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Jun 29, 2022

Waksdale Strikes Back: Ontario Court of Appeal Overturns Rahman; Employee Sophistication Cannot Save Deficient Termination Clause

Recently the Ontario Court of Appeal in its decision Rahman v Cannon Design Architecture Inc., 2022 ONCA 451, confirmed that employee sophistication and involvement in negotiation of…

May 17, 2022

Reminder to Ontario Employers: Upcoming Deadlines for Workplace Policy Requirements

Ontario employers be advised: there are two upcoming deadlines to implement new workplace policies to comply with recent legislative amendments to the Employment Standards Act, 2000 (“ESA”).…

May 2, 2022

Bill 88 Introduces New Policy Requirement and Significant Changes for Employers in Ontario

On April 11, 2022, Bill 88 the Working for Workers Act, 2022 (“Bill 88”) received royal assent, making it law in Ontario. Bill 88 makes amendments to…

Court of Appeal: One Incident of Sexual Harassment May Warrant Summary Termination

Dismissal for just cause has been described as the “capital punishment” of employment law. Indeed, courts are generally reluctant to uphold a dismissal for just cause absent…

Mar 1, 2022

Ontario Will Require Certain Employers to Implement Electronic Monitoring Policies

On February 24, 2022, the Government of Ontario announced that it will introduce new legislation requiring employers with 25 or more workers to implement a written electronic…

Guidance for Ontario Employers on Disconnecting from Work Policies and Non-Compete Agreements

On December 2, 2021, the Working for Workers Act, 2021 (the “Act”) received royal assent. As we discussed in an earlier update, the Act, among other things,…

Feb 16, 2022

Federal Advisory Committee Offers Insight into Disconnect from Work Policies for Employees

The COVID-19 pandemic has blurred the line between work and home life for many employees. Disconnecting from work has in turn become significantly more difficult. In response,…

Jan 4, 2022

That’s an Order! Ministry of Labour reminds Employers that Compliance with Orders to Pay (and other Statutory Obligations) are not Optional

A Toronto-based newspaper and advertising company – and its director – were recently fined $90,000 and $10,000 respectively for failing to pay employees the wages they were…

Dec 2, 2021

Employer Alert: Ontario Passes Working for Workers Act, 2021

On November 30, 2021, the Government of Ontario passed the Working for Workers Act, 2021 (the “Act”), an omnibus legislation that amends several employment-related statutes, including the…

Sep 27, 2021

New Hope for Employers for “Just Cause” Termination Provisions: Rahman v Cannon Design Architecture Inc.

In Rahman v Cannon Design Architecture Inc., 2021 ONSC 5961 (“Rahman”), Justice Dunphy of the Superior Court of Ontario rejected the plaintiff’s argument that a “just cause”…

Sep 23, 2021

Ontario Human Rights Commission Releases Policy Statement on COVID-19 Vaccine Mandates and Proof of Vaccine Certificates That Provides Guidance to Employers

Overview of Policy and Requirements Regarding Mandatory Vaccination As the highly contagious Delta variant of COVID-19 continues to spread, and following a whirl of announcements from federal,…

Sep 14, 2021

A Cautionary Tale for Employers: Russell v The Brick Warehouse LP

In Russell v The Brick Warehouse LP, 2021 ONSC 4822 Justice Vella of the Superior Court of Ontario awarded a terminated employee $25,000 in moral damages due…

Sep 1, 2021

Ontario Extends COVID-19 Employee Paid Infectious Disease Emergency Leave Program

In response to rising COVID-19 cases driven by the Delta variant, the Ontario government has extended its COVID-19 paid infectious disease emergency leave program until the end…

Aug 27, 2021

New Ontario Regulation: Employers Must Comply with the Advice of the Chief of Medical Officer of Health Regarding COVID-19 Vaccination Policies

On August 24, 2021, the Ontario government filed O. Reg. 577/21, amending O. Reg. 364/20 (Rules for Areas at Step 3 and at the Roadmap Exit Step).…

Aug 26, 2021

Best Lawyers in Canada recognizes 50 WeirFoulds lawyers in 2022 edition including the new Best Lawyers Ones to Watch category

WeirFoulds congratulates 45 of our lawyers on being recognized in the 2022 edition of Best Lawyers in Canada and five of our senior associates on being recognized…

Aug 19, 2021

Elections in the Time of COVID: Employer Obligations on Federal Election Day and COVID-19 Considerations

On September 20th, 2021, Canadians will head to the polls to elect their next Prime Minister and members to Parliament. This will be the first time in…

Jul 12, 2021

Do Not Make a Bad Situation Worse: Court of Appeal Awards Punitive Damages for Inadequate Safety Practices following a Workplace Accident

In Eynon v Simplicity Air Ltd,[1] the Ontario Court of Appeal recognized that post-incident conduct in the workplace can expose an employer to additional liability. The Court…

Federally Regulated Employers Take Note: Upcoming Obligations for Equal Pay for Work of Equal Value Under the Pay Equity Act

