2095 Results

Ontario Court Confirms that “Location Matters” in Charter Claims

In  Thain v. Pattison Outdoor Advertising LP, the Ontario Superior Court of Justice stayed an Ontario resident’s freedom of expression claim under the Canadian Charter of Rights and Freedoms (Charter), finding that the Court lacked jurisdiction over the subject matter of the litigation and that “[t]he interests of justice overwhelmingly favour Manitoba as the appropriate and…

Colleges and Universities: Who is the Health Information Custodian under PHIPA?

This is a short note to our college and university clients – all of whom provide various services to their communities that are properly characterized as “health care” and therefore governed by the Personal Health Information Protection Act. Recent amendments to PHIPA give rise to questions about personal health information governance and the proper identity…

CRTC Decision Provides Important Guidance on Anti-Spam Legislation

A recent compliance and enforcement decision of the Canada Radio-television and Communications Commission (Decision 2017-368) under Canada’s Anti Spam legislation (Act) provides useful guidance for organizations seeking to rely on the Act’s “business-to-business” exclusion, or implied consent, to send commercial electronic messages (CEMs). It also has significant implications for any organization making representations to the…

Deadline for Submissions on Exemptions under ESA Extended

As we previously reported, the Ontario government is seeking input on the following occupations currently exempted under the Employment Standards Act, 2000 (ESA): Architects Domestic Workers, Homemakers and Residential Care Workers IT Professionals Managerial and Supervisory Employees Pharmacists Residential Building Superintendents, Janitors and Caretakers The exclusion of domestic workers under the Labour Relations Act, 1995…

WSIB Rate Framework Policy Consultation Extended (Again)

As we previously reported, the Workplace Safety and Insurance Board launched a public consultation on draft policies for the new Rate Framework, which is scheduled to be implemented on January 1, 2020. In October 2017, the deadline for submissions for the Rate Framework Policy Consultation was extended to December 5, 2017. The deadline for submissions…

AODA Compliance: Are You Ready to File Your Report?

All organizations in Ontario employing at least one employee are required to comply with a series of requirements under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) standards and regulations. For organizations with 20 or more employees, the next mandatory reporting deadline is December 31, 2017. Learn more about your pending and future AODA compliance obligations and our AODA Compliance Checklist for employers in this FTR Now.

Court of Appeal Considers Continuity of Employment Where Employer Purchased Some Assets of Former Employer

In Krishnamoorthy v. Olympus Canada Inc., the Ontario Court of Appeal recently considered the issue of continuity of an employee’s employment following the sale of a business, and in particular, where the sale of business involves the acquisition of only some of the vendor company’s assets. The plaintiff, Krishnamoorthy, became employed with Carsen Group in…