Practice Area: Human Rights

Arbitrator Finds Part of LTC Homes’ Mandatory Vaccination Policy Violated Collective Agreement

· 4 min read

On February 7, 2022, Arbitrator Misra issued her decision in Chartwell Housing REIT (The Westmount, The Wynfield, The Woodhaven And The Waterford) and Healthcare, Office And Professional Employees Union, Local 2220 in which she found that the termination consequences of a long-term care home employer’s mandatory vaccination policy violated the collective agreement. Background In late…

In Case You Missed It: Key COVID-19 Cases to Date

· 15 min read

Our recent FTR Now provided an overview of notable “non-pandemic” legal developments from 2021. In this FTR Now, we provide a round-up of key COVID-19 cases, which include decisions on issues such as wrongful dismissal, mandatory vaccination and human rights. These decisions will be of interest to employers and HR professionals as we move forward into…

Further Details Regarding Ontario’s Move to Modified Step 2 of Roadmap to Reopen

· 8 min read

As we previously reported, effective January 5, 2022, all public health units in Ontario have been temporarily moved to modified Rules for Areas in Step 2 of the province’s Roadmap to Reopen. These changes will remain in effect until at least January 26, 2022, subject to “trends in public health and health system indicators.” As a result, all public health units in the province are now subject to the conditions established by O. Reg. 263/20, Rules for Areas in Step 2, as amended by O. Reg. 2/22.

Beyond COVID-19: 2021 Year in Review – Cases and Legislation of Note

· 15 min read

Employers and human resource professionals will undoubtedly remember 2021 as another year shaped by the pandemic. But … there were also legal developments in 2021 that were not related to COVID-19. In this FTR Now, we look at some of the year’s notable “non-pandemic” cases and legislative developments of interest.

Ontario Announces Further Extension of Paid and Deemed Infectious Disease Emergency Leaves

· 4 min read

On December 7, 2021, the Ontario government announced that it would be extending the program that provides eligible employees with up to three days of paid infectious disease emergency leave (Paid IDEL) until July 31, 2022 (previously set to expire December 31, 2021). The government also announced that it would be extending the temporary relief…

Bill 27, Working for Workers Act, Receives Royal Assent

· 1 min read

On December 2, 2021, Bill 27, Working for Workers Act, 2021, received Royal Assent. We reviewed Bill 27 in detail in our FTR Now of October 26, 2021, Ontario Proposes Significant Changes to ESA and Other Employment-Related Legislation, as well as our FTR Now of December 1, 2021, Ontario Passes Bill 27, Working for Workers…

Ontario Passes Bill 27, Working for Workers Act, As Amended at Committee

· 4 min read

On November 30, 2021, the Ontario government passed Bill 27, Working for Workers Act, 2021.

The Bill will amend a number of statutes, including the Employment Standards Act, 2000 (ESA), the Occupational Health and Safety Act and the Workplace Safety and Insurance Act, 1997….

Ontario Proposes Legislative Changes to the Long-Term Care Sector

· 5 min read

On October 28, 2021, the Ontario government announced a substantial overhaul of the long-term care sector in Ontario, following on the report of the Long-Term Care Commission. On the same date, the government tabled Bill 37, Providing More Care, Protecting Seniors, and Building More Beds Act, 2021. If passed, Bill 37 would repeal the current…

Supreme Court of Canada Concludes Arbitrators Can Have Exclusive Jurisdiction Over Human Rights Claims

· 5 min read

In Northern Regional Health Authority v. Horrocks, the Supreme Court of Canada held that the Manitoba Human Rights Commission (Commission) did not hold concurrent jurisdiction over a human rights dispute involving a unionized workplace. Rather, a labour arbitrator held exclusive jurisdiction over the dispute.     In this FTR Now, we provide a summary of Horrocks…