COVID-19 Update: Restrictions Imposed in Toronto, Ottawa and Peel Region, and Orders Extended to October 22

The Ontario government has imposed restrictions on the number of people who can attend unmonitored social gatherings and public events in Toronto, Ottawa and Peel Region in light of the increase of COVID-19 cases in these areas. These restrictions are directed to private unmonitored events. They do not apply to organizations and businesses which may…

Public Consultation on Ontario Privacy Law Reform for Private Sector

The Ontario government has opened a public consultation phase seeking input on reform for private sector privacy law, specifically to address gaps in the existing law and to enact new rules to protect privacy rights and increase confidence in digital services. This could be an initial step towards the introduction of a private sector privacy…

Ontario Minimum Wage to Increase October 1, 2020

On October 1, 2020, the general minimum wage in Ontario will increase from $14.00 to $14.25 an hour. This minimum wage applies to most employees. Minimum wage rates will also increase for the following employees: students: from $13.15 to $13.40 an hour liquor servers: from $12.20 to $12.45 an hour homeworkers: from $15.40 to $15.70…

Ontario Extends Orders Relating to COVID-19

On August 20, 2020, the Ontario government announced that most orders made as a result of COVID-19 are extended to September 22, 2020 (subject to exceptions below). These orders were initially made under the Emergency Management and Civil Protection Act and, with the end of the declared emergency on July 24, 2020, were extended under…

Ontario Court of Appeal Comments on Notice Entitlements Following an Asset Transaction

In Manthadi v. ASCO Manufacturing, the Ontario Court of Appeal unanimously found that summary judgment was not appropriate in a case where a plaintiff was awarded 20 months’ reasonable notice damages after one month service with a company (Purchaser) that had bought the assets of her former employer (Vendor). The Court set aside the summary…

Arbitrator Provides Guidance for Employers Managing Commute to Work Accommodation Requests, Self-Reported Medical Restrictions, and Surveillance Evidence

In Toronto District School Board v Local 4400, Canadian Union of Public Employees, Arbitrator Stout dismissed an allegation of disability-related discrimination and failure to accommodate in the context of a commute to work. The case elaborates on the reasoning of Arbitrator Nyman in Ontario Secondary School Teachers’ Federation and Toronto District School Board, Grievance #…

Supreme Court of Canada Finds Federal Genetic Non-Discrimination Act is Constitutional

On July 10, 2020, the Supreme Court of Canada issued its decision in Reference re Genetic Non‑Discrimination Act, upholding the constitutionality of the impugned sections of the federal Genetic Non-Discrimination Act (Act) in a split decision. The constitutional question was raised in a reference by the Quebec government to the Quebec Court of Appeal, which…