On October 31, 2022, the Ontario government introduced Bill 28, Keeping Students in Class Act, 2022 (Bill 28 or the Bill) which, if passed, would enact and implement new central terms for collective agreements between the Council of Trustees’ Associations and the Canadian Union of Public Employees (CUPE). These collective agreements would have a term…
Publication Type: Article
Canadian Human Rights Commission Updates Its Complaint Rules
On October 28, 2022, the Canadian Human Rights Commission (Commission) announced that it had updated its Complaint Rules (Updated Rules). The Updated Rules apply to all complaints received after October 19, 2022. The Updated Rules also apply to complaints entering the next stage in the Commission’s complaint process after October 19, 2022. In this Federal…
Ontario Tables Bill 26 Mandating Post-secondary Institutions to Address Faculty and Staff Sexual Abuse Towards Students in a More Prescriptive Manner
On October 27, 2022, the Ontario government tabled Bill 26, Strengthening Post-secondary Institutions and Students Act, 2022. If passed, Bill 26 would amend the Ministry of Training, Colleges and Universities Act and the Private Career Colleges Act, 2005 to provide measures for post-secondary institutions to address faculty and staff sexual abuse towards students. Amendments to…
Ontario Court of Appeal Articulates Test for Extending Time to Opt Out of Class Action
The Ontario Court of Appeal has provided new guidance to litigants seeking to opt out of class proceedings. In the usual course, a class member has until the deadline set by the court at the time the court certifies a class proceeding to opt out of a class action (i.e. to no longer be considered…
Two Recent Class Action Decisions of Note for Employers
In this latest edition of Common Ground? Class Action Updates, we discuss two recent decisions of interest to employers. The first is a certification order relating to a systemic claim of negligence within a workplace. The second considers a plausible methodology to measure compensable loss. Federal Court Certifies Class Action Brought by Current and Former…
Update on the Incoming Paid Medical Leave Under the Canada Labour Code
Federally regulated employers should be aware that amendments to the medical leave provisions of the Canada Labour Code are set to come into force on or before December 1, 2022. As set out below, we have clarified with Employment and Social Development Canada that these provisions will apply to all federally regulated employers, not just…
Human Rights Tribunal of Ontario Determines It Has Concurrent Jurisdiction with Labour Arbitrators to Decide Human Rights Claims
The Human Rights Tribunal of Ontario (Tribunal) has determined that it has concurrent jurisdiction to decide claims of discrimination and harassment falling within the scope of a collective agreement governed by the Labour Relations Act (LRA) and the Police Services Act (PSA). The decision addresses a significant question of law arising from the 2021 decision…
Employers Take Note: Employees Entitled to Paid Time Off to Vote in Upcoming Municipal Election
Ontario-wide municipal elections will be held on Monday, October 24, 2022, and voting hours will run from 10:00 a.m. to 8:00 p.m. Employers should be aware that under the Municipal Elections Act, 1996 (Act), all employees who are eligible to vote in the election are entitled to three consecutive hours during voting hours on election day to cast their…
Recent Case of Note from the Human Rights Tribunal of Ontario
Welcome to our newest edition of the School Board Update. In this Update we review a recent decision from the Human Rights Tribunal of Ontario (Tribunal) concerning allegations of discrimination with respect to educational services because of sex and gender identity contrary to the Ontario Human Rights Code (Code). We hope you find this summary…
Benefits After 65: Arbitrator Dismisses Grievance Challenging Age 65 LTD Cut-off but Awards Life Insurance Coverage Based on Collective Agreement
An Ontario labour arbitrator has upheld a grievance challenging the reduction of life insurance coverage for employees who die after having reached age 65, finding that the relevant provision of the insurance policy had not been incorporated into the collective agreement. In the same decision, the arbitrator dismissed two policy grievances challenging the termination of…