On March 14, 2022, in Currie v. Nylene Canada Inc., the Ontario Court of Appeal upheld the decision of a trial judge to award a 26-month reasonable notice period to an employee following her without cause dismissal by the employer. The employer had appealed the trial judge decision to the Ontario Court of Appeal on…
Publication Type: Blog Post
Ontario to Introduce Legislation Requiring Employers to Disclose Information Regarding Electronic Monitoring of Employees
On February 24, 2022, the Ontario government announced its plan to introduce legislation later this month that would require employers to inform their workers if and how they are being monitored electronically. If passed, Ontario will be the first province to require electronic monitoring policies. As the government states, the intention of this legislation is…
Reminder to Universities and Colleges: New Requirements for Sexual Violence Policies Coming into Force on March 1, 2022
On March 1, 2022, new requirements will come into force that require universities and colleges to ensure that their sexual violence policies prevent discipline against a student who is found to have violated the institution’s drug and alcohol policies when such a violation is disclosed in the course of good faith efforts to report sexual…
Ontario to Ease Capacity Limits and Lift Proof of Vaccination Requirements
With the key public health indicators improving and the Omicron variant beginning to retreat, the Ontario government has announced that public health measures imposed to contain the spread of COVID-19 will be eased, effective February 17 and March 1, 2022. The province has announced that it intends to lift proof of vaccination requirements and all…
Arbitrator Finds Mandatory Vaccination Policy Implemented by Energy Sector Employer to be Reasonable
In Power Workers’ Union v Elexicon Energy Inc., Arbitrator Michael Mitchell recently held that a mandatory vaccination policy implemented by Elexicon Energy Inc. (Employer) was reasonable for all employees, except for those who had been working exclusively from home and had no expectation or requirement of returning to the workplace in the near future, and…
Court Finds ESA Prohibition on Non-Compete Agreements Does Not Apply to Agreements Entered into before October 25, 2021
The Ontario Superior Court of Justice has held that the recently enacted provision in the Employment Standards Act, 2000 (ESA) which prohibits non-compete agreements in employment contracts or other agreements does not apply prior to October 25, 2021. By way of background, Ontario’s Working for Workers Act, 2021 (Act) received Royal Assent on December 2,…
Ontario Seeking Input on Proposed Firefighter Certification Standards
On January 28, 2022, the Ontario government released a draft regulation under the Fire Protection and Prevention Act, 1997. As the government states, the regulation would establish mandatory minimum certification standards for specific fire protection services. The regulation sets out the mandatory minimum standard and corresponding job performance requirements of firefighters delivering specific fire protection…
Ontario to Ease Public Health Measures on January 31, 2022
On January 20, 2022, the Ontario government announced a gradual easing of public health measures, beginning on January 31, 2022. Effective on that date, the new measures will include: social gathering limits increased to 10 people indoors and 25 people outdoors. capacity limits increased to (or maintained at) 50% in indoor public settings, including restaurants,…
Ontario Moves to Modified Step 2 due to Surge in COVID-19 Cases
On January 3, 2022, the Ontario government announced that in light of the surge in COVID-19 cases, the province will be moving to modified Rules for Areas in Stage 2 of its Roadmap to Reopen plan. These changes will come into effect on January 5, 2022 at 12:01 a.m. and will remain in effect until…
Federal Bill C-3 Passes, Includes Amended Medical Leave Provisions
We reported on Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code when it was tabled in late November: Federal Government Tables Bill to Provide 10 Days Paid Sick Leave and to Protect Healthcare Workers From Intimidation. Bill C-3 has now passed, with amendments made at Committee to the Canada…