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Ontario Appoints Special Advisors To Review Workplace Safety & Insurance Board
On May 23, 2019, the Ontario Government announced its appointment of two special advisors, Linda Regner Dykeman and Sean Speer
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Ontario Government To Amend Employment Standards Act, 2000 For Job Protection Amidst COVID-19 Outbreak
On March 16, 2020, the Ontario Government announced that it intends to table legislation that, if passed, would amend the Employment Standards Act, 2000 (ESA) to immediately provide job protection...Filion Wakely Thorup Angeletti LLP - Article
Retirement Home Vaccination Policy Requiring Booster Doses Held "Reasonable"
In Extendicare Lynde Creek Retirement Home Residence and United Food & Commercial Workers Canada, Local 175, Arbitrator Stephen Raymond issued a consent award...Filion Wakely Thorup Angeletti LLP - Article
Superior Court Finds Employer's Attempt To Reverse Remote-Work Arrangement Was Constructive Dismissal
In Byrd v Welcome Home Children's Residence Inc., the Ontario Superior Court of Justice – Small Claims Court (the "Court") held that the Plaintiff was constructively dismissed...Filion Wakely Thorup Angeletti LLP - Article
Unilaterally Revoking Existing Accommodations Is Risky Business
In Kovintharajah v. Paragon Linen and Laundry Services Inc., 2021 HRTO 98, Vice-Chair Best held that the employer violated the Human Rights Code.Filion Wakely Thorup Angeletti LLP - Article
Dismissal Following Lengthy Unauthorized Absence Not Discriminatory, Says HRTO
In Joseph v. Tecumseh Community Development Corporation, 2019 HRTO 635 ("Joseph") the Tribunal dismissed an application made by an employee whose employmentFilion Wakely Thorup Angeletti LLP - Article
City Of Toronto Recommends Implementation Of COVID-19 Vaccination Policies
On August 19, 2021 the City of Toronto announced that it would be implementing a mandatory COVID-19 vaccination policy for its employees, and would be encouraging other employers to follow its lead.Filion Wakely Thorup Angeletti LLP - Article
Arbitrator Finds Employer Not Required To Reimburse Costs Arising From Transition To Remote Work
In Toronto District School Board v CUPE Local 4400, Arbitrator Gedalof held that the Toronto District School Board (the "Board") was not obligated to reimburse Board employees...Filion Wakely Thorup Angeletti LLP - Article
Bill 124 Wage Reopener Award: Another Significant Increase In Public Sector Wages
On January 22, 2024, Arbitrator Gerry Lee issued his Interest Arbitration Award in Ontario and OPSEU/SEFPO (Unified Bargaining Unit), dealing with the wage reopener provision in the collective agreement.Filion Wakely Thorup Angeletti LLP - Article
Companion COVID-19 Cases: Mandatory Vaccination Policy Upheld & Arbitrator Finds Just Cause For Employee Terminations
Four years after the onset of the COVID-19 pandemic, we are beginning to see judicial and arbitral clarity regarding employer conduct during this unprecedented period.Filion Wakely Thorup Angeletti LLP - Article
Election 2021: The Obligation To Provide Paid Time Off To Vote
On September 20, 2021 Canadians will head to the polls. Under the Canada Elections Act, all employees who are "electors" are entitled to three consecutive hours on Election Day to cast their vote during voting hours.Filion Wakely Thorup Angeletti LLP - Article
Employers Win: Supreme Court Dismisses Application For Leave To Appeal Case On Termination For Frustration Of Contract
On December 19, 2024, the Supreme Court of Canada dismissed an employee's application for leave to appeal a decision of the Ontario Court of Appeal...Filion Wakely Thorup Angeletti LLP - Article
Federal Labour Program Provides Guidance On New Workplace Harassment And Violence Laws
On January 1, 2021, enhanced obligations came into effect to assist in the prevention of harassment and violence in federally regulated workplaces.Filion Wakely Thorup Angeletti LLP - Article
Get Your Platform Ready: Digital Platform Workers' Rights Act, 2022 Brings New Gig Work Standards As Of July 1, 2025
Ontario's Digital Platform Workers' Rights Act, 2022 ("DPWRA") will come into force on July 1, 2025, significantly changing the regulatory framework...Filion Wakely Thorup Angeletti LLP - Article
Ontario Court Finds Independent Job Search Through Personal Network Does Not Amount To Inducement In Wrongful Dismissal Case
In the recent case of Shelp v. GoSecure Inc., the Superior Court of Justice (the "Court") ruled through a summary judgement motion that a Plaintiff's independent job search...Filion Wakely Thorup Angeletti LLP - Article
Right To Sue Applications: WSIB Proceedings As A Shield
In a recent decision, the Workplace Safety and Insurance Appeals Tribunal ("WSIAT") held that a grocery store manager was not entitled to sue a third party bakery (the "Bakery")...Filion Wakely Thorup Angeletti LLP - Article
The Ontario Court Of Appeal Addresses Inability To Mitigate Due To Physical Incapacity And Aggravated Damages In The Manner Of Dismissal
The Court of Appeal recently confirmed that an employee may be able to establish that they were physically incapable of mitigating their damages during a reasonable notice period, even without expert medical evidence.Filion Wakely Thorup Angeletti LLP - Article
Update: The Supreme Court Of Canada Denies Motion For Re-Hearing In R v. Greater Sudbury
A recent decision of the Supreme Court of Canada has effectively confirmed that the definition of "employer" under Ontario's Occupational Health and Safety Act ("OHSA") includes project stakeholders...Filion Wakely Thorup Angeletti LLP - Article
Updated ESA Poster Now Available
The Ontario Ministry of Labour has published an updated ESA Poster.Filion Wakely Thorup Angeletti LLP - Article
WSIB Allows Employers To Defer Reporting And Payment Obligations
On March 26, 2020, the Workplace Safety and Insurance Board ("WSIB") announced that it would allow both Schedule 1 and Schedule 2 employersFilion Wakely Thorup Angeletti LLP