause in an employment contract which limited entitlements upon termination to the minimum available under the Employment Standards Act, 2000 (ESA) but which did not make explicit reference to the continuation of benefits during the statutory notice period. In Burton v. Aronovitch McCauley Rollo LLP,…

Federal Government Reviewing Consultation Feedback on Modernizing the Canada Labour Code

· 2 min read

On August 30, 2018, the federal government published “What We Heard: Modernizing Federal Labour Standards” (Report), in which it reviews the results of a ten-month consultation process with employers, unions, employees, academics and other stakeholders on modernizing the Canada Labour Code (Code) to better reflect the needs of a 21st century workforce.

Federal Government Launches Public Consultation on Proposed Changes to Harassment and Violence Provisions of the Canada Labour Code

· 2 min read

Employment and Social Development Canada (ESDC) has launched a public consultation on the proposed regulatory framework to be implemented in support of Bill C-65, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1. Bill C-65 was tabled in…

Court of Appeal Outlines Key Principles On Suspending Employees With and Without Pay

· 6 min read

In Filice v. Complex Services, the Ontario Court of Appeal provided valuable guidance regarding constructive dismissal, investigative suspensions of employees without pay and proper damages assessments. The plaintiff/respondent in appeal was employed by Complex Services (the defendant/appellant) as a Security Shift Supervisor at Casino Niagara and Fallsview Casino. All employees in the Casino’s Security Department…

Court Holds Judicial Review Not Available in Broader Public Sector Compensation Restraint Challenge

· 4 min read

The Divisional Court recently issued an important decision, Association of Professors of the University of Ottawa v. University of Ottawa, with respect to the ability of a union to challenge a university’s determination of compensation payable to its non-unionized employees on the basis that the determination is contrary to the Broader Public Sector Accountability Act,…