Effective January 1, 2010, the Rules of Civil Procedure governing all civil litigation matters brought in the Superior Court of Ontario will come into force. This FTR Now highlights some of the key changes that will impact the manner in which employment-related actions are litigated, including wrongful dismissal claims, constructive dismissal claims, and claims for…
Industry: Manufacturing
Ban on Hand-Held Devices And Display Screens Starts In October
In our FTR Now of September 24, 2009, “Cell Phone and Blackberry Restrictions For Drivers Are Coming Into Force: Is Your Workplace Ready?,” we provided you with a detailed overview of the new legislation restricting the use of hand-held mobile technology devices and presence of display screens while driving. Yesterday, the Ontario Government announced that…
Recent Developments under the AODA
It was a busy summer of new developments under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”), several of which employers and other organizations should note: the “Initial Proposed Accessible Built Environment Standard” was released for public comment; the “Final Proposed Accessible Information and Communications Standard” was submitted to the Minister for approval; the…
Ontario Government Introduces Workplace Violence Legislation
On April 20, 2009, the Ontario Government introduced amendments to the Occupational Health and Safety Act (Act) to address workplace violence and harassment. If passed, Bill 168, the Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace), 2009, would require employers to develop policies to address workplace violence and harassment and to…
Ontario Government Announces Pension Funding Relief
Spurred on by the current economic unrest, the Ontario Government announced yesterday that it will introduce legislation in early 2009 to provide pension plans with solvency funding relief. Following on the heels of the release of the Report of the Expert Commission on Pensions, the proposed temporary solvency relief is intended to better ensure the…
Enjoying a Safe Holiday Season
The holiday season is once again upon us. While some employers may be scaling back on festivities this year, it remains as important as ever that employers take proactive steps to ensure the health and safety of their employees who attend office parties or other celebrations. Over the years, a number of court decisions have…
The Supreme Court Weighs in on the Obligations of Departing Employees
The Supreme Court of Canada has confirmed that there is an implied obligation of good faith owed by employees to their employers. In a decision released yesterday, RBC Dominion Securities Inc. v. Merrill Lynch Canada Inc., the Court found that a manager of investment advisors breached his duty of good faith when he orchestrated a…
Religious Accommodation: Tribunal Finds Two Paid Days of Religious Leave Not Required
INTRODUCTION On September 3, 2008, Vice-Chair Sherry Liang of the Human Rights Tribunal of Ontario issued a very helpful decision in Markovic v. Autocom Manufacturing Ltd., 2008 HRTO 64. The Autocom decision provides some much-needed clarification concerning the accommodation of religious observances. Of particular interest, the Tribunal rejected the Ontario Human Rights Commission’s long-held policy…
Protect Your Domain Name from Rogue Departing Employees
We have recently helped a number of our clients retain and regain control of registered domain names that have either been threatened or taken by departing employees. We suggest you take steps to control against this risk. WHAT’S IN A NAME? A domain name may seem like a simple piece of intellectual property, but once…
Honda Canada Inc. v. Keays: The Supreme Court of Canada Strikes Down Landmark Damages Award
INTRODUCTION It is difficult to recall an employment law case which has generated as much interest, or created as much debate, as the litigation between Kevin Keays and his former employer, Honda Canada Inc. The trial decision, which was released in 2005, created a shockwave within the employer community, with its blistering critique of Honda’s…