In Thain v. Pattison Outdoor Advertising LP, the Ontario Superior Court of Justice stayed an Ontario resident’s freedom of expression claim under the Canadian Charter of Rights and Freedoms (Charter), finding that the Court lacked jurisdiction over the subject matter of the litigation and that “[t]he interests of justice overwhelmingly favour Manitoba as the appropriate and…
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Setting up Shop in Canada? What U.S. Employers Need to Know About Canadian Human Rights Law
While Canada and the United States are alike in many respects, there are a few key differences in human rights law that U.S. employers should be aware of if you are considering buying, selling or operating a business in Canada.
Hicks Morley Recognized as a Leading Firm by Legal 500 Canada 2018
Hicks Morley has been recognized as a leader in the fields of Labour and Employment and Pensions law by the Legal 500 Canada 2018 guide. Highlighted by clients as “at the top of its field,” Hicks Morley “has the depth and experience to respond quickly with a complete view of the alternatives and risks.”
CRTC Decision Provides Important Guidance on Anti-Spam Legislation
A recent compliance and enforcement decision of the Canada Radio-television and Communications Commission (Decision 2017-368) under Canada’s Anti Spam legislation (Act) provides useful guidance for organizations seeking to rely on the Act’s “business-to-business” exclusion, or implied consent, to send commercial electronic messages (CEMs). It also has significant implications for any organization making representations to the…
Deadline for Submissions on Exemptions under ESA Extended
As we previously reported, the Ontario government is seeking input on the following occupations currently exempted under the Employment Standards Act, 2000 (ESA): Architects Domestic Workers, Homemakers and Residential Care Workers IT Professionals Managerial and Supervisory Employees Pharmacists Residential Building Superintendents, Janitors and Caretakers The exclusion of domestic workers under the Labour Relations Act, 1995…
WSIB Rate Framework Policy Consultation Extended (Again)
As we previously reported, the Workplace Safety and Insurance Board launched a public consultation on draft policies for the new Rate Framework, which is scheduled to be implemented on January 1, 2020. In October 2017, the deadline for submissions for the Rate Framework Policy Consultation was extended to December 5, 2017. The deadline for submissions…
Court of Appeal Considers Continuity of Employment Where Employer Purchased Some Assets of Former Employer
In Krishnamoorthy v. Olympus Canada Inc., the Ontario Court of Appeal recently considered the issue of continuity of an employee’s employment following the sale of a business, and in particular, where the sale of business involves the acquisition of only some of the vendor company’s assets. The plaintiff, Krishnamoorthy, became employed with Carsen Group in…
Setting up Shop in Canada? What U.S. Employers Need to Know About Canadian Labour Law
While Canada and the United States are alike in many respects, there are a few key differences in labour law that U.S. employers should be aware of if you are considering buying, selling or operating a business in Canada…
Bill 177 Introduces Transitional Provisions for WSIB Mental Stress, Increased Fines under OHSA
On November 14, 2017, the Ontario government introduced Bill177, the Stronger, Fairer Ontario Act (Budget Measures), 2017, omnibus legislation which, if passed, would amend several employment-related statutes. In this FTR Now, we discuss the proposed changes to the Workplace Safety and Insurance Act, 1997 and the Occupational Health and Safety Act.
More Changes to Bill 148 after Second Committee Review
On November 16, 2017, the Standing Committee on Finance and Economic Affairs (the Committee) adopted significant amendments to Bill 148, the Fair Workplaces, Better Jobs Act, 2017 (Bill 148). These amendments are in addition to amendments the Committee made in August of this year after First Reading of Bill 148, and are expected to be adopted by the Legislature in the near future.