Ontario Court of Appeal Comments on Notice Entitlements Following an Asset Transaction

In Manthadi v. ASCO Manufacturing, the Ontario Court of Appeal unanimously found that summary judgment was not appropriate in a case where a plaintiff was awarded 20 months’ reasonable notice damages after one month service with a company (Purchaser) that had bought the assets of her former employer (Vendor). The Court set aside the summary…

Arbitrator Provides Guidance for Employers Managing Commute to Work Accommodation Requests, Self-Reported Medical Restrictions, and Surveillance Evidence

In Toronto District School Board v Local 4400, Canadian Union of Public Employees, Arbitrator Stout dismissed an allegation of disability-related discrimination and failure to accommodate in the context of a commute to work. The case elaborates on the reasoning of Arbitrator Nyman in Ontario Secondary School Teachers’ Federation and Toronto District School Board, Grievance #…

Supreme Court of Canada Finds Federal Genetic Non-Discrimination Act is Constitutional

On July 10, 2020, the Supreme Court of Canada issued its decision in Reference re Genetic Non‑Discrimination Act, upholding the constitutionality of the impugned sections of the federal Genetic Non-Discrimination Act (Act) in a split decision. The constitutional question was raised in a reference by the Quebec government to the Quebec Court of Appeal, which…

The Divisional Court Affirms Employers May Face Substantial Penalties for Failing to Respond to Sex Discrimination and Gender Pay Inequity

In its recent decision Ontario v Association of Ontario Midwives, the Ontario Divisional Court upheld two decisions of the Human Rights Tribunal of Ontario pertaining to sex discrimination and pay equity, reaffirming that employers have an obligation to take proactive steps to ensure that sex-segregated workers are compensated free from sex discrimination and that a…

Supreme Court of Canada Dismisses Uber Appeal – Proposed Class Action Can Now Proceed in Ontario Courts

On June 26, 2020, the Supreme Court of Canada released Uber Technologies Inc. v. Heller and dismissed an appeal of the Ontario Court of Appeal’s decision which held that the arbitration clause in Uber’s standard form services agreement (Agreement) was invalid both because it was unconscionable and because it contracted out of mandatory provisions of the Employment Standards Act, 2000 (ESA). We previously reported on the Court of Appeal decision.

Appellate Court Holds Termination Clauses Must Be Read Together – If One Contravenes the ESA, All Are Unenforceable

In Waksdale v Swegon North America, the Ontario Court of Appeal ruled that the “without cause” and “with cause” termination clauses in an employment contract must be read together: if one is not compliant with the Employment Standards Act, 2000 (ESA), both are unenforceable. The plaintiff employee sued the defendant employer for damages for wrongful…

Appellate Court Strikes Pleading for Failure to Comply with Production Obligations

The Ontario Court of Appeal has upheld the decision of a motion judge to strike out a statement of defence as a remedy for repeated failures to comply with judicial orders to produce requested relevant documents. In Falcon Lumber Limited v. 2480375 Ontario Inc. (GN Mouldings and Doors), the Court articulates the core principles and…

Supreme Court of Canada to Consider Jurisdictional Issue Involving Human Rights Complaint Arising in Unionized Workplace

On February 27, 2020, the Supreme Court of Canada granted leave to appeal from a decision of the Manitoba Court of Appeal, Northern Regional Health Authority v Manitoba Human Rights Commission et al, that found a human rights adjudicator had jurisdiction to hear complaints of discrimination where the workplace was governed by a collective agreement….

HRTO Orders Significant Remedies in Ontario Midwives Case

In Association of Ontario Midwives v. Ontario (Health and Long-Term Care), the Human Rights Tribunal of Ontario (HRTO) affirmed that those who set compensation rates may be required to take proactive steps to ensure that sex-segregated workers are compensated in a way that is free of sex-based discrimination. It ordered, among other things, that the…

Ontario Labour Relations Board Issues its First “Gig Economy” Decision

In its first “gig economy” decision, the Ontario Labour Relations Board (Board) has concluded that Foodora couriers are dependent contractors and therefore may unionize. Foodora is a web services company that provides an online marketplace platform connecting consumers to restaurants, through the use of couriers. Board’s Test for Dependent Contractor Status In Canadian Union of…