Ontario’s Ministry of Long-Term Care has tabled a proposal to amend Regulation 246/22 made under the Fixing Long-Term Care Act, 2021. The proposed amendments focus on changes to staffing qualifications, medication management and drug administration and overall resident experience. Regulation 246/22 prescribes residents’ rights, plans of care, nursing and personal support services, nutritional care, medical…
Industry: Healthcare
Ontario Arbitrator Finds National Day of Mourning Not a Holiday under Collective Agreements
An Ontario arbitrator has found that the “National Day of Mourning” on September 19, 2022 was not a “holiday” within the meaning of the collective agreements in issue as that day was not “proclaimed” to be a holiday by a legislative process. The Prime Minister declared September 19, 2022 to be a National Day of…
Beyond COVID-19: 2022 Year in Review – Cases and Legislation of Note
Employers and human resource professionals will undoubtedly remember 2022 as another year shaped by the pandemic.
But…there were also legal developments in 2022 that were not related to COVID-19. In this FTR Now, we look at some of the past year’s notable “non-pandemic” cases and legislative developments.
Class Action Certified Against the MLTC Respecting COVID-19 Deaths/Illnesses in Long-Term Care Homes
In Robertson v. Ontario, Justice Belobaba of the Ontario Superior Court of Justice recently certified a class proceeding against the Ontario Minister of Long-Term Care (MLTC). The case relates to the deaths or serious illness due to COVID-19 of thousands of residents in provincially regulated long-term care (LTC) homes. Although the class proceeding was certified,…
Ontario Launching 2023 Budget Consultations
On December 8, 2022, the Ontario government announced that it is launching consultations for the 2023 Budget. The announcement states that the government is “seeking ideas from workers, families, business owners and communities on what they need and what they want to see in the 2023 Budget.” In-person consultations will be held across the province…
Employment Insurance Sickness Benefits Increase to 26 Weeks
The amendments contained in Bill C-30, Budget Implementation Act, 2021, No. 1, which permanently extend the maximum number of weeks available under employment insurance (EI) sickness benefits, have been proclaimed into force effective December 18, 2022. In this FTR Now we consider this development and its implications for employers. Extension from 15 to 26 Weeks…
COVID-19 Year-End Edition
As we near the end of 2022, we reflect back on a year filled with virtual environments, increased connections and a renewed focus on wellness as we made it through another year since the COVID-19 pandemic began in 2020. The pandemic has had a broad-ranging impact on employment law since March 2020. To wrap up…
Ontario Court Rules Bill 124 is Unconstitutional – What Now?
In a decision dated November 29, 2022, Justice Koehnen of the Ontario Superior Court of Justice found that Bill 124, Protecting a Sustainable Public Sector for Future Generations Act, 2019 (the Act or Bill 124) substantially interfered with the applicant unions’ section 2(d) freedom of association rights under the Canadian Charter of Rights and Freedoms…
Court Finds Bill 124 to Be Unconstitutional
On November 29, 2022, the Ontario Superior Court of Justice rendered its decision in Ontario English Catholic Teachers Assoc. v. His Majesty. The Court found that the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (commonly referred to as Bill 124) is contrary to section 2(d) (freedom of association) of the Canadian Charter…
Court of Appeal Denies Injunction Relating to Mandatory Vaccination Policy
The Ontario Court of Appeal recently released its reasons in National Organized Workers Union v. Sinai Health System. The Court dismissed the appeal brought by the National Organized Workers Union (Union) of an Ontario Superior Court decision which refused to stay the implementation of the workplace COVID-19 vaccination policy (Policy) of Sinai Health System (Sinai…