The Year in Review – Notable Cases of 2024

Welcome to our annual review of notable cases over the past year that we believe will be of interest to employers and human resources professionals. We also identify some cases to watch out for in 2025. Next week, we will bring you our review of the notable legislative updates from 2024.

Federal Court of Appeal Upholds Mandatory Nuclear Industry Alcohol and Drug Testing Requirements for Workers in “Safety-Critical” Positions

In a significant ruling for employers in safety-sensitive industries, the Federal Court of Appeal has upheld the constitutional validity of mandatory pre-placement and random alcohol and drug testing requirements for safety-critical positions at Class I nuclear facilities. The decision in Power Workers’ Union et al v Attorney General of Canada, Ontario Power Generation, Bruce Power,…

Ontario’s Working for Workers Six Act, 2024 Receives Royal Assent

On December 19, 2024, Ontario’s Working for Workers Six Act, 2024  (Bill 229) received Royal Assent. Bill 229 amends several statutes including the Employment Standards Act, 2000, the Occupational Health and Safety Act and the Workplace Safety and Insurance Act, 1997. Key amendments of particular interest to employers are addressed below. Employment Standards Act, 2000 (ESA) The following…

Ontario Court of Appeal Dismisses Appeal in Dufault, Upholds Finding That “For Cause” Language in Termination Provision Contravened ESA

In Dufault v. Ignace (Township), the Ontario Court of Appeal reinforced and applied the principle established in Waksdale v. Swegon North America Inc. (Waksdale) that, when interpreting an employment agreement, all termination provisions must be read together and the invalidity of one termination provision renders all termination provisions void and unenforceable. In rendering its decision,…

Highlights from the Federal Government’s 2024 Fall Economic Statement

On December 16, 2024, the federal government issued its 2024 Fall Economic Statement. The Statement covers a wide array of initiatives including several proposals that, if they were to be implemented, will be of interest to employers, human resources professionals and pension plan administrators. Early Retirement Benefits in the Public Service The government has proposed…

Ontario Government Introduces Municipal Accountability Act, 2024

On December 12, 2024, the Ontario government introduced Bill 241, Municipal Accountability Act, 2024 (Bill 241). If passed, this proposed legislation would provide the government with the ability to establish a standardized provincial code of conduct for municipalities. Bill 241 also expands the oversight powers of the Integrity Commissioner of Ontario and creates new mechanisms…

Ontario Introduces the More Convenient Care Act, 2024

On December 2, 2024, the Ontario government introduced the More Convenient Care Act, 2024 (Bill 231). Of particular significance to health care employers and temporary help agencies is new legislation proposed by Bill 231 that would require greater transparency on the use of third-party staffing providers in the health care industry. If passed, Bill 231…

Federal Government Publishes Technical Amendments to the Income Tax Regulations Impacting Pension Plans and Employee Stock Option Plans

On December 4, 2024, the federal government published technical amendments to the Income Tax Regulations in the Canada Gazette. These technical amendments will implement measures that were initially released for public consultation in August 2022 and August 2023, and many will be retroactively coming into force as of their respective date of announcement (or earlier)….

Ontario Invites Comments on Proposed Changes to Employment Standards Act, 2000 Leave Provisions

On December 3, 2024, Ontario’s government announced that it is seeking feedback on important amendments proposed to the Employment Standards Act, 2000 (ESA) if the Working for Workers Six Act, 2024 (Bill 229) passes. As discussed in our FTR Now of November 28, 2024, Bill 229 would: The government is inviting comments on these proposed…