Reminder: Colleges and Universities to Have Sexual Misconduct Policies in Place by July 1, 2023

We would like to remind our college and university clients that the Ontario government recently passed Bill 26, Strengthening Post-secondary Institutions and Students Act, 2022. Among other things, Bill 26 amends the Ministry of Training, Colleges and Universities Act and the Private Career Colleges Act, 2005 to require post-secondary institutions to address faculty and staff…

Agatha Suszek

Agatha Suszek is a labour and employment lawyer in Hicks Morley’s Toronto office. She represents and advises employers on a variety of matters related to employment law and human rights. She regularly advises her clients on a number of workplace-related issues including privacy, discrimination, accommodation and discipline. Agatha serves a variety of clients including private companies and public institutions.

Mari Maimets

Mari advises both Canadian employers and U.S.-based clients with operations in Canada on matters related to litigation, employment law and human rights. She has extensive experience representing clients in disputes before the courts and administrative tribunals including wrongful and constructive dismissal claims, human rights disputes, disability-related claims, workplace sexual assault claims, and executive compensation claims.

Did You Ask to Share That? Arbitrator Comments on School Board’s Ability to Share Medical Information with Third Party

In Toronto Catholic District School Board v Canadian Union of Public Employees, Local 1328, Arbitrator Goodfellow recently issued a local arbitration decision concerning the administration of the Board’s sick leave and short-term disability plans. The hearing related to multiple grievances all touching on similar issues. Arbitrator Goodfellow specifically answered two questions: (i) Could the Board…

Ontario Issues Regulations for New Requirements for Construction Sites

On March 15, 2023, Ontario announced proposed changes to jobsite requirements in the construction sector. On March 29, the government filed proposed regulatory changes to amend the Construction Projects Regulation (the Regulation) under the Occupational Health and Safety Act. The proposed regulatory changes will amend section 21 of the Regulation, which addresses protective clothing, equipment…

Exclusions and Competing Rights in Schools

Educators and school boards have an obligation to provide every student with meaningful and equitable access to an education while taking reasonable measures to keep all students and staff safe from foreseeable harm. To that end, students with disabilities are entitled to reasonable accommodation in their learning environments. But what happens when the behaviour of these students creates safety issues for themselves, other students and school staff? How can special educators and administrators deal with these increasingly common occurrences while managing the competing rights of both students and staff under the Education Act, Human Rights Code and Occupational Health and Safety Act?

Ontario Human Rights Commission Strategic Plan and the Right to Read

On January 17, 2023, the Ontario Human Rights Commission (OHRC) released a new strategic plan for 2023 to 2025, entitled Human Rights First: A plan for belonging in Ontario. It centres around five priorities which include Indigenous reconciliation, the criminal justice system and the education system. In this School Board Update, we focus on the OHRC’s priorities with respect to the education system.

Beyond COVID-19: 2022 Year in Review – Cases and Legislation of Note

Employers and human resource professionals will undoubtedly remember 2022 as another year shaped by the pandemic.

But…there were also legal developments in 2022 that were not related to COVID-19. In this FTR Now, we look at some of the past year’s notable “non-pandemic” cases and legislative developments.