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.

British Columbia Supreme Court Finds CERB Amounts Should Be Deducted from Wrongful Dismissal Damages

On May 28, 2021, the British Columbia Supreme Court (Court) released its decision in Hogan v. 1187938 B.C. Ltd., finding that the plaintiff had been constructively dismissed after being temporarily laid off at the outset of the COVID-19 pandemic by the defendant, which operated a car dealership (Dealership). The plaintiff was laid off on March…

Ontario Announces Further Extension of Temporary Relief from ESA Termination and Severance Provisions

Effective June 4, 2021, the Ontario government has extended the temporary relief measures from the termination and severance provisions of the Employment Standards Act, 2000 (ESA) until September 25, 2021. The temporary measures are found in Ontario Regulation 228/20, Infectious Disease Emergency Leave (IDEL Regulation), which has been amended to define the “COVID-19 period” as that period beginning on March 1, 2020 and ending on September 25, 2021.

Ontario’s Declared Emergency and Stay-at-Home Order End on June 2, 2021

The declared emergency and the Stay-at-Home Order, both made under the Emergency Management and Civil Protection Act (EMCPA) on April 7, 2021, terminate today, June 2, 2021. Note that a Declared Emergency Leave (DEL) taken under the Employment Standards Act, 2000, generally ends on the date the declared emergency terminates, subject to exceptions. By motion…

Details about WSIB Reimbursement Process for Paid IDEL Now Available

On April 29, 2021, the Ontario government amended the Employment Standards Act, 2000 to provide paid infectious disease emergency leave (IDEL) for certain absences related to COVID-19. Employers who provide paid IDEL to eligible employees are entitled to reimbursement through the Workplace Safety and Insurance Board (WSIB), up to $200 per employee per day taken….

Human Resources Professionals Association, Durham Chapter: Labour and Employment Law Conference

Overview Join the Human Resources Professionals Association (HRPA) Durham Chapter on June 4th, 2021 for the latest information in HR Law. Joining the chapter are Hicks Morley partners Mark Mason, Natasha Monkman and Stephanie Jeronimo, and associates Alia Rashid, Allison MacIsaac, Carey O’Connor, Grant Nuttall and Sean Reginio. Learning objectives: Trends in Employment Law Recent…

Ontario Enacts Legislation to Provide Paid Leave for Reasons Related to COVID-19

On April 29, 2021, the Ontario government tabled and passed Bill 284, COVID-19 Putting Workers First Act, 2021 (Bill). The Bill amends the Employment Standards Act, 2000 (ESA) to provide eligible employees with up to three days of paid emergency leave in circumstances of absences relating to a designated infectious disease (Paid IDEL). As readers…

Superior Court Finds Ontario’s IDEL Regulation Does Not Preclude Constructive Dismissal Claim at Common Law

The Ontario Superior Court recently considered the interaction of 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. In Coutinho v. Ocular Health Centre Ltd., the Court dismissed the employer’s position that the IDEL Regulation constituted a defence to a…

Long-Term Care COVID-19 Commission Submits Final Report

On April 30, 2021, Ontario’s Long-Term Care COVID-19 Commission submitted its Final Report to the Minister of Long-Term Care. The Commission was created by the Ontario government in July 2020 in response to the impact of the COVID-19 pandemic in the long-term care sector. Specifically, the Commission was asked “to investigate the cause of the…