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…

Ontario Amends Rules Relating to Staffing in Long-Term Care and Retirement Homes in Light of Surge in COVID-19 Cases

On April 23, 2021, the Ontario government filed a number of regulations with respect to long-term care and retirement homes in light of the pandemic and the ongoing strain it has placed on healthcare staffing. In this HR Healthcheck we outline the key aspects of these regulations. Work Redeployment For Local Health Integration Networks And…

New COVID-19 Restrictions on Masks/Face Coverings in the Workplace; Exceptions To Border Closure Restrictions Related to Students

On April 23, 2021, the Ontario government filed a number of regulations with respect to the Rules for Areas in Stage 1, Stage 2 and Stage 3. The General Rules for each Zone have been amended to require that persons responsible for a business or organization shall ensure that every person who works for those…

Key Highlights of Federal Budget 2021

On April 19, 2021, the federal government tabled its 2021 Budget “A Recovery Plan For Jobs, Growth, And Resilience” (Budget). The Budget sets out a broad range of proposals stemming from the pandemic, such as an extension of the Canada Emergency Wage Subsidy (CEWS) and an increase to the length of Employment Insurance (EI) sickness…

Ontario Makes Two Emergency Orders to Assist Hospitals in Responding to Increasing COVID-19 Cases

On April 21, 2021, the Ontario government made two emergency orders under the Emergency Management and Civil Protection Act (EMCPA) which will have an immediate impact on hospitals and the ongoing staffing challenges they face in dealing with COVID-19 cases. The first Order will permit staff in independent health facilities to be redeployed to hospitals….

Adverse Reactions to COVID-19 Vaccines: Employers’ WSIB Reporting Obligations and Claim Costs

The Workplace Safety and Insurance Board (WSIB) recently clarified its position with respect to the coverage of claims for COVID-19 vaccine reactions. Specifically, the WSIB FAQ section was updated with respect to employers’ reporting obligations regarding adverse reactions to COVID-19 vaccines as well as the impact of costs associated with COVID-19 vaccination claims. The recent…

Ontario Extends Stay-at-Home Order; Implements Further Restrictions

On April 16, 2021, the Ontario government extended the declared emergency made under the Emergency Management and Civil Protection Act (EMCPA) as well as the Stay-at-Home Order until May 5, 2021. Additional restrictions for the Rules for Areas in Stage 1 (Shutdown Zone), made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020,…

Ontario Amends Rules for Shutdown Zone Regarding School Closures and Limited Circumstances in Which They May Operate

The Ontario government has amended the Rules for Areas in Stage 1 to give effect to its recent announcement regarding the closure of public and private elementary and secondary schools, among other things. As a general rule, Ontario Regulation 278/21 amends the Shutdown Zone rules to require closure of all public and private schools within…