In its recent decision Ontario v Association of Ontario Midwives, the Ontario Divisional Court upheld two decisions of the Human Rights Tribunal of Ontario pertaining to sex discrimination and pay equity, reaffirming that employers have an obligation to take proactive steps to ensure that sex-segregated workers are compensated free from sex discrimination and that a…
Publication Type: Blog Post
Face Masks in Toronto’s Enclosed Public Spaces – The New Normal
As of July 7, 2020 persons in enclosed public spaces in the City of Toronto must wear properly fitting face masks or face coverings that cover their mouth, nose and chin.
Supreme Court of Canada Dismisses Uber Appeal – Proposed Class Action Can Now Proceed in Ontario Courts
On June 26, 2020, the Supreme Court of Canada released Uber Technologies Inc. v. Heller and dismissed an appeal of the Ontario Court of Appeal’s decision which held that the arbitration clause in Uber’s standard form services agreement (Agreement) was invalid both because it was unconscionable and because it contracted out of mandatory provisions of the Employment Standards Act, 2000 (ESA). We previously reported on the Court of Appeal decision.
Toronto and Peel Region Moving to Stage 2 of Re-Openings
The Ontario government has announced that the City of Toronto and Peel Region will move to Stage 2 of re-openings on June 24, 2020 at 12:01 a.m. For a summary of the conditions and restrictions on businesses re-opening, see our Human Resources Legislative Update post of June 9, 2020, Ontario Announces Stage 2 Regional Reopening….
COVID-19 Update: More Businesses Permitted to Reopen
The last week has seen numerous announcements and regulatory changes as the Ontario government continues to ease restrictions and permit more businesses to resume their operations. Effective June 19, 2020, Durham, Haldimand-Norfolk, Halton, Hamilton, Lambton, Niagara and York have been moved to Stage 2.
Appellate Court Holds Termination Clauses Must Be Read Together – If One Contravenes the ESA, All Are Unenforceable
In Waksdale v Swegon North America, the Ontario Court of Appeal ruled that the “without cause” and “with cause” termination clauses in an employment contract must be read together: if one is not compliant with the Employment Standards Act, 2000 (ESA), both are unenforceable. The plaintiff employee sued the defendant employer for damages for wrongful…
Ontario Announces Stage 2 Regional Reopening
On June 8, 2020, the Ontario government announced that most public health unit regions outside of the “Golden Horseshoe” will be moving to Stage 2 effective June 12, 2020 at 12:01 a.m. The government’s online document sets out the complete list of regions which can move to Stage 2.
New Measures for Use of Face Coverings in Transportation Sector
On June 3, 2020, the federal government announced new measures for the use of face coverings in the transportation sector. The backgrounder states that the use of face coverings will now be required for all employees who cannot maintain a distance of two metres from other workers, or from passengers. The new measures apply to…
Ontario Extends Declared Emergency to June 30
On June 2, 2020, the Ontario government extended the declared emergency to June 30, 2020. This extension follows the government’s announcement on May 26, 2020 to extend most of the emergency orders currently in force. For details about the current orders, see our Human Resources Legislative Update post The Orders Made Under the Emergency Management…
Ontario Issues Order Relating to Management of Retirement Homes Where Residents at Risk Due to COVID-19
On May 29, 2020, the Ontario government filed an Order made under the Emergency Management and Civil Protection Act entitled the Management of Retirement Homes in Outbreak (Order). The Order authorizes the Registrar under the Retirement Homes Act, 2010 (Act) to issue a management order under section 91(1) of that Act (Registrar’s Order) where there…