Employers Take Note: New Obligations under Temporary Foreign Workers Program Now in Effect

Amendments to the Immigration and Refugee Protection Regulations made under the Immigration and Refugee Protection Act which came into effect on September 26, 2022 place new obligations on employers who employ temporary foreign workers (TFWs). Significantly, these obligations include the requirement for an employer to commit to having an employment agreement in place with the…

Court Finds ESA-Only Termination Clause Unenforceable Due To Wording of Conflict of Interest and Confidential Information Clauses

In Henderson v. Slavkin et al., the Ontario Superior Court of Justice found that a termination clause in an employment contract which limited entitlements upon termination to only the minimums required by the Employment Standards Act, 2000 (ESA) was unenforceable due to the wording of the provisions related to “confidential information” and “conflict of interest.”…

Municipalities Take Note: Ontario Introduces Strong Mayors, Building Homes Act, 2022

On August 10, 2022, the Ontario government introduced Bill 3, Strong Mayors, Building Homes Act, 2022 (Bill 3) for first reading. If passed, Bill 3 would amend the City of Toronto Act, 2006 and the Municipal Act, 2001 to provide new powers to the mayor of the City of Toronto and mayors of other “designated…

Ontario Reintroduces the Plan to Build Act (Budget Measures), 2022

On August 9, 2022, the Ontario government reintroduced the Plan to Build Act (Budget Measures), 2022 (Act) as Bill 2 for first reading. The government tabled its 2022 Budget, Ontario’s Plan to Build, and originally introduced the Act as Bill 126 on April 28, 2022. That same day, the Ontario Legislature rose, and on June…

Arbitrator Finds University’s Vaccination Policy to be Reasonable

On July 22, 2022, Arbitrator Wright released a preliminary award, Wilfrid Laurier University v United Food and Commercial Workers Union, in which he found that the University’s mandatory vaccination policy (Policy) was reasonable. In so finding, he cited the fact that the University implemented the Policy in accordance with the instructions and advice issued by…

Class Action Dismissed in Favour of Defendant Employer

In Rebuck v. Ford Motor Company, the Ontario Superior Court recently granted the defendants’ motion for summary judgment to dismiss the plaintiff’s class action. The class action involved an allegation of misleading advertising under the federal Competition Act. Factual History In 2014, a consumer filed a lawsuit after noticing that the miles per gallon (MPG)…

Proposed Regulations Amending Certain Regulations Made Under the Canada Labour Code (Medical Leave with Pay) Published for Comment

On July 16, 2022, the federal government published Regulations Amending Certain Regulations Made Under the Canada Labour Code (Medical Leave with Pay), proposed regulatory amendments to give effect to the new paid medical leave provisions under the Canada Labour Code (Code), which are not yet in force. The leave, enacted by Bill C-3, An Act…

Appellate Court Considers Certification Under Class Proceedings Act, 1992 and Requirement That Pleadings Disclose a Cause of Action

In Bowman v Ontario, the Ontario Court of Appeal considered a motion for certification of a class action under the Class Proceedings Act, 1992 (CPA) which was dismissed by a certification judge. The Court of Appeal allowed the appeal in part, concluding that the judge erred in holding that the proposed class action did not…