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  • Article

    Violation Of COVID-19 Protocols Amount To Just Cause For Termination

    Approaching the one-year mark of the COVID-19 pandemic, cases that deal with the termination of employees for reasons related to the pandemic are continuing to work their way through the courts...
    CanadaCoronavirus (COVID-19)
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Employer Obligations During The Upcoming Municipal Elections

    Municipal elections across Ontario are scheduled to take place on October 24, 2022. Employers are obligated to provide their employees with sufficient time off work to vote.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Arbitrator Upholds Canada Post's Mandatory Vaccination Practice

    In Canada Post Corporation and CUPW (Grievance re: CUPW/STTP National Mandatory Vaccination Practice) (unreported, 28 April 2022), Arbitrator Jolliffe upheld Canada Post Corporation's ("CPC")...
    CanadaCoronavirus (COVID-19)
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    COVID-19: Lockdown In Toronto And Peel & Changes For Other Regions

    In light of the rising number of COVID-19 cases, on November 20, 2020, the Ontario government announced that certain provincial regions would be moved into different coloured zones
    CanadaCoronavirus (COVID-19)
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Arbitrator: Reasonableness Of Employee Drug Testing Must Be Assessed Separately From Alcohol Testing

    Arbitrator found that the fact that an employee reported to work smelling of alcohol did not provide the employer with reasonable cause to test that employee for drugs.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Bill 124: The Saga Ends, With A Declaration Of Unconstitutionality And A Promise Of Repeal

    On Monday, February 12, 2024, the Ontario Court of Appeal released its decision in Ontario English Catholic Teachers Association v. Ontario (Attorney General). Justice Favreau, writing for the majority, found Bill 124...
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    CEWS Revisited: What Employers Need To Know

    On November 19, 2020, Bill C-9, An Act to amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy) received Royal Assent.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Confidentiality Limited: When Anonymous Whistleblowers Must Be Identified

    In Jarvis v The Toronto-Dominion Bank ("Jarvis"), the Ontario Superior Court of Justice ("Court") ordered that a complainant's identity be disclosed in the context of a wrongful dismissal lawsuit...
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Crystal Ball Termination Clauses: Potential Future Breach Of ESA Renders Provision Void

    In Rutledge v Canaan Construction Inc., the Ontario Superior Court of Justice determined that even if an employee is exempt from certain minimum standards under the Employment Standards Act, 2000...
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Federally Regulated Private Sector Employees Now Entitled To Paid Medical Leave

    Today, amendments to the Canada Labour Code ("Code") come into force to provide federally regulated private sector employees with up to 10 days of paid medical leave per calendar year.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Hiring Do's, Don'ts And Best Practices

    Filion Wakely Thorup Angeletti LLP offers regular – and complimentary – webinars which provide employers with practical and timely guidance on a full range of workplace issues
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Is Requiring Permanent Eligibility To Work In Canada Permissible?

    In July of 2018, we wrote about Haseeb v. Imperial Oil Limited, 2018 HRTO 957. In this decision, the Human Rights Tribunal of Ontario ("HRTO") found that requiring a job candidate to be a permanent...
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Mandatory Vaccination Policy Upheld By Arbitrator

    Paragon Protection Ltd. is a privately owned security company
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Ontario Arbitrator Upholds Rapid Testing Protocol

    In a recent recent decision, an Ontario Arbitrator upheld an employer's compulsory rapid testing protocol. The Union's grievance, which alleged that the testing protocol was unreasonable, was dismissed.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Ontario Court Of Appeal Confirms That Employers Must Lead Evidence When Disputing Mitigation Efforts

    In a recent ruling, the Court of Appeal for Ontario set aside a lower court decision that reduced a dismissed employee's reasonable notice period on the grounds of poor mitigation efforts.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Ontario Introduces Bill 88: Legislation Mandating Electronic Monitoring Policies And Workplace Naloxone Kits And Increasing Fines Under The OHSA

    On February 28, 2022, the Ontario Legislature introduced Bill 88, Working for Workers Act, 2022. In addition to the enactment of the Digital Platform Workers Rights Act, 2022...
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Read Before You Click – Court Of Appeal Finds No Entitlement To Unvested Stock Options

    In Battiston v. Microsoft Canada Inc. the Court of Appeal for Ontario recently held that an employee who provided online confirmation that he had read his employer's stock option...
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Arbitrator Finds "Age-Related Risk To COVID-19" To Be Insufficient Grounds For WFH Accommodation

    In Ottawa Catholic School Board v. Ontario Public Service Employees Union, Local 423, 2023 CanLII 33027 (ON LA), Arbitrator Parmar determined that an employer (the "School Board")...
    CanadaLitigation, Mediation & Arbitration
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Civil Rules Reform Working Group Proposes Sweeping Changes

    On April 1, 2025, the Civil Rules Review ("CRR") Working Group released its Phase 2 Consultation paper ("Paper"), proposing comprehensive reforms to the Rules of Civil Procedure in Ontario.
    CanadaLitigation, Mediation & Arbitration
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Sometimes Even When You Win, You Lose: Court Of Appeal Confirms Independent Contractors Have Duty To Mitigate

    In Monterosso v. Metro Freightliner Hamilton Inc., 2023 ONCA 413, the Court of Appeal accepted the employer's argument that independent contractors, unlike employees...
    CanadaLitigation, Mediation & Arbitration
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP

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