Practice Area: Labour Relations

Ontario Court Denies Injunctive Relief Pending Action Challenging Employer’s Vaccination Policy

· 7 min read

On October 29, 2021, Justice Dunphy of the Ontario Superior Court of Justice declined to extend emergency injunctive relief to a group of University Health Network (UHN) employees, seeking reprieve from UHN’s Mandatory COVID-19 Vaccination Policy (Policy) which required employees to either become fully vaccinated against COVID-19 by October 22, 2021, or be terminated from…

Ontario Proposes Significant Changes to Long-Term Care Sector

· 1 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…

Manitoba Court of Appeal Upholds Public Sector Wage Restraint Legislation

· 5 min read

In Manitoba Federation of Labour et al v The Government of Manitoba, the Manitoba Court of Appeal upheld the province’s public sector wage restraint legislation that had previously been ruled unconstitutional. The Court based its decision on the fact that the impugned legislation was broad-based and time-limited, and that it preserved a process of consultation…

Court Confirms Mitigation Efforts Do Not Extend Limitation Period

· 3 min read

In Andrew Scott v. Community Living Temiskaming South, 2021 ONSC 5402, Justice Koke confirmed the importance of bringing employment-related legal claims to the right forum and confirmed that, in the context of claims for constructive dismissal, remaining with your employer to mitigate your damages will not extend the two year limitations period for commencing an…

Ontario Announces Further Extension of Temporary Relief from ESA Termination and Severance Provisions

· 5 min read

Effective September 16, 2021, the Ontario government has extended the temporary relief measures from the termination and severance provisions of the Employment Standards Act, 2000 (ESA) until January 1, 2022. The temporary measures are found in Ontario Regulation 228/20, Infectious Disease Emergency Leave (IDEL Regulation), which has been amended to define the “COVID-19 period” as…

Ontario Introduces Process for WSIB to Recover Overpayments Made to Employers with Respect to Paid IDEL

· 2 min read

On September 3, 2021, the Ontario government filed O. Reg. 637/21 made under the Ontario Employment Standards Act, 2000 (ESA). The regulation sets out the process by which an overpayment made by the Workplace Safety and Insurance Board (WSIB) for paid infectious disease emergency leave (Paid IDEL) may be recovered from an employer. As we…

Ontario Consults on the “Future of Work” as it enters COVID-19 Recovery Phase

· 1 min read

The Ontario government has established a Workforce Recovery Advisory Committee to lead consultations and to provide recommendations on the “future of work” in the province. As stated by the government, the Committee’s recommendations regarding the “future of work” will focus on three pillars: Economic recovery: How to make Ontario the top jurisdiction with a world-class…

Arbitrator Upholds College’s Requirement that Employee be in Receipt of Employment Insurance Benefits to Receive SUB Payments

· 6 min read

In Re Niagara College v. Ontario Public Service Employees Union, Arbitrator Schmidt held that revisions to pregnancy and parental leave provisions in the 2017 – 2021 academic collective agreement did not extend entitlement to Supplementary Unemployment Benefits (SUB) where an employee’s entitlement to employment insurance (EI) benefits had been exhausted. In the 2017 negotiations, the…