Ontario Court Denies Injunctive Relief Pending Action Challenging Employer’s Vaccination Policy

On October 29, 2021, Justice Dunphy of the Ontario Superior Court of Justice declined to extend emergency injunctive relief to a group of University Health Network (UHN) employees, seeking reprieve from UHN’s Mandatory COVID-19 Vaccination Policy (Policy) which required employees to either become fully vaccinated against COVID-19 by October 22, 2021, or be terminated from…

Updated Guidance on ROE Codes to be Used for Non-Compliance with Workplace Vaccination Policies

On October 15, 2021, Employment and Social Development Canada (ESDC) updated its website page EI information for employers – COVID-19 with respect to Block 16 – Reasons for issuing this ROE (record of employment). Block 16 is used to indicate the reason for the employee’s leave or separation from employment, or why the ROE is…

Ontario Eases Capacity Limits in Select Settings

On October 8, 2021, the Ontario government announced that would be “cautiously” lifting capacity limits in select settings where proof of full vaccination is required, effective October 9, 2021. O. Reg. 698/21, amending O. Reg. 364/20, the Rules for Areas at Step 3 and at the Roadmap Exit Step, gives effect to these changes. For…

Ontario Announces Rapid Antigen Testing for Schools and Licensed Child Care Settings

On October 5, 2021, the Ontario government announced that it is increasing access to rapid antigen COVID-19 testing for schools and licensed child care settings, where there is increased risk of transmission of COVID-19. The program will provide rapid screening for unvaccinated and asymptomatic children and students. The testing will be done on a voluntary…

Ontario Announces Mandatory Vaccination Requirements for Long-Term Care Homes

On October 1, 2021, the Ontario government announced that COVID-19 vaccinations will become mandatory for all in-home staff, support workers, students, and volunteers in long-term care homes, unless a valid medical exemption is presented. These individuals will have until November 15, 2021 to show proof that they have received all required doses of a COVID-19…

Ontario Eases Capacity Limits for Certain Indoor and Outdoor Settings

On September 24, 2021, the Ontario government announced that effective September 25, 2021 at 12:01 am, it is easing capacity limits for certain indoor and outdoor settings where proof of vaccination is required. Proof of vaccination will also be required for additional specified outdoor settings. Ontario Regulation 678/21 amends Ontario Regulation 364/20, Rules for Areas…

Ontario Issues Updated Guidance on Isolation Requirements

On August 11, 2021, the Ontario government released COVID-19 Fully Immunized and Previously Positive Individuals: Case, Contact and Outbreak Management Interim Guidance (Guidance). It contains “updated recommendations for case and contact, and outbreak management of fully immunized and previously positive individuals in Ontario,” in light of the vaccination rollout and the emergence of variants of…

Arbitrator Upholds Employers’ Mandatory COVID-19 Testing Program

In Ellisdon Construction Ltd. v Labourers’ International Union of North America, Local 183, Arbitrator Kitchen recently upheld the Abbott Panbio Rapid COVID-19 Antigen Screening Program implemented by EllisDon, a construction and building services company, at many of its worksites. Arbitrator Kitchen stated that “[w]hen one weighs the intrusiveness of the rapid test against the objective…

Court Finds IDEL Regulation Under ESA Precludes Constructive Dismissal Claim at Common Law

In Taylor v. Hanley Hospitality Inc., the Ontario Superior Court considered the interaction between the Infectious Disease Emergency Leave regulation (IDEL Regulation) made under the Employment Standards Act, 2000 (ESA) and a claim for constructive dismissal at common law. It held that the IDEL Regulation precludes a constructive dismissal claim where employees’ hours are reduced…

Ontario to Enter Step 1 of Reopening on June 11, 2021

The Ontario government has announced that effective June 11 at 12:01 a.m., all regions of the province will enter Step 1 of its Roadmap to Reopen as the COVID-19 cases slowly begin to drop and the vaccination rates increase.