Coming into force on August 31, 2021, the Government of Canada’s Pay Equity Act (the “Act”) is part of a framework for long-term changes to ensure that…

Jun 29, 2021

You Heard Us the First Time: Global Payrolls Determine Severance Pay Obligations in Ontario

In Hawkes v. Max Aicher (North America) Limited,[1] the Divisional Court strongly affirmed and expanded the 2014 ruling in Paquette v Quadraspec Inc[2] that an employer’s entire…

Jun 21, 2021

The Ontario Court of Appeal Provides a Clear Solution to the Common Employer Doctrine

In O’Reilly v ClearMRI Solutions Ltd.[1], the Ontario Court of Appeal clarified when the “common employer doctrine” will ascribe liability to a corporation in respect of an…

Jun 9, 2021

The Home Stretch: Ontario Extends Temporary ESA COVID-19 Rules to September 25, 2021

On May 29, 2020, as Ontario was in the midst of the first wave of the COVID-19 pandemic, the Ontario government introduced Ontario Regulation 228/20 (the “Regulation”)…

May 11, 2021

Daniel Wong interviewed by Canadian HR Reporter on how employers can survive compliance audits amid the Covid-19 pandemic

WeirFoulds Partner and Chair of the Employment Law Practice Group, Daniel Wong, was recently interviewed by Jeffrey R. Smith of Canadian HR Reporter. The interview was featured…

Apr 29, 2021

Stay Home and Stay Safe: Ontario Announces Paid Sick Leave to Combat COVID-19 Pandemic

The ongoing COVID-19 pandemic has placed the Ontario government in the unenviable position of having to balance the need to protect workers with the need to preserve…

Apr 26, 2021

The Lawyer’s Daily cites WeirFoulds Partner Daniel Wong and Associate Max Skrow in an article on the increased inspections of workplaces in Ontario amid rise of COVID-19 cases

On April 16, 2021, John Schofield of The Lawyer’s Daily reported on the government of Ontario’s increased inspections of construction sites and workplaces provincewide as new COVID-19…

Apr 20, 2021

Toronto and Peel to Name and Shut down Workplaces with COVID-19 Breakouts; Other Regions may Follows may Follow

As Ontario continues to experience its third wave of the COVID-19 pandemic, it has become clear that this wave is quite unlike the previous two. While Ontario…

Apr 12, 2021

Employers, Are you Ready? Ontario Continues to Ramp up Workplace Inspection Efforts

In January 2021, the Ontario government announced that it was ramping up workplace health and safety inspections in an effort to combat COVID-19.[1] With COVID-19 cases again…

Jan 21, 2021

Ontario Further Expands its Workplace Inspections Campaign to Combat COVID-19

Last week, the Ontario government announced that it would be ramping up workplace inspections to combat the rising number of COVID-19 cases in the province.[1] The government’s…

Jan 18, 2021

Is it Time For Employers to Review Your Employment Contracts? The Supreme Court of Canada Says Yes

On January 14, 2021, the Supreme Court of Canada denied Swegon North America Inc.’s application for leave to appeal the Ontario Court of Appeal’s decision in Waksdale…

Jan 14, 2021

Ontario Ramps up Workplace Inspections to Combat COVID-19

The Ontario government recently announced additional measures aimed at addressing the recent rise in COVID-19 cases in the province,[1] and are now taking steps to ensure that…

Jan 13, 2021

Ontario Declares Emergency and Issues Stay-at-Home Order: What are the Implications for Employers?

Ontario has declared a second provincial emergency under the Emergency Management and Civil Protection Act in response to the growing number of COVID-19 cases in the province.…

Jan 5, 2021

Comply or Beware: Toronto to Begin Naming Employers With COVID-19 Outbreaks

As COVID-19 cases in the City of Toronto continue to rise, local health officials are imposing additional requirements on employers to combat the spread. On Monday, January…

Dec 23, 2020

Ontario Announces Provincewide Shutdown: What Does This Mean for Employers?

On December 21, 2020, Ontario announced that it will move into a provincewide shutdown to stop the spread of COVID-19. The provincewide shutdown will go into effect…

Dec 18, 2020

Stop the Clock: Ontario Again Extends the Deemed COVID-19 Emergency Leave and Introduces Flexibility for Layoffs in Unionized Workplaces

Ontario has once again extended the relief for employers from the temporary layoff provisions under the Ontario Employment Standards Act, 2000 (ESA) in the hopes of protecting…

Dec 17, 2020

An Employer’s $115K Mistake in a Wrongful Dismissal Settlement

On November 9, 2020, Brown J.A., writing for a unanimous Ontario Court of Appeal, released his decision in Kearns v Canadian Tire Corporation Limited, upholding the 2019…

Oct 11, 2020

Ontario Introduces further COVID Restrictions and Promises $300 million to help Businesses Weather the Storm: What Employers Need to Know

With COVID-19 cases on the uptick, the Ontario government has imposed modified Stage 2 restrictions in the Ottawa, Peel and Toronto regions. The following measures will be…

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