News & Events

We know that non-competition agreements are generally not enforceable in the employment context in Ontario if they were entered into after October 25, 2021, except in a handful of situations.  However, that still leaves: the rest of Canada; agreements prior to the magic date; those handful of exceptions; and of course, independent contractors.  In short,

In March 2024, the Court of Appeal for Ontario dismissed an employer’s appeal from the judge’s decision in Teljeur v. Aurora Hotel Group, 2023 ONSC 1324 (“Teljeur”).  The Honourable Justice Michael K. McKelvey of the Ontario Superior Court of Justice awarded seven months’ pay in lieu of notice and $15,000 in aggravated damages to a dismissed employee.

Nancy Shapiro will be co-chairing the OBA Labour & Employment Law Program:  LITIGATING AN EMPLOYMENT FILE on September 18, 2024, at the OBA Conference Centre in Toronto. To view the full program agenda, please click here.

On March 21, 2024, Bill 149 – Working for Workers Four Act, 2024 received Royal Assent. Initially announced on November 14, 2023, Bill 149 introduces various legislative changes including the following amendments to the Employment Standards Act, 2000 (“ESA“): As of March 21, 2024: Work performed during a trial period will now fall within the

In a decision of the Honourable Mr. Justice Cavanagh released January 2, 2024, Boyer v. Callidus Capital Corp., [2024] O.J. No. 41, 2024 ONSC 20, the Court held that an employer had not clearly communicated the restrictive terms of its policies with respect to vacation carry-over, deferred bonus payment and the exercise of stock options, and

Nancy Shapiro will be speaking at the online event hosted by the Canadian Lawyer Employment Law masterclass on February 15, 2024, regarding “Key employment contract and policies considerations: Focus on terminations.” Nancy will also take part in a panel discussion on: “Best practices for mitigating the risk of constructive dismissal and without cause termination cases.”

We assist clients manage all kinds of risks associated with employment. Legislative compliance is one such risk. Let’s address frequently neglected obligations of an employer that we are rarely asked about.  It is fall, almost Halloween, and we are not here to scare you, but how about an HR check-up? If you are a provincially-regulated

Martin Ejidra will be speaking at the Certificate in Canadian Benefit Plans Program in Boston, MA on October 16-18, 2023.  The Certificate in Canadian Benefit Plans provides a solid introduction to Canadian employee benefits, pensions and human resource practices. Whether you work directly with a Canadian plan or are employed by a U.S. company with affiliates in Canada,

On October 12, 2023, Busayo will participate in the Canadian Association of Black Lawyers (CABL) Annual Conference panel: Adapting to the New World of Work: Navigating Trends and Challenges.  The panel will explore the ever-evolving employment landscape in the post-pandemic era. Law firms, lawyers, clients, and regulators are adapting in an increasingly borderless world, with shifting

On May 29, 2023, for the first time in 19 years, the Office of the Privacy Commissioner of Canada (“OPC”) updated their guidance concerning privacy in the workplace and the application of the Personal Information Protection and Electronic Documents Act (“PIPEDA”). The guidance clarifies employee privacy rights, constrains employee monitoring and clarifies practical tips for

The Ontario Court of Appeal has now issued a decision confirming the law with respect to workplace harassment investigation reports, wherein the investigator /author of the report, will not be liable for defamation for the findings in the report. In the case at bar, the employer, through legal counsel, retained the service of a workplace

Busayo will be delivering a guest lecture on Human Rights and Employment Law for Humber College’s Paralegal Education Program on July 18, 2023. The Employment Law Course of the Paralegal Education Program introduces students to the law affecting employment in Ontario, including employment standards, human rights, occupational health and safety, pay equity, labour relations and

In a recent decision of the Ontario Court of Appeal, the court considered a case of pandemic layoff and whether 9 months after the layoff occurred, the employee could be said to have condoned the layoff. The Court of Appeal relied upon one of its earlier decisions in McGuinty v. 1845035 Ontario Inc., 2020 ONCA

Busayo Faderin will be presenting on the panel, A Quick Review: Key Legislation and Case Law to Remember, hosted by the Ontario Bar Association on May 12, 2023. The program is currently scheduled as an in-person program with a webcast option. For more information about the event and to register, please click here.

