Publication Type: Blog Post

WSIB Rate Framework Implementation Date Set for January 1, 2020

· 1 min read

Further to O. Reg. 349/17 which amends O. Reg. 470/16 made under the Workplace Safety and Insurance Act, 1997, the new Workplace Safety and Insurance Board (WSIB) Rate Framework will be implemented on January 1, 2020, which is one year later than the initial targeted implementation date. As we previously reported, the Rate Framework will fundamentally change…

IMEs and the Scope of an Employer’s Communications with IME Examiners

· 7 min read

The Ontario Court of Appeal has denied leave to appeal a judicial review of a Human Rights Tribunal of Ontario (Tribunal) decision that found an employer’s request for an Independent Medical Examination (IME) as part of the accommodation process reasonable in the circumstances. This case further provides helpful guidance with respect to the scope of…

Union Need Not be Involved in Every Accommodation Request, Appeal Court Rules (and the Supreme Court Agrees)

· 4 min read

Earlier this year, the British Columbia Court of Appeal issued a helpful decision for employers dealing with accommodation issues in a unionized context. On September 7, 2017, the Supreme Court of Canada denied the union’s request for leave to appeal from the B.C. Court of Appeal decision. The B.C. Court of Appeal decision considered the…

Ontario Court Declines to Consider Wrongful Dismissal Action Where Ontario Resident Worked in Michigan

· 4 min read

In its recent decision in Koutros v Persico USA Inc., the Ontario Superior Court of Justice set aside the service of a Statement of Claim and stayed an action on the basis that Michigan (not Ontario) was the appropriate jurisdiction in which to dispute the termination of an employment contract. The plaintiff lived near Windsor…

Proposed Data Breach Regulations Under PIPEDA Published

· 3 min read

On September 2, 2017, the federal government published the proposed regulatory text of the Breach of Security Safeguards Regulations (Regulations) made under the Personal Information Protection and Electronic Documents Act (PIPEDA). Interested persons have been invited to make representations on the Regulations. As previously reported, amendments to the PIPEDA enacted by the Digital Privacy Act…

WSIB Launches Public Consultation on Draft Policies for New Rate Framework

· 1 min read

The Workplace Safety and Insurance Board (WSIB) has launched a public consultation on seven draft policies made in support of its new Rate Framework, which was approved by the WSIB Board of Directors in November 2016. The Rate Framework has a targeted implementation date of January 2019. Comments are invited on the following draft policies:…

Bill 148 and Pay Equity: A Changing Landscape and Increasing Scrutiny of Ontario Employers

· 11 min read

As part of the 30th anniversary of the Pay Equity Act (Act), the Pay Equity Office has implemented several new initiatives in 2017 in support of its mandate to administer and enforce the Act. These initiatives, coupled with pending legislative changes under Bill 148, present significant changes and potential risks to employers across the province.

New Annual Quality Improvement Plan “Indicators” for Healthcare Organizations

· 1 min read

Effective July 19, 2017, healthcare organizations are required to include indicators identified by the Minister in annual quality improvement plans (AQIP) under the Excellent Care for All Act, 2010 regulations. Specifically, amendments to the regulations outlined in O. Reg. 280/17 provide that the Minister, after having considered the advice of the Council, may direct a…