On January 30, 2014, the Ontario government announced that the general minimum wage will increase from $10.25 to $11 per hour, effective June 1, 2014. This regulatory change is intended to reflect the increase in the Consumer Price Index (“CPI”) since the last minimum wage increase, which occurred in 2010. A list of the new minimum…
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Mere compliance with OHSA order not a mitigating sentencing factor, says Ontario Court of Appeal
Flex-N-Gate, an automobile parts manufacturer, was charged under the Occupational Health and Safety Act (“OHSA”) after a worker badly injured her foot while unbundling 5200 bounds of metal sheets. At the time of the accident the injured worker was following company procedure. A Ministry of Labour (“MOL”) inspector investigated the accident and issued two orders…
2014 Winter Edition
FOCUS ON SOCIAL SERVICES Balancing interests – legal challenges in the social services sector LEGAL DEVELOPMENTS The changing status of family status Workplace investigations: avoiding common pitfalls PROFILE Class act Download PDF
Paul Broad Quoted in Canadian Lawyer Magazine
Hicks Morley’s Paul Broad was quoted in the January 6, 2014 edition of Canadian Lawyer magazine in an article entitled “Bill 146 may be much ado about nothing.” The article discusses Bill 146, which proposes changes in statutes with respect to the regulation of temporary, unpaid, and foreign worker groups. If the Bill passes, Paul…
Expanded OLRB Power to Consider Bill 168 Workplace Harassment Reprisal Complaints
Based on two decisions rendered late last month, the Ontario Labour Relations Board (“OLRB” or “Board”) has expanded the scope of the Board’s authority to consider complaints arising from the Bill 168 workplace harassment amendments to the Occupational Health and Safety Act (“OHSA” or “Act”). This moves away from the Board’s decision in Confortia v….
Ontario Passes Employer Health Tax Act Amendments, Royal Assent Granted
On December 12, 2013, the Ontario government passed Bill 105, the Supporting Small Businesses Act, 2013. As previously reported, the Bill amends 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 five years…
Application of “Family Status” Considered by the Canadian Human Rights Tribunal
Canadian human rights tribunals have, of late, been rendering decisions which examine the reach of “family status” as a prohibited ground of discrimination. Recently, the Canadian Human Rights Tribunal (the “Tribunal”) examined a case that involved eldercare responsibilities the applicant had for his mother-in-law. It found that the eligibility rules of the employer’s Relocation Directive…
Alberta Employer Fined in Calf-Roping Machine Fatality Case
As we previously reported, an Alberta company was found liable by the Alberta Court of Appeal for failing to ensure the safety of its employees in the operation of a faulty calf-roping machine, rented from a third party for use at a client event. One of the employees was fatally struck by that malfunctioning machine….
Canadian Human Rights Tribunal Extends “Family Status” Protection to Care for Mother-in-Law
In a recent decision of the Canadian Human Rights Tribunal (the “Tribunal”), Hicks v. Human Resources and Skills Development Canada, the Tribunal found that “family status” protection under the Canadian Human Rights Act (the “Act”) can extend to eldercare responsibilities for “in-laws.” The Complainant was employed by Human Resources and Skills Development Canada (“HRSDC”) when…
Raising the Bar – Seventh Edition
We are very pleased to bring you the final issue of Raising the Bar for 2013. We wish you all the best for the new year and we look forward to keeping you up to date on the latest legal developments in 2014. In this issue, we shine a light on the law of relevance,…