An Ontario arbitrator has found that the “National Day of Mourning” on September 19, 2022 was not a “holiday” within the meaning of the collective agreements in issue as that day was not “proclaimed” to be a holiday by a legislative process. The Prime Minister declared September 19, 2022 to be a National Day of…
Publication Type: Article
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.
Bill 26 Passes as Amended, Mandates Post-secondary Institutions to Address Faculty and Staff Sexual Misconduct Towards Students
On December 8, 2022, Bill 26, Strengthening Post-secondary Institutions and Students Act, 2022, as amended, received Royal Assent. We reported on the Bill in our FTR Now of October 28, 2022, Ontario Tables Bill 26 Mandating Post-secondary Institutions to Address Faculty and Staff Sexual Abuse Towards Students in a More Prescriptive Manner. In this FTR…
Employment Insurance Sickness Benefits Increase to 26 Weeks
The amendments contained in Bill C-30, Budget Implementation Act, 2021, No. 1, which permanently extend the maximum number of weeks available under employment insurance (EI) sickness benefits, have been proclaimed into force effective December 18, 2022. In this FTR Now we consider this development and its implications for employers. Extension from 15 to 26 Weeks…
COVID-19 Year-End Edition
As we near the end of 2022, we reflect back on a year filled with virtual environments, increased connections and a renewed focus on wellness as we made it through another year since the COVID-19 pandemic began in 2020. The pandemic has had a broad-ranging impact on employment law since March 2020. To wrap up…
Ontario Court Rules Bill 124 is Unconstitutional – What Now?
In a decision dated November 29, 2022, Justice Koehnen of the Ontario Superior Court of Justice found that Bill 124, Protecting a Sustainable Public Sector for Future Generations Act, 2019 (the Act or Bill 124) substantially interfered with the applicant unions’ section 2(d) freedom of association rights under the Canadian Charter of Rights and Freedoms…
Court Finds Bill 124 to Be Unconstitutional
On November 29, 2022, the Ontario Superior Court of Justice rendered its decision in Ontario English Catholic Teachers Assoc. v. His Majesty. The Court found that the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (commonly referred to as Bill 124) is contrary to section 2(d) (freedom of association) of the Canadian Charter…
Court of Appeal Denies Injunction Relating to Mandatory Vaccination Policy
The Ontario Court of Appeal recently released its reasons in National Organized Workers Union v. Sinai Health System. The Court dismissed the appeal brought by the National Organized Workers Union (Union) of an Ontario Superior Court decision which refused to stay the implementation of the workplace COVID-19 vaccination policy (Policy) of Sinai Health System (Sinai…
Companion Decisions Regarding Related Employers Released by the Ontario Court of Appeal; Confirm that the Ontario Labour Relations Board Is Owed Deference
On November 16, 2022, the Ontario Court of Appeal released its reasons in Turkiewicz (Tomasz Turkiewicz Custom Masonry Homes) v. Bricklayers, Masons Independent Union of Canada, Local 1 (Turkiewicz) and Enercare Home & Commercial Services Limited Partnership v. UNIFOR Local 975 (Enercare). These companion decisions consider the Ontario Divisional Court’s application of the reasonableness standard…