Busayo Faderin will be presenting on the panel, Workplace Privacy: Electronic Monitoring of Employees, hosted by the Ontario Bar Association on April 25, 2023. This program is currently scheduled as an in-person program with a live webcast option. For more information about the event and to register, please click here.

Since being released, Ontario courts have applied Waksdale v. Swegon North America Inc., 2020 ONCA 391 (“Waksdale“) and held that where a ‘for cause’ provision violates the Employment Standards Act, 2000 (“ESA“), all clauses in the employment contract are void and unenforceable, thus entitling employees to full common law notice. This was no different in

Busayo Farderin was quoted in the Canadian HR Reporter article, “Why HR should care about new violence and harassment treaty” To read the article, please click here. 

As we start off the new year it is a good time to review your practices and think of adopting some new ones.  What are the ways to do what you do better?  Here are a few thoughts on what we see businesses missing or getting wrong with great frequency. Not updating policies Your Workplace

While the 2021 ESA amendments relating to non-competition agreements are likely to limit the circumstances in which such agreements can or will be used in the future, non-competition agreements that were in place prior to the ESA amendments remain unaffected. The legal enforceability of non-competition agreements that pre-date the ESA amendments continue to hinge on

Arleen Huggins will be speaking at the HRPA 2022 Annual HR Law Conference on October 26, 2022. Arleen will be participating in a panel discussion focused on “A Retrospective of 30 Years in HR Law”. For more information about the conference, please click here.

The Ontario Court of Appeal in the 2019 decision of Dawe v. the Equitable Life Insurance Company of Canada held that only exceptional circumstances would support the award of a notice period in excess of 24 months in relation to the termination of someone’s employment. Recently they had occasion to review that decision.  At trial

After a series of extensions, deemed infectious disease emergency leave (“deemed IDEL”) will expire on July 30, 2022, and paid infectious disease emergency leave (“paid IDEL”) is set to expire on July 31, 2022. Deemed IDEL Recap Subject to certain exceptions, the Ontario government instituted temporary relief from Employment Standards Act, 2000 (“ESA”) termination and

As public health responses adapt to an ongoing and evolving COVID-19 pandemic, now dominated by the Omicron variant, arbitrators continue to consider whether mandatory workplace vaccination policies remain reasonable. In two recent decisions, Alectra Utilities Corporation v Power Workers’ Union and FCA Canada Inc. v Unifor, Locals 195, 444, 1285, labour arbitrators recognized the importance

Martin Ejidra will be speaking at the Certificate in Canadian Benefit Plans Program in Seattle on August 22-24.  The Certificate in Canadian Benefit Plans is the perfect introduction to the world of Canadian employee benefits, pensions and human resources practices. This intensive 3-day program offers unmatched opportunities for live, hands-on learning, networking with your peers

With the summer months here and many workplaces and employees focused on upcoming time off, it is important that workplaces ensure that they are up to date on new workplace requirements in Ontario. Right to Disconnect Policy For the first year of this new requirement, employers that employed 25 or more employees on January 1,

Nancy Shapiro will be speaking at the online conference hosted by CAN TECH on June 8, 2022.  Nancy’s session will focus on “Electronic Monitoring in the Workplace.” For more information about the conference, please click here

On April 5, 2022, the Government of Ontario announced that the general minimum wage rate will increase to $15.50 per hour on October 1, 2022. This increase will represent a $0.50 increase from the $15.00 per hour minimum wage which was implemented on January 1, 2022. The general and specialized minimum wage rates that will

On April 7, 2022, Finance Minister Chrystia Freeland tabled the federal government’s (the “Government“) 2022 budget  (the “2022 Budget“), entitled “A Plan to Grow Our Economy and Make Life More Affordable”. Of particular interest to unions and pension and benefit plan administrators are announcements concerning public dental and pharmacare programs, the loosening of borrowing rules

Nancy Shapiro will be speaking at the online event hosted by the Canadian Lawyer Employment Law masterclass on April 28, 2022, regarding “Legal strategies and best practices to improve employee retention”. This event has been approved for CPD credits. For more details, please click here.

