As previously reported, amendments to the Employment Insurance Act were passed by the federal government on June 22, 2017 when Bill C-44, Budget Bill Implementation Act, 2017, No. 1 received Royal Assent. These amendments have been proclaimed into force effective December 3, 2017. The changes to the employment insurance (EI) regime, among other things, allow…
Publication Type: Blog Post
Ontario Court Affirms Plaintiff’s Evidentiary Burden Under The Class Proceedings Act, 1992
In Bartholomew v. Coco Paving Inc. et al, the Ontario Superior Court recently rendered a helpful decision in dismissing a motion for certification of a proposed class action. The Court re-affirmed the evidentiary burden which must be met by a plaintiff in satisfying the four tests under sections 5(1)(b) through 5(1)(e) of the Class Proceedings…
Federal Government Introduces Changes to Canada Labour Code
On October 27, 2017, the federal government introduced Bill C-63, Budget Implementation Act, 2017, No. 2, its second budget implementation bill relating to Budget 2017. Budget implementation bills are a means for the government to follow through with the legislative changes required to bring budget commitments into effect. In addition to changes to the Income…
Ontario School Boards to Implement Care Plans for Students with Prevalent Medical Needs
On October 24, 2017, the Ontario government released a draft policy aimed at supporting students with prevalent medical conditions. Policy PPM 161- Supporting Children and Students with Prevalent Medical Conditions (Anaphylaxis, Asthma, Diabetes, and/or Epilepsy) in Schools, to be finalized in Winter 2018, will require school boards across Ontario to have individualized care plans in…
Do You Employ Lawyers in your Workplace? Law Society Implements New 2017 Requirements for Licensees
The Law Society of Ontario (LSO) is in the process of implementing the first of the recommendations adopted in its 2016 Report, Working Together for Change: Strategies for Addressing Issues of Systemic Racism in the Legal Profession, which will require lawyers licensed by the LSO to take action before the end of 2017. Specifically, before…
Is It Discriminatory to Include a Disability-Related Absence in an Attendance Management Policy? Appellate Court Weighs In
In Canada (Attorney General) v. Bodnar, the employer sought judicial review of a decision of the Public Service Labour Relations and Employment Board (Board) in which the Board held that the inclusion of disability-related absences and absences taken for the purposes of family caregiver leave in an attendance management policy was discriminatory. On judicial review,…
Ontario Seeking Input on Occupations Exempted Under ESA
As part of Ontario’s review of workplace laws, the government has announced that it is reviewing the special rules and exemptions under the Employment Standards Act, 2000 (ESA). It is seeking public input on the following occupations currently exempted: Architects Domestic Workers, Homemakers and Residential Care Workers IT Professionals Managerial and Supervisory Employees Pharmacists Residential…
Bill 148 Passes Second Reading, Ordered (Back) to Committee for Further Review
On October 18, 2017, Bill 148, Fair Workplaces, Better Jobs Act, 2017 (Bill 148), as amended by the Standing Committee on Finance and Economic Affairs, passed Second Reading after debate and was referred back to the Standing Committee on Finance and Economic Affairs for further review. Read the government’s announcement here. We will continue to…
Ontario Proposes Legislation to Protect Access to Abortion Services
As announced earlier this year, the Ontario government has introduced legislation to protect access to abortion services at women’s health clinics or facilities, as well as certain protected service provider offices. Protected service providers are people who work in clinics or certain health professionals who provide, or assist in the provision of, abortion services. If…
Appellate Court Rules that Severability Clause Can’t Save a Partly Flawed ESA-Only Termination Clause
It is critical for all employers to ensure that they have a well-drafted and unambiguous termination clause which fully complies with the Employment Standards Act, 2000 (ESA), in order to survive judicial scrutiny. The Ontario Court of Appeal has once again weighed in on termination provisions in employment agreements, this time noting that if any…