On April 7, 2021, the Ontario government declared its third emergency under the Emergency Management and Civil Protection Act and issued its second Stay-at-Home Order under that Act, effective April 8 at 12:01 a.m. Stay-at-Home Order (Order) The Order is similar in wording to the Stay-at-Home Order issued in January 2021, with some minor modifications….
Publication Name: FTR Now
Ontario Court of Appeal on Maintenance Obligations for Employers Utilizing the Proxy Method
In a pair of related decisions, the Ontario Court of Appeal ruled in favour of the bargaining agents for the Participating Nursing Homes (PNH) in their dispute regarding maintenance obligations under the Pay Equity Act (Act) when using the proxy method of comparison. In one of the decisions, the majority of a five-member panel of…
Ontario Tables 2021 Budget
On March 24, 2021, the Ontario government tabled its 2021 Budget, Ontario’s Action Plan: Protecting People’s Health and Our Economy (Budget), and introduced supporting implementation legislation, Bill 269, Protecting the People of Ontario Act (Budget Measures), 2021. In this FTR Now, we highlight certain aspects of the Budget that are of broad interest to…
Important Updates Regarding Employment Insurance Regular Benefits, Recovery Benefits, and Upcoming CEWS Claim Periods
In the latest evolution of the federal government’s response to the ongoing global COVID-19 pandemic, on February 19, 2021, the government announced that it would be introducing regulatory and legislative amendments to increase the number of weeks of benefits available for Employment Insurance (EI) regular benefits, as well as the Canada Recovery Benefit (CRB), the…
Ontario’s Regional Approach to Pandemic Management: Amendments to the Yellow, Orange, Red and Grey Zones
The Ontario government is continuing its recently announced return to a regional approach to pandemic management and to a modified provincial COVID-19: Response Framework. The first phase, discussed in greater detail in our February 10, 2021 FTR Now, involved the creation of a new Shutdown Zone as part of the Rules for Areas in Stage…
Ontario Ends Declared Emergency and Resumes Regional Approach to Pandemic Management
On February 8, 2021, the Ontario government announced that the declared emergency under the Emergency Management and Civil Protection Act would be terminated at the end of day, February 9, 2021. It also announced that it would be gradually resuming its regional approach to managing the pandemic that was previously in effect. While most regions of the province will remain in a shutdown, three public health regions have been moved to lesser restrictions.
Changes Proposed to Sexual Harassment and Violence Policies of Colleges, Universities and Private Career Colleges
On January 27, 2021, the Ontario government announced proposed changes to the sexual harassment and violence policies of colleges, universities and private career colleges. These policies are required by legislation. The government states the proposed changes are designed to increase campus safety and to encourage victims to report instances of sexual violence and harassment without…
New Common Law Tort of Internet Harassment Recognized by Ontario Superior Court
The problem of hateful communication on the internet has garnered much recent attention. In Caplan v. Atas, Justice Corbett of the Ontario Superior Court of Justice recognized a new common law “tort of internet harassment” to address this issue. The decision comes nearly two years after the Ontario Court of Appeal declined to recognize a…
Enforceability of Minimum Standards-Only Termination Clauses in Employment Contracts – What Employers Need to Know
On January 14, 2021, the Supreme Court of Canada denied the employer’s leave to appeal application from the decision of the Ontario Court of Appeal in Waksdale v Swegon North America. That decision held that termination clauses in employment contracts must be read together and if one contravenes the Employment Standards Act, 2000 (ESA), all…
Ontario Declares Emergency, Issues Stay-at-Home Order
On January 12, 2021, the Ontario government declared a second emergency under the Emergency Management and Civil Protection Act (EMCPA) in light of the surging COVID-19 cases in Ontario. The emergency declaration took effect immediately. At the same time, the government announced that it would be issuing a range of other orders to enhance the…