Justice Gray of the Ontario Superior Court recently reviewed the common employer doctrine within the context of a Mareva injunction motion. In Kingston v. GMA Cover Corp., the plaintiffs had been employed by GMA Cover Corp. in Guelph. For tax reasons, the business underwent a complex reorganization and ultimately was acquired by a United States-based trust….
Practice Area: Employment Law
Federal Government Introduces Helping Families in Need Act
On September 20, 2012, the federal government introduced Bill C-44, the Helping Families in Need Act, legislation that would, if passed, amend (among other things) both the Employment Insurance Act (“EI Act”) and the Canada Labour Code as follows: the EI Act will provide for a new specified sickness benefit for parents receiving EI parental…
Government Announces New Compensation Restraints
Earlier today, the Honourable Dwight Duncan, Ontario’s Minister of Finance, announced a series of new compensation restraints that will apply to government agencies, the Ontario Public Service and the Broader Public Sector. Among the highlights of the government’s announcement are: “Under the plan, executive pay would be permanently capped at no more than double the…
Leave to Appeal Sought in Freedom of Association Case
The Mounted Police Association is seeking leave to appeal from the decision of the Ontario Court of Appeal in Mounted Police Association of Ontario v. Canada (Attorney General), which found that a separate labour relations regime established for members of the RCMP did not violate the freedom of association guarantee in section 2(d) of the…
Family Caregiver Leave Bill Passes Second Reading, Referred to Committee
On September 6, 2012, Bill 30, Family Caregiver Leave Act (Employment Standards Amendment), 2011 carried at Second Reading and was referred to the Standing Committee on Social Policy. As previously reported, Bill 30 would, if passed, amend the Employment Standards Act, 2000 to create Family Caregiver Leave. The leave would be available to all full-time,…
Federal Wage Restraint Legislation Does Not Infringe Section 2(d) of Charter
Underscoring once again that section 2(d) of the Canadian Charter of Rights and Freedoms (“Charter”) only guarantees a meaningful process of collective bargaining and not a particular result, the Ontario Court of Appeal recently found that wage restraint legislation effectively prohibiting salary increases over a five-year period was not, in and of itself, unconstitutional. Association…
No Duty to Mitigate Where Employment Contract Silent on Mitigation
The Ontario Court of Appeal recently released a significant decision on an employee’s duty to mitigate post-employment when his or her employment contract has a fixed notice period and is silent on the issue of mitigation. In Bowes v. Goss Power Products Ltd., Mr. Bowes’ contract had a fixed notice period of six months if…
Ontario Releases Proposed Amendments to Integrated Accessibility Standards Regulation
On August 15, 2012, the Ontario government published proposed amendments to the Integrated Accessibility Standards Regulation (IAS) (Ontario Regulation 191/11) under the Accessibility for Ontarians with Disabilities Act, 2005 for public consultation. The amendments, once finalized, are expected to come into force the later of January 1, 2013, or the day they are filed. The…
Pay Equity Guide Now Available
The Pay Equity Commission has published “A Guide to Interpreting Ontario’s Pay Equity Act” (August 2012). The Guide provides an overview of the interpretation by the Pay Equity Office of the minimum requirements of the Pay Equity Act, and is primarily intended to provide employers with guidance as to their obligations under that legislation.
Ontario Government Publishes Integrated Accessibility Standards Guide and Compliance Tool
The Ontario Ministry of Community and Social Services has published “A Guide to the Integrated Accessibility Standards Regulation” dated July 2012. The Integrated Accessibility Standards (IAS) Regulation was made under the Accessibility for Ontarians with Disabilities Act, 2005. It came into force on July 1, 2011 and affects nearly all organizations in Ontario. The Guide…