Following a recent stakeholder consultation, in February 2024 the Workplace Safety and Insurance Board (WSIB) published changes to its Appeals Practices and Procedures. The WSIB reports these changes will improve its “efficiency in providing timely, quality decisions and excellent customer service.” Some key changes include:
Publication Type: Blog Post
Ontario Court Finds Failure to Accept Comparable Position Constitutes Complete Failure to Mitigate
In Gannon v. Kinsdale Carriers, the Ontario Superior Court recently considered what constitutes “comparable employment” for the purpose of mitigation of reasonable notice damages. The plaintiff was employed by the defendant, a federally regulated trucking company, for 23 years. At the time of her termination from employment, the plaintiff held a role that included accounts…
Proposed Regulatory Amendments to Teacher Assignment and Proficiency in Mathematics
The Ontario government recently posted two regulatory amendments related to teacher assignments and proficiency in mathematics for comment. The first is the Proposed Regulatory Amendments to Teacher Assignments. Regulation 298 made under the Education Act mandates that principals must assign their teachers to the best possible program, in accordance with the teacher’s qualifications or as…
Human Rights Tribunal of Ontario Awards Applicant $180,000 as Compensation for Injury to Dignity, Feelings and Self-Respect
In the recent decision of L.N. v. Ray Daniel Salon & Spa, the Human Rights Tribunal of Ontario (Tribunal) awarded an applicant $180,000 in damages for injury to dignity, feelings and self-respect. In this case, the applicant was a recently arrived refugee to Canada. She had not yet received her work permit when she started…
Employment Termination Clauses Under Scrutiny – The Latest Update
In Dufault v. The Corporation of the Township of Ignace, the Ontario Superior Court of Justice found the termination provisions of a fixed-term employment contract did not comply with the Employment Standards Act, 2000 (ESA) because, among other things, it permitted the employer to terminate the employee’s employment without cause in the employer’s “sole discretion”…
Federal Government Issues Guidelines on Monetary Penalties Under the Employment Equity Act
On February 13, 2024, Employment and Social Development Canada issued updated guidelines on the Employment Equity Act – Monetary Penalties – IPG-121 (Guidelines). The Guidelines apply to employers subject to the Legislated Employment Equity Program (LEEP) under the Employment Equity Act (Act). The LEEP applies to: The LEEP employers have reporting obligations under the Act….
Ontario Superior Court Reins In Proposed Discovery Plan and Common Issues
In Curtis v. Medcan Health Management Inc., Justice Perell of the Ontario Superior Court reined in the scope of the plaintiffs’ proposed discovery plan and constrained the scope of the certified common issues in an ongoing employment class action. This class action relates to an allegation of unpaid vacation and public holiday pay. As we…
Federal Government Launches Employment Equity Tool on Workforce Data
On February 2, 2024, the federal government launched a new website, Equi’Vision. It is an employment equity tool which the government states provides “user-friendly, easily comparable data on workforce representation rates and the pay gaps” experienced by women, Indigenous peoples, persons with disabilities, and members of visible minorities. These groups are the designated groups under…
Ontario Seeking Employer Feedback on the Ontario Immigrant Nominee Program
For employers who are involved with the Ontario Immigrant Nominee Program, the Ministry of Labour, Immigration, Training and Skills Development is seeking feedback on the employer job offer streams as well as employer experience with the Program, among other things. Employers wishing to provide feedback may do so by completing the Ministry’s survey, found on…
Federal Court Approves $817 Million Settlement in Disability Class Action
Class action proceedings often end in negotiated settlements. Those settlements (which must be approved by a court) can be significant in monetary terms. In Manuge v. Canada, the Federal Court recently approved the settlement of a class action arising from the alleged miscalculation and underpayment of disability pension benefits for members and veterans of the…