The Working for Workers Act, 2021 Recently, the Ontario government introduced significant changes to workplace laws, intended to provide a wide array of benefits to employees in the province.  On December 2, 2021, Bill 27: Working for Workers Act, 2021 (“Workers Act“) received Royal Assent. Two of the most notable changes are: i) a prohibition on

In a recent decision of the Ontario Superior Court of Justice, the principles in the now infamous Waksdale v. Swegon North America Inc., 2020 ONCA 391 decision were applied to a fixed term contract, striking out a termination clause where the ‘for cause’ termination provision was broader than permitted by the Ontario Employment Standards Act, 2000

In a recent decision, Arbitrator Michael Mitchell upheld a policy on mandatory vaccination (which required two doses in addition to any recommended boosters) against COVID-19 as it applied to employees who work in an indoor setting at least some of the time.[1] The Power Workers’ Union (“the Union”) filed a policy grievance against the vaccination

Arleen Huggins will be speaking at The Osgoode Advanced Certificate in Workplace Investigations Program on March 21, 2022.  Arleen’s session will focus on “Investigating Allegations of Racism, Systemic Racism Prejudice and Bias in the Workplace”.  For more information about the program, please click here

On January 12, 2022, Arbitrator Randall J. Noonan released a decision in which he denied an application by the International Association of Professional Firefighters, Local 1286 (“IAFF”) and the Canadian Union of Public Employees, Locals 718 and 394 (“CUPE”) (together, the “Unions”) to stay the application of a mandatory vaccination policy (the “Policy”) by the

The Ministry of Government and Consumer Services announced on October 19, 2021 that the Not-for-Profit Corporations Act, 2010 (“ONCA”) has now come into force. The ONCA modernizes and streamlines the regulatory framework that applies to not-for-profit corporations and registered charities that were governed by Part III of the Ontario Corporations Act (the “Corporations”) by enhancing

On Wednesday, February 9, 2022, Martin Ejidra will speak about Koskie Minsky’s 2020 report on confronting systemic racism at the Peel District School Board & other legal cases. Koskie Minsky LLP has championed legal suits against racial discrimination in the workplace and  conducted the 2020 Report on Systemic Racism at the Peel District School Board, which

On December 17, 2021, the Canada Labour Code was amended to include the following: Bereavement Leave In the event of the death of an immediate family member or a family member, employees are entitled to a leave of absence from employment for up to ten days. The leave may be taken during the period that

In a decision released on January 12th, 2022, Arbitrator Jesin held that a workplace mandatory Covid-19 vaccination policy and associated vaccination status disclosure requirement issued by Maple Leaf Sports and Entertainment (“MLSE” or the “Employer”) for employees working at its Toronto sports and events venue Scotia Bank Arena was a reasonable exercise of the Employer’s

In a pair of decisions released back-to-back, the Ontario Labour Relations Board dismissed separate applications alleging that trade unions violated their Duty of Fair Representation in relation to their handling of complaints concerning employer COVID-19 vaccine policies. On January 10 and 11 2022, the Board released its decisions in Bloomfield v SEIU, Local 1 and

In a decision released on January 4, 2022, Arbitrator Herman denied a grievance from the United Food and Commercial Workers Canada, Local 175 (“UFCW”) concerning a workplace policy on mandatory vaccination against COVID-19 issued by Bunge Hamilton Canada (“Bunge”). UFCW grieved that the policy—which placed non-compliant employees on unpaid leave—was an unreasonable exercise of managerial

An unintended consequence of the COVID-19 pandemic was a move to remote working and more flexible work arrangements. For many, this shift has blurred the lines between home and office, as remote working and technology continue to make it easier to work from almost anywhere. As a result, the need to develop policies dealing with

The Financial Services Regulatory Authority of Ontario (“FSRA”) has finalized its guidelines for pension plan administrators dealing with the valuation and division of pension benefits upon marriage breakdown. These guidelines became effective on November 9, 2021, and will be reviewed by November 9, 2026. Scope These guidelines only apply to administrators of pension plans governed

