In a “bottom line” decision in Extendicare Lynde Creek Retirement Home and United Food & Commercial Workers Canada, Local 175, Arbitrator Raymond upheld the mandatory COVID-19 Immunization Policy (Policy) of a retirement home, finding that the Policy is a reasonable workplace rule and consistent with the collective agreement, the Occupational Health and Safety Act, the…
Practice Area: Occupational Health
Ontario Tables Pandemic and Emergency Preparedness Bill
On March 29, 2022, the Ontario government introduced A Plan to Stay Open which sets out healthcare initiatives to ensure the healthcare system is better able to respond to a crisis, among other things. On the same day, it tabled Bill 106, Pandemic and Emergency Preparedness Act, 2022 (Bill 106), omnibus legislation which gives effect…
Counsel to municipalities in their grievance arbitration and OHSA compliance work.
Counsel to municipalities in their grievance arbitration and OHSA compliance work.
Arbitrator Upholds TDSB Mandatory Vaccination Policy
On March 22, 2022, Arbitrator William Kaplan issued The Toronto District School Board and CUPE, Local 4400 (Re COVID-19 Vaccine Procedure), an award in which he upheld the mandatory vaccination policy (Policy) of the Toronto District School Board (TDSB). He found that the Policy did not infringe section 7 (life, liberty and security of person)…
Further Easing of Ontario Public Health Restrictions Coming March 21, 2022
On March 11, 2022, the Ontario government filed O. Reg. 213/22 which amends O. Reg. 364/20: Rules for Areas at Step 3 and at the Roadmap Exit Step made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. O. Reg. 213/22 gives effect to the further reduction of public health restrictions in force…
Hicks Morley Lawyers Named Leading Practitioners in the 2022 Canadian Legal Lexpert® Directory
Congratulations to the 30 Hicks Morley lawyers who have been recognized as leaders in their respective fields in the 2022 Canadian Legal Lexpert® Directory!
Reminder to Universities and Colleges: New Requirements for Sexual Violence Policies Coming into Force on March 1, 2022
On March 1, 2022, new requirements will come into force that require universities and colleges to ensure that their sexual violence policies prevent discipline against a student who is found to have violated the institution’s drug and alcohol policies when such a violation is disclosed in the course of good faith efforts to report sexual…
Ontario to Ease Capacity Limits and Lift Proof of Vaccination Requirements
With the key public health indicators improving and the Omicron variant beginning to retreat, the Ontario government has announced that public health measures imposed to contain the spread of COVID-19 will be eased, effective February 17 and March 1, 2022. The province has announced that it intends to lift proof of vaccination requirements and all…
Arbitrator Finds Mandatory Vaccination Policy Implemented by Energy Sector Employer to be Reasonable
In Power Workers’ Union v Elexicon Energy Inc., Arbitrator Michael Mitchell recently held that a mandatory vaccination policy implemented by Elexicon Energy Inc. (Employer) was reasonable for all employees, except for those who had been working exclusively from home and had no expectation or requirement of returning to the workplace in the near future, and…
Arbitrator Finds Part of LTC Homes’ Mandatory Vaccination Policy Violated Collective Agreement
On February 7, 2022, Arbitrator Misra issued her decision in Chartwell Housing REIT (The Westmount, The Wynfield, The Woodhaven And The Waterford) and Healthcare, Office And Professional Employees Union, Local 2220 in which she found that the termination consequences of a long-term care home employer’s mandatory vaccination policy violated the collective agreement. Background In late…