The British Columbia Court of Appeal recently clarified the meaning and scope of the term “family status” in Envirocon Environmental Services, ULC v. Suen. This case confirmed the Campbell River test, which imposes a higher standard for establishing discrimination than the often-cited Federal Court of Appeal test in Johnstone, adding to the “family status” interpretation…
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Proposed Workplace Law Reforms in Bill 66 Now at Committee – Note Short Deadlines
On March 6, 2019, Bill 66, Restoring Ontario’s Competitiveness Act, 2019, was referred to the Standing Committee on General Government. The Committee will hold public hearings on the Bill in Toronto on Monday, March 18, 2019, from 9 a.m. to 10 a.m. and from 2 p.m. to 6 p.m. The deadline to submit requests to…
Federal Government Considering Equal Pay Protection for Employees in Air Transportation Sector
The Labour Program of the federal government is seeking input on the development of a regulation under section 47.3 of the Canada Labour Code (Successive Contracts for Services) which currently applies only to contract pre-board security services employees. It is proposing extending the application of that equal pay provision to include other federally regulated employees…
A Cautionary Tale: Appellate Court Upholds Judgment Against Employer for Punitive Damages, Aggravated Damages and “Unusually High” Costs
In Ruston v. Keddco MFG. (2011) Ltd., 2019 ONCA 125 (CanLII)(Keddco), a unanimous Court of Appeal for Ontario upheld a substantial damages and costs award against an employer that breached its “duty of good faith and fair dealing in the manner of dismissal.” The Keddco decision serves as an important reminder for employers across Canada…
Five Hicks Morley Lawyers Recognized in Who’s Who Legal: Employment, Labour and Benefits 2019
Hicks Morley is proud to announce that five of the firm’s lawyers are recognized by the Who’s Who Legal: Labour, Employment & Benefits 2019 annual international compendium of lawyers.
Notice of Intended Decision Considers Whether Vacation Pay Forms Part of Pensionable Earnings
The Ontario Superintendent of Financial Services (Superintendent) issued a Notice of Intended Decision (NOID) in late 2018 that considered whether vacation pay should be factored into a pension plan’s definition of pensionable earnings. The NOID indicates that, in the absence of clear exclusionary language, the Superintendent will interpret the phrase “base pay” to include vacation…
AODA Compliance Checklist
All organizations in Ontario which employ at least one employee are required to comply with a series of requirements under the standards established by the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) and the regulations promulgated under it. In this Checklist, we provide a general overview of an organization’s AODA compliance obligations, along with checklists to assist you in assessing your degree of compliance and the anticipated timing for future compliance deadlines.
Appellate Court Upholds GSB Decision that Appropriate Jurisdiction to Adjudicate Mental Stress Claim is under WSIA
The Divisional Court has upheld a decision of the Grievance Settlement Board (Board) that found that it did not have jurisdiction to award damages as a remedy for grievances alleging workplace bullying and harassment as the alleged injuries would be compensable under the Workplace Safety and Insurance, 1997 (WSIA). In Ontario Public Service Employees Union…
Benefits Canada Publishes an Article by Thomas Agnew on Employment and Labour Legislation Changes in Ontario
Hicks Morley’s Thomas Agnew authored an article in Benefits Canada titled “A Summary of Ontario’s Changing Employment and Labour Legislation.” In this article, Thomas summarizes the key ways Bill 47 is changing the previous amendments under Bill 148.
Supreme Court of Canada Grants Appeal in Case Which Considered Constructive Dismissal, Long-Term Incentive Plan Entitlements and Duty of Good Faith
The Supreme Court of Canada has granted leave to appeal from a decision which considered long-term incentive plan entitlements as part of a constructive dismissal claim, and, in the dissent, the duty of good faith and honesty in the performance of employment contacts. In Ocean Nutrition Canada Ltd. v. Matthews, an employee resigned from employment…