In a decision released on November 15, 2021, Arbitrator Denis Nadeau found that a vaccination requirement promulgated by customers of several housekeeping contractors infringed the right to respect for private life provided for in Article 5 of the Quebec Charter of human rights and freedoms (the “Quebec Charter“)[1]. However, in light of Article 9.1 of the Charter, Arbitrator Nadeau held that

In Manitoba Federation of Labour et al v. The Government of Manitoba, the Manitoba Court of Appeal held that the province’s public sector wage restraint legislation did not violate the Charter of Rights and Freedoms (the “Charter”). In deciding as such, the Court of Appeal overturned a ruling by the Court of Queen’s Bench. Under the leadership of

Is labour arbitration the only avenue for unionized employees to seek redress for human rights violations? This issue—arbitral jurisdiction vis-à-vis the jurisdiction of other courts and tribunals to hear disputes in unionized workplaces—has been the subject of considerable legal debate. In Linda Horrocks v Northern Regional Health Authority, the SCC recently held that, absent legislative intention

*The injunction described below was lifted on Oct. 29, 2021.  We will provide an update shortly. On October 22, 2021, the Ontario Superior Court issued an interim injunction, temporarily halting an attempt by the University of Health Network (“UHN”) to terminate its unvaccinated employees. The injunction was granted in response to an urgent motion brought

Nancy Shapiro chairs the OBA Labour and Employment Law Program: DEALING WITH DIGITAL EVIDENCE FOR EMPLOYMENT AND LABOUR LAWYERS on October 29, 2021 .  The Program will take place via webcast only. For more information about the Program, please click here.

On September 22, 2021, the Act to Modernize Legislative Provisions respecting the Protection of Personal Information (“Bill 64“) received royal assent, just one day after it was adopted by Quebec’s National Assembly. Bill 64 updates the existing framework applicable to the protection of personal information by amending various Quebec laws, including the Act respecting the

What is the hot issue in every workplace right now?  Vaccine policies of course. We have yet to see a court or administrative tribunal definitively answer whether vaccine policies violate health privacy laws or employee privacy generally or whether an employer’s implementation of these types of policies constitute constructive dismissal and/or a form of workplace

In late 2019 the Workplace Safety and Insurance Appeals Tribunal (“WSIAT” or the “Tribunal”) issued a landmark decision that took away an employee’s right to sue their employer for damages with respect to chronic mental stress flowing from workplace harassment and an inadequate employer response to same, resulting in a claim for constructive dismissal.  The

The COVID-19 Period has been further extended in Ontario and is now slated to end on January 1, 2022. Infectious Disease Emergency Leave (IDEL) is extended to January 1, 2022. The three paid sick days in relation to COVID-19 related matters are extended to December 31, 2021. After Infectious Disease Emergency Leave ends, employees who

To date, there has been very little caselaw dealing specifically with the implementation of mandatory COVID-19 vaccination policies in the employment context. In the circumstances, employers and employees alike have no choice but to navigate the complex legal issues that arise from any attempts to reduce the risks associated with COVID-19 transmission and infection in

In a recent decision which considered the impact of the pandemic on a termination of employment, the Honourable Justice Vella held that the consideration of the fourth Bardal factor, namely ‘availability of similar employment having regard to the experience, training and qualifications of the employee’ led to consideration that there were challenging circumstances in terms

A recent arbitral decision, EllisDon Construction Ltd. v Labourers’ International Union of North America, Local 183, may provide some needed insight into how arbitrators will consider workplace policies mandating COVID-19 testing and/or vaccinations for its employees. In a decision released June 10, 2021, Arbitrator Robert Kitchen dismissed a grievance filed by LIUNA Local 183 in which the

In a decision released May 15, 2021, Arbitrator Derek Rogers upheld grievances concerning an employer’s implementation of a phone application entitled “Exak Time.”  Grievances were filed by both IUOE Local 793 and LIUNA 183. Both unions challenged the employer’s implementation of the app, which required clocking in and clocking out via mobile phone. The ExakTime

