The Ontario Court of Appeal has upheld the decision of a motion judge to strike out a statement of defence as a remedy for repeated failures to comply with judicial orders to produce requested relevant documents. In Falcon Lumber Limited v. 2480375 Ontario Inc. (GN Mouldings and Doors), the Court articulates the core principles and…
Practice Area: Litigation
Access To and Use of PPE Governed by CMOH Directive 5: An Inherent Balancing Act Confirmed by Arbitrator Stout
In an award dated May 4, 2020, Arbitrator Stout addressed, among other things, critical aspects of the CMOH’s Directives respecting access to and use of personal protective equipment (PPE). In this HR HealthCheck, we provide an overview of this significant award (Award), a decision of notable impact to health care providers and health care workers alike, in both the Hospital and Long-Term Care sectors.
COVID-19 and Workplace Preparedness
Health officials in Canada have stated that the risk of contracting COVID-19 remains very low. That said, in recent weeks the virus has been top of mind for many, including employers. In this FTR Now, we discuss workplace pandemic planning and operational issues employers should be anticipating in the unlikely event of an outbreak.
Federal Government Clarifies Scheduling Requirements for On-Call Employees, Seeks Submissions on Hours of Work Requirements
The federal Labour Program has been holding consultations on the scheduling and hours of work provisions in the Canada Labour Code (Code) that came into force on September 1, 2019. The first round of consultations took place in the fall of 2019.
Management Rights, Sick Leave under HOODIP and More
In our first HR Healthcheck of 2020, we discuss two cases you need to know about. The first deals with whether a scheduled medical procedure under conscious sedation falls within the “sick leave” provisions of HOODIP. The second case considers management rights under the central CUPE collective agreement and a Hospital’s right to transfer employees.
Modernizing Federal Labour Standards, and More
In this Federal Post, we look at the recently released study on modernizing labour standards in the federally regulated private sector, the second such study in the last few years.