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  • Article

    Ontario Labour Relations Board Provides Insight Into Statutory Interpretation Related To IDEL Entitlements

    In this case, the employee had claimed paid IDEL from her employer for two days in June 2021.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Recent Amendments To The Competition Act Introduce New Criminal Offences, Increased Administrative Penalties, And More

    On June 23, 2022, the Budget Implementation Act, 2022, No. 1, S.C. 2022, c. 10 ("Bill C-19"), received Royal Assent. Among other changes to various federal statutes, Bill C-19 makes significant...
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Trumped-Up Resignation Does Not Create Interruption In Service, Says Ontario Court Of Appeal

    The Ontario Court of Appeal recently held that an employee's "resignation" and immediate re-hiring under a new employment contract does not serve to void prior years of accrued service.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Unsettled Settlements: Ontario Court Invalidates Release For Long-Term Disability Claims

    In Swampillai v Royal & Sun Alliance Insurance Company of Canada et al, the Ontario Superior Court of Justice applied the doctrine of unconscionability to declare a Release between an employee and employer ...
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Whose Business Is It Anyways? Arbitrator Finds Union Steward Attending Diving Course During Working Hours Was Conducting Union Business

    In Ontario Power Generation v. Power Workers' Union, an arbitrator held that taking a diving course during working hours was union business for a union steward who represented members of the employer's dive team.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Working For Workers Five Act Now Law

    Bill 190, An Act to amend various statutes with respect to employment and labour and other matters – or the Working for Workers Five Act, 2024 – received Royal Assent on October 28, 2024. As we previously wrote.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Arbitrator Holds That The Reasonableness Of Employee Drug Testing Must Be Assessed Separately From The Reasonableness Of 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.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Comprehensive Ontario Police Services Act, 2019 Changes Ontario's Policing Landscape - Again

    The Ontario Government's Comprehensive Ontario Police Services Act, 2019 ("the Act") received Royal Assent on March 26, 2019.
    CanadaGovernment, Public Sector
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Comprehensive Police Services Act, 2019 Changes Ontario's Policing Landscape - Again

    The Ontario Government's Comprehensive Ontario Police Services Act, 2019 ("the Act") received Royal Assent on March 26, 2019
    CanadaGovernment, Public Sector
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Navigating Business Growth: A Guide For Social Media Influencers

    Social media influencers embarking on the journey of growing their own businesses often face two pivotal challenges: (i) hiring additional support for product or service management...
    CanadaMedia, Telecoms, IT, Entertainment
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Court Of Appeal Upholds Employees' Right To Privacy

    On June 21, 2022, the Court of Appeal for Ontario (the "ONCA") issued a decision that reinforces an employee's right to privacy in the workplace, specifically for teachers...
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    ‘Tolls' During Polls: Employer Obligations To Facilitate Employees' Electoral And Voting Duties

    The Ontario provincial election scheduled for June 2, 2022, is fast approaching. Employers have legal obligations to provide their employees with time off to vote or perform electoral duties.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    "Canadianizing" Employment Agreements And Challenges To Mitigation

    In the recent case of Boyle v. Salesforce.com, 2025 ONSC 2580, the Superior Court of Justice (the "Court") discussed the enforceability of employment contracts containing references...
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Court Finds That Saving Clause Does Not Fix An Illegal Termination Provision

    Despite a "saving provision" that purported to incorporate the provisions of the Employment Standards Act, 2000 (the "ESA") into the employment agreement.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Injunction Denied In Mandatory Vaccination Policy Case

    In National Organized Workers v Sinai Health System, 2022 ONCA 802 ("Sinai Health"), the Court of Appeal for Ontario confirmed that it may be inappropriate to grant an injunction...
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    It's Happening Tomorrow: New ESA Amendments Effective June 21, 2024

    As we previously wrote about here, on March 21, 2024, the Ontario Government passed the Working for Workers Four Act, 2023 ("Working for Workers Four")...
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    OLRB Holds That Teachers Can (Sometimes) Refuse Work Due To Student Violence

    On May 24, 2024, the Ontario Labour Relations Board (the "OLRB") released its decision in Ontario English Catholic Teachers' Association v Dufferin-Peel Catholic District School Board.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Safety First: Refusal To Comply With Safety Program Warrants Dismissal

    In a recent decision, Waste Management of Canada Corporation v Unifor, Local 4268, Arbitrator Wilson upheld the dismissal of a long service employee...
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Temporary Injunction Awarded For Unlawful Picketing In Windsor

    In a recent decision, the Court granted an employer's request for an injunction against a union engaging in unlawful picketing activity during a strike.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Working For Workers Six Act Brings More Changes For Employers

    As we previously wrote here, on November 27, 2024, the Ontario government introduced the Working for Workers Six Act, 2024 ("Bill 229") as the most recent installment in the "working for workers" legislation series.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP

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