On March 5, 2021, Arbitrator Susan Stewart released an award (Award) between the Hamilton Wentworth District School Board (Board) and ETFO dealing with preparation time (prep time) for remote learning elementary teachers in its virtual classes during the current 2020-21 school year. The grievance alleged that the Board had failed to provide prep time in…
Publication Type: Article
Accessibility Standards Canada Publishes Guidelines for COVID-19 and Other Emergencies
On March 11, 2021, Accessibility Standards Canada updated its resources page to provide accessibility guidelines for COVID-19 or other emergencies. These guidelines offer practical information for persons with disabilities, including employees, and employers on a range of topics that are highlighted below. Accessible practices for returning to the workplace addresses accessibility barriers that may exist…
Appellate Court Considers Contractual Rights Upon Termination in Light of Ocean Nutrition and Affirms Original Decision
In Mikelsteins v. Morrison Hershfield Limited, the Ontario Court of Appeal confirmed its earlier finding that an employee’s common law entitlements upon termination of employment are distinct from any rights the employee may have under a shareholder agreement where they have purchased the shares separate and apart from their compensation structure. Background In June…
Debate Regarding Regulatory Obligations for Kindergarten Class Size Caps Now Resolved in Favour of School Boards
For 20 years, beginning in 1997, school boards and teachers’ federations agreed that class size limits pertaining to elementary school students needed to be met only by and on a “determination date” identified in the first half of the fall term. Following the negotiation of its 2017 Extension Agreement and an associated Letter of Commitment from the Crown, the Elementary Teachers’ Federation of Ontario (ETFO) challenged this mutual understanding in two related arbitrations. Two arbitration awards and one judicial review later, the issue has now been definitively resolved – in favour of the school boards’ interpretation and the continuation of the historical compliance system.
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…
Federal Government Announces Temporary Waiver of EI Waiting Period
On January 29, 2021, the federal government announced that it will be amending the Employment Insurance (EI) regulations to temporarily waive the one-week waiting period for EI claimants who establish a new claim between January 31, 2021 and September 25, 2021. This change is in response to the ongoing restrictions on businesses arising out of…
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…
Ontario Declares Second Provincial Emergency
On January 12, 2021, the Ontario government declared a second provincial emergency under the Emergency Management and Civil Protection Act (EMPCA) to address the concerning rise in COVID-19 cases, and also announced it is issuing a stay at home order. The government’s announcement outlined the changes that it will be implementing, which are summarized in…
Toronto Employers Take Note: Additional COVID-19 Measures Issued by Toronto Medical Officer of Health Including Reporting Obligations
Employers and persons responsible for businesses or organizations which are located in the City of Toronto and are permitted to be open during the current lockdown in Ontario are now subject to additional requirements in light of the increase in COVID-19 cases in the City. The provincial lockdown restrictions are set out in the Rules…