Publication Type: Blog Post

Court Finds that Placing Employee on Unpaid Leave for Failure to Comply with Vaccination Policy was not Constructive Dismissal

· 3 min read

In Parmar v Tribe Management Inc., the British Columbia Supreme Court recently found that an employee was not constructively dismissed when she was placed on an unpaid leave of absence for refusing to comply with her employer’s mandatory COVID-19 vaccination policy (Policy). The Court held that the employer’s decision to place the employee on the…

Ontario Seeking Feedback on Plan to Expand Benefits Coverage

· 1 min read

On September 27, 2022, the Ontario government announced that it is seeking public feedback on its plan to expand benefits like health and dental to workers who need coverage, including those in part-time and precarious jobs, in sectors such as retail, hospitality and the gig economy. This call for feedback follows the government’s appointment of…

Employers Take Note: New Obligations under Temporary Foreign Workers Program Now in Effect

· 4 min read

Amendments to the Immigration and Refugee Protection Regulations made under the Immigration and Refugee Protection Act which came into effect on September 26, 2022 place new obligations on employers who employ temporary foreign workers (TFWs). Significantly, these obligations include the requirement for an employer to commit to having an employment agreement in place with the…

Court Finds ESA-Only Termination Clause Unenforceable Due To Wording of Conflict of Interest and Confidential Information Clauses

· 4 min read

In Henderson v. Slavkin et al., the Ontario Superior Court of Justice found that a termination clause in an employment contract which limited entitlements upon termination to only the minimums required by the Employment Standards Act, 2000 (ESA) was unenforceable due to the wording of the provisions related to “confidential information” and “conflict of interest.”…

Municipalities Take Note: Ontario Introduces Strong Mayors, Building Homes Act, 2022

· 2 min read

On August 10, 2022, the Ontario government introduced Bill 3, Strong Mayors, Building Homes Act, 2022 (Bill 3) for first reading. If passed, Bill 3 would amend the City of Toronto Act, 2006 and the Municipal Act, 2001 to provide new powers to the mayor of the City of Toronto and mayors of other “designated…

Ontario Reintroduces the Plan to Build Act (Budget Measures), 2022

· 1 min read

On August 9, 2022, the Ontario government reintroduced the Plan to Build Act (Budget Measures), 2022 (Act) as Bill 2 for first reading. The government tabled its 2022 Budget, Ontario’s Plan to Build, and originally introduced the Act as Bill 126 on April 28, 2022. That same day, the Ontario Legislature rose, and on June…

Arbitrator Finds University’s Vaccination Policy to be Reasonable

· 6 min read

On July 22, 2022, Arbitrator Wright released a preliminary award, Wilfrid Laurier University v United Food and Commercial Workers Union, in which he found that the University’s mandatory vaccination policy (Policy) was reasonable. In so finding, he cited the fact that the University implemented the Policy in accordance with the instructions and advice issued by…

Class Action Dismissed in Favour of Defendant

· 3 min read

In Rebuck v. Ford Motor Company, the Ontario Superior Court recently granted the defendants’ motion for summary judgment to dismiss the plaintiff’s class action. The class action involved an allegation of misleading advertising under the federal Competition Act. Factual History In 2014, a consumer filed a lawsuit after noticing that the miles per gallon (MPG)…