Court of Appeal Upholds Termination of Employee for Driving Company Vehicle While Intoxicated

In Dziecielski v. Lighting Dimensions, the Court of Appeal for Ontario recently upheld an employer’s decision to terminate a long-service employee with an otherwise clean disciplinary record for driving a company vehicle while intoxicated. While driving, the employee had been involved in a car accident and was criminally charged. The lower court had examined the…

Ontario Introduces New Healthcare Legislation to Enhance Patient Care, Pharmacy Safety

On October 10, 2013, the Ontario government introduced Bill 117, Enhancing Patient Care and Pharmacy Safety (Statute Law Amendment) Act, 2013. If passed, this legislation would, among other things: amend the Drug and Pharmacies Regulation Act to allow premises associated with hospitals and health and custodial institutions to be considered “pharmacies” for the purposes of…

Nursing Act Amendment Comes into Force January, 2014

Effective January 1, 2014, section 4.5 of the Nursing Act, 1991 will come into force, adding “dispensing a drug” to the list of authorized acts a member, other than a member described in section 5.1 of the Act (“certain authorized nurses”), is conditionally authorized to perform in the course of engaging in the practice of…

Is Drinking and Driving Cause for Dismissal?

In some circumstances, yes. In the recent decision of Dziecielski v. Lighting Dimensions Inc., the employee drove a company vehicle while intoxicated. He was returning to the workplace from a customer visit and a lunch where he drank four beers, when he was involved in a car accident which destroyed the vehicle and left him…

Leaves to Help Families Act Passes Second Reading

On September 25, 2013, Bill 21, Employment Standards Amendment Act (Leaves to Help Families), 2013 passed Second Reading in the Ontario Legislature and was referred to the Standing Committee on General Government. As previously reported, if passed, Bill 21 would allow eligible employees to take the following job-protected unpaid leaves of absence: Family Caregiver Leave…

Ontario Introduces Bill to Amend the Employer Health Tax Act

On September 24, 2013, the Ontario government introduced Bill 105, Supporting Small Businesses Act, 2013. Among other things, the Bill would, if passed, amend the Employer Health Tax Act to increase the exemption amount for eligible employers to $450,000 for the calendar years 2014 to 2018, after which an exemption amount would be adjusted every…

Ontario Introduces Bill to Protect Students

On September 18, 2013, the Ontario government introduced Bill 103, Protecting Students Act, 2013. If passed, Bill 103 would amend the Ontario College of Teachers Act, 1996 (“Act”) and would, among other things: add definitions of “professional misconduct’ and “sexual misconduct” to the Act establish an investigation stage complaint resolution process and a disciplinary stage…

Ontario Court Upholds Forfeiture-On-Resignation Provision of Equity Incentive Plan

In a decision released on September 12, 2013,[1] the Ontario Superior Court of Justice upheld the enforceability of a provision of an employer’s incentive compensation plan pursuant to which unmatured awards are forfeited upon an employee’s resignation. The Court held that the provision was a permissible loyalty incentive rather than an unlawful restraint on trade….

Parliament Prorogues until October 16th

Upon the request of the Prime Minister, the Governor General officially prorogued Parliament today.  The next session of Parliament is scheduled to begin on October 16, 2013, with a Speech from the Throne.  As described in our previous post – Parliament to be Prorogued – all Government Bills have “died on the Order Paper,” and…