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Apr 21, 2021

Stricter Orders from Peel Public Health Include Mandatory Workplace Shutdowns

On April 20, 2021 Peel Public Health announced a new Order pursuant to section 22(5.0.1) of the Health Protection and Promotion Act, RSO 1990, c H....

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Apr 19, 2021

By Mike MacLellan

COVID-19: Non-Essential Construction is Shut Down…Again (But What Does That Really Mean?)

In reaction to a spiking third wave of COVID-19 cases across the province, the Ontario government has implemented new emergency orders, this time i...

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Apr 16, 2021

BREAKING: Ontario Announces New Restrictions as COVID-19 Cases Continue to Surge

Ontario is well into the third wave of the COVID-19 pandemic and our collective hopes for a relatively normal summer are growing dimmer by the day....

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Apr 14, 2021

Ontario Superior Court Awards 26 Months' Notice to Employee with "Exceptional Circumstances"

The plot surrounding the attempted elimination of the longstanding unofficial 24-month cap on reasonable notice continues to thicken. In recent yea...

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Apr 7, 2021

B.C. Human Rights Tribunal “Unmasks” Unsubstantiated Discrimination Allegations and Delivers Common-Sense Decision on Masking Policies

A very recent screening decision out of British Columbia provides some welcome reassurance to businesses attempting to enforce masking requirements...

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Apr 7, 2021

BREAKING COVID-19 NEWS: ONTARIO IMPLEMENTING ANOTHER STAY-AT-HOME-ORDER

The Ontario government is immediately declaring a third provincial emergency under s 7.0.1 (1) of the Emergency Management and Civil Protection Ac...

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Apr 1, 2021

COVID-19 Shutdown: Ontario Implements a Province-wide Emergency Brake on Community Transmission

As we are all unfortunately well-aware, COVID-19 infection rates continue to rise and intensive care units across the province are, once again, tee...

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Mar 31, 2021

UBER’S FLEXIBLE WORK+ PROGRAM: INNOVATIVE IDEA OR DECEPTIVE DESIGN?

The saga between new-aged delivery drivers and their app-based governing bodies continues, now in the form of Uber’s new Flexible Work+ progr...

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Mar 25, 2021

SPRING CLEANING: NOW IS THE TIME TO TIDY UP YOUR CONTRACTS AND POLICIES

The warm weather is here and spring cleaning has begun. While most people think of dusting shelves, removing clutter and vacuuming the rug, we here...

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Mar 18, 2021

By Kelsey Orth

DESPERATELY SEEKING PROXY: COURT OF APPEAL DECISION MAKES PAY EQUITY MAINTENANCE AND CATCH-UP A LOOMING ISSUE

Ontario's Pay Equity Act aims to remedy systemic gender discrimination in terms of pay in predominantly female occupations. This is normally done b...

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Mar 11, 2021

By Mike MacLellan

What were you Expecting? Ontario Court Rules that Pregnancy of Terminated Employee Extended the Reasonable Notice Period

By now you’ve read enough of our blogs to commit the common law reasonable notice of termination “Bardal” factors to memory: char...

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Mar 4, 2021

Ontario Superior Court Offers Further Guidance on the Impact of COVID-19 on Reasonable Notice Entitlements

A recent Ontario Superior Court decision, acts as a successor to the earlier Yee v Hudson’s Bay Company, 2021 ONSC 387 decision that we wrote...

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Feb 24, 2021

Ontario Court Sets Sky High Bar for Job Abandonment

Although uncommon, from time to time employers may find themselves dealing with job abandonment. As the very recent decision of Hettrick v Triple F...

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Feb 17, 2021

DISCRIMINATION AND RETALIATION: EMPLOYEE TERMINATED AFTER COMPLAINING ABOUT INAPPROPRIATE COMMENTS ON HER APPEARANCE

In The Sales Associate v. Aurora Biomed Inc. and others, 2021 BCHRT 5 the British Columbia Human Rights Tribunal ruled in favour of a Complainant w...

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Feb 11, 2021

By Kelsey Orth

Missed Opportunity For Clarity Around Termination Language: Supreme Court Declines To Hear Waksdale Appeal

Back in June of last year we wrote about an Ontario Court of Appeal decision that was, in a word, “troubling”, for employers: Waksdale ...

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Feb 8, 2021

BREAKING COVID-19 NEWS: ONTARIO TO GRADUALLY LIFT STAY-AT-HOME ORDERS ACROSS THE PROVINCE

Premier Doug Ford commenced his press conference this afternoon by declaring that, "Today we're seeing some sunlight break through the clouds.&rdqu...

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Feb 3, 2021
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New Tort of Harassment Recognized in Ontario Workplace Jurisprudence

Tort law – the law of civil (as opposed to criminal or contractual) wrongs and losses – rarely arises in a workplace context. It is eve...

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Jan 27, 2021

SHOULD TERMINATED EMPLOYEES RECEIVE LONGER REASONABLE NOTICE PERIODS DURING COVID-19?

In Yee v Hudson’s Bay Company, 2021 ONSC 387, an Ontario Court issued a ruling in what may seem like a very standard case of reasonable notic...

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Jan 21, 2021

Supreme Court of Canada Reiterates the Duty of Honesty in Contractual Dealings

A recent Supreme Court of Canada (the “Court”) decision reinforced the employer’s duty of good faith and honesty in all contractu...

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Jan 14, 2021

Employee Reinstated After Flouting COVID-19 Guidelines

As employers continue to grapple with managing the risk of COVID-19 in the workplace, it is unsurprising that we are beginning to see arbitrators w...

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