Practice Area: Employment Law

British Columbia Supreme Court Finds CERB Amounts Should Be Deducted from Wrongful Dismissal Damages

· 4 min read

On May 28, 2021, the British Columbia Supreme Court (Court) released its decision in Hogan v. 1187938 B.C. Ltd., finding that the plaintiff had been constructively dismissed after being temporarily laid off at the outset of the COVID-19 pandemic by the defendant, which operated a car dealership (Dealership). The plaintiff was laid off on March…

Ontario Announces Further Extension of Temporary Relief from ESA Termination and Severance Provisions

· 5 min read

Effective June 4, 2021, the Ontario government has extended the temporary relief measures from the termination and severance provisions of the Employment Standards Act, 2000 (ESA) until September 25, 2021. The temporary measures are found in Ontario Regulation 228/20, Infectious Disease Emergency Leave (IDEL Regulation), which has been amended to define the “COVID-19 period” as that period beginning on March 1, 2020 and ending on September 25, 2021.

Ontario’s Declared Emergency and Stay-at-Home Order End on June 2, 2021

· 1 min read

The declared emergency and the Stay-at-Home Order, both made under the Emergency Management and Civil Protection Act (EMCPA) on April 7, 2021, terminate today, June 2, 2021. Note that a Declared Emergency Leave (DEL) taken under the Employment Standards Act, 2000, generally ends on the date the declared emergency terminates, subject to exceptions. By motion…

Details about WSIB Reimbursement Process for Paid IDEL Now Available

· 2 min read

On April 29, 2021, the Ontario government amended the Employment Standards Act, 2000 to provide paid infectious disease emergency leave (IDEL) for certain absences related to COVID-19. Employers who provide paid IDEL to eligible employees are entitled to reimbursement through the Workplace Safety and Insurance Board (WSIB), up to $200 per employee per day taken….

Amendments to the Canada Labour Code Tabled in Budget Bill

· 4 min read

On April 30, 2021, the federal government tabled Bill C-30, the Budget Implementation Act, 2021, No. 1 (Bill C-30). If passed, Bill C-30 would give effect to certain initiatives proposed in the government’s Spring Budget, discussed in our FTR Now dated April 23, 2021 “Key Highlights of Federal Budget 2021.” In this Federal Post, we…

Clarification: Interaction between Paid IDEL and Contractual Paid Leave

· 2 min read

On May 3, 2021, we published an FTR Now providing an overview of the new paid infectious disease emergency leave (Paid IDEL) created by Bill 284, the COVID-19 Putting Workers First Act, 2021. In our publication, we addressed the interaction between the new Paid IDEL and contractual paid leave, and how the contractual entitlement would…

Ontario Enacts Legislation to Provide Paid Leave for Reasons Related to COVID-19

· 14 min read

On April 29, 2021, the Ontario government tabled and passed Bill 284, COVID-19 Putting Workers First Act, 2021 (Bill). The Bill amends the Employment Standards Act, 2000 (ESA) to provide eligible employees with up to three days of paid emergency leave in circumstances of absences relating to a designated infectious disease (Paid IDEL). As readers…

Superior Court Finds Ontario’s IDEL Regulation Does Not Preclude Constructive Dismissal Claim at Common Law

· 4 min read

The Ontario Superior Court recently considered the interaction of the Infectious Disease Emergency Leave Regulation (IDEL Regulation) made under the Employment Standards Act, 2000 (ESA)and a claim for constructive dismissal at common law. In Coutinho v. Ocular Health Centre Ltd., the Court dismissed the employer’s position that the IDEL Regulation constituted a defence to a…

Ontario Court of Appeal Holds “Owner” of a Construction Project Can Be Considered an “Employer” Under OHSA

· 5 min read

A recent decision of the Ontario Court of Appeal has significant implications under the Occupational Health and Safety Act (OHSA) for owners and employers responsible for construction projects. In Ontario (Labour) v. Sudbury (City), the Court of Appeal held that an “owner” of a construction project can also be considered an “employer” with obligations to…