COVID-19 and WSIB Claim Costs

Public Health Ontario publishes weekly epidemiological summaries regarding COVID-19 in Ontario. The most recent report, published October 7, 2022, noted a gradual increase in case trends and percent positivity over the past three weeks. Current projections suggest that weekly case numbers may continue to rise over the coming weeks.  Given forecasted increases, here is a…

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

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…

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

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.”…

Arbitrator Finds Two-Dose Vaccination Policy No Longer Reasonable

On June 17, 2022, Arbitrator Nairn held in FCA Canada Inc. v Unifor, Locals 195, 444, 1285 that a two-dose mandatory vaccination policy (Policy) implemented by an employer was no longer reasonable going forward due to the evolving scientific evidence regarding the COVID-19 virus. In so finding, she cited a number of pre-print scientific studies…

Arbitrator Upholds Mandatory Vaccination Policy—Reduced Public Health Measures of No Consequence

In a “bottom line” decision in Extendicare Lynde Creek Retirement Home and United Food & Commercial Workers Canada, Local 175, Arbitrator Raymond upheld the mandatory COVID-19 Immunization Policy (Policy) of a retirement home, finding that the Policy is a reasonable workplace rule and consistent with the collective agreement, the Occupational Health and Safety Act, the…

Arbitrator Upholds TDSB Mandatory Vaccination Policy

On March 22, 2022, Arbitrator William Kaplan issued The Toronto District School Board and CUPE, Local 4400 (Re COVID-19 Vaccine Procedure), an award in which he upheld the mandatory vaccination policy (Policy) of the Toronto District School Board (TDSB). He found that the Policy did not infringe section 7 (life, liberty and security of person)…

Further Easing of Ontario Public Health Restrictions Coming March 21, 2022

On March 11, 2022, the Ontario government filed O. Reg. 213/22 which amends O. Reg. 364/20: Rules for Areas at Step 3 and at the Roadmap Exit Step made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. O. Reg. 213/22 gives effect to the further reduction of public health restrictions in force…

Ontario to Ease Capacity Limits and Lift Proof of Vaccination Requirements

With the key public health indicators improving and the Omicron variant beginning to retreat, the Ontario government has announced that public health measures imposed to contain the spread of COVID-19 will be eased, effective February 17 and March 1, 2022. The province has announced that it intends to lift proof of vaccination requirements and all…

Ontario to Ease Public Health Measures on January 31, 2022

On January 20, 2022, the Ontario government announced a gradual easing of public health measures, beginning on January 31, 2022. Effective on that date, the new measures will include: social gathering limits increased to 10 people indoors and 25 people outdoors. capacity limits increased to (or maintained at) 50% in indoor public settings, including restaurants,…