On June 24, 2020, the federal government announced a new regime to help ensure that federally regulated workplaces are free from harassment and violence. The new regime will come into force on January 1, 2021, and will include changes to Part II of the Canada Labour Code by Bill C-65, An Act to amend the Canada Labour Code (harassment and violence), as well as the federal government’s Workplace Harassment and Violence Prevention Regulations. more >
On October 9, 2020, the Supreme Court of Canada issued its long-awaited decision in Matthews v Ocean Nutrition Canada Ltd., 2020 SCC 26 (“Matthews”), finding that the Plaintiff was entitled to Long Term Incentive Plan (“LTIP”) compensation during the reasonable notice period despite plan language to the contrary. more >
On September 25, 2020, the Ontario Government amended Ontario Regulation 364/20 “Rules for Areas in Stage 3” under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. The amendment requires businesses or organizations to operate in compliance with the advice, recommendations and instructions issued by the Office of the Chief Medical Officer of Health on screening individuals. more >
On September 3, 2020, the Ontario government announced that the suspension of certain provisions of the Employment Standards Act, 2000 will be extended to January 2, 2021. more >
On August 20, 2020, the federal government announced that the maximum benefit under the Canada Emergency Response Benefit would be extended to 28 weeks. more >
On July 24, 2020, the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 was proclaimed and is now in effect. The declaration of emergency was terminated upon proclamation of the Act. The Act provides the Ontario government greater flexibility to extend, amend and revoke orders made under sections 7.0.2 or 7.1 of the Emergency Management and Civil Protection Act, even after the end of the declaration of emergency. more >
On June 17, 2020, the Ontario Court of Appeal issued a decision in Waksdale v Swegon North America Inc (“Waksdale”), which involved a dispute regarding the enforceability of a termination clause in an employment contract. In Waksdale, the Court of Appeal overturned the lower court’s decision that the termination clause in question was enforceable. The Court of Appeal’s decision provides clarification with respect to the interpretation of termination clauses and the limitations of severability clauses in employment agreements. more >
The Ontario government moved the City of Toronto and Peel Region into Stage 2 on June 24, 2020 (joining the other 31 public health regions that entered Stage 2 on June 12, 2020 and June 19, 2020), allowing more businesses and services to open. more >
On May 29, 2020, the Legislative Assembly of Ontario passed O. Reg. 228/20: Infectious Disease Emergency Leave. The Regulation makes significant changes to the application of the Employment Standards Act for non-unionized employees that have seen reductions in hours or wages as a result of the COVID-19 pandemic. more >
With many people working remotely as a result of the COVID-19 pandemic, the use of video teleconference platforms has widely increased. Our firm has been participating in virtual mediations and hearings before labour arbitrators, administrative tribunals, and the courts. As the legal community gains experience with virtual platforms, certain protocols and best practices are being developed. more >