Randy Bauslaugh’s “Climate Change: Legal Implications for Canadian Pension Plan Fiduciaries and Policy-Makers”,[1] a legal opinion written at the request of the Canada Climate Law Initiative, is the latest contribution to the discussion of whether pension plan administrators should be factoring climate change into their decision-making on investments. Bauslaugh concludes that the current scientific consensus

The Pay Equity Act, S.C. 2018, c. 27, s. 416 (“Pay Equity Act” or the “Act“), was passed by Parliament and received Royal Assent on December 13, 2018. It will come into force on August 31, 2021. It will apply to federally regulated public and private sector employers with an average of 10 or more

In response to the concerns about racism and oppression raised by former Hamilton-Wentworth District School Board (HWDSB) student trustees, HWDSB took action and initiated an independent, third-party Trustee Code of Conduct Review. We are pleased to announce that Arleen Huggins and Philip Graham have now completed this review. For more information, please click here.

A recent decision provides a caution concerning the proper treatment of medical information in the grievance process. In Orillia Soldiers’ Memorial Hospital v Ontario Public Service Employees’ Union, Local 383, Arbitrator Randi Abramsky determined that the hospital violated the Personal Health Information Protection Act (“PHIPA”), the Occupational Health and Safety Act (“OHSA”) the hospital’s own

In its 2020 Fall Economic Statement, the federal government announced that, in light of the large numbers of Canadian taxpayers working from home due to the COVID-19 pandemic, the Canada Revenue Agency (the “CRA”) would simplify the process for claiming the home office expense deduction for the 2020 taxation year.  Details regarding the temporary simplified

Facts In June 2020, Caressant Care Nursing & Retirement Homes (the “Employer”) advised its staff that it would begin conducting bi-weekly COVID-19 testing and would begin to require proof of testing before an employee could return to work. When several staff members complained, the Employer advised its employees that if they chose not to comply

On January 11, 2021, the Office of the Superintendent of Financial Institutions Canada (“OSFI“) released a discussion paper Navigating Uncertainty in Climate Change: Promoting Preparedness and Resilience to Climate-Related Risks, to engage federally regulated financial institutions (“FRFIs“), federally regulated pension plans (“FRPPs“) and other interested stakeholders in a dialogue on the risks resulting from climate

As we continue to monitor the evolving COVID-19 situation as well as the Government’s response and the current emergency declaration, we want to advise that there have been further changes to O. Reg. 82/20: RULES FOR AREAS IN STAGE 1 to the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. O. Reg. 82/20: RULES

On January 12, 2021, the Ontario Government issued a second state of emergency declaration under s. 7.0.1(1) of the Emergency Management and Civil Protection Act (the “EMCPA“) in response to the ongoing COVID-19 pandemic. Under the EMCPA the emergency declaration will automatically terminate after 14 days unless it is extended (or terminated early). As part

Although Canadian laws have been slow to evolve, individual privacy rights have been an issue of importance and concern for many Canadian throughout history and into the present day.  With an ever growing global economy in the digital age the transfer of personal information has undoubtedly become a form of currency with which we knowingly or

Over the past months we have all seen just how quickly the rules and regulations in response to COVID-19 have and can change in the interest of protecting public health and safety.  On January 4, 2021, with immediate effect, Toronto’s Medical Officer of Health instituted additional operational guidelines for employers. The new operational requirements are

Update: On the evening of December 17th the Ontario Government announced the extension of Infectious Disease Emergency leave to July 3, 2021. To view the press release, please click here. While the COVID-19 Period is slated to end January 2, 2021, employers will still need to be compliant with all orders of public health and

We are pleased to announce that, effective December 1, 2020, Lesa MacDonald has assumed the role of Counsel in the Pensions and Benefits Department of Koskie Minsky LLP. In her new role, Lesa will be taking on additional senior-level client relationship management responsibilities. She will continue her legal advisory work for clients of the Pension and

Whether a Canadian business has operations in the United States, uses a third party from the United States or even stores its information on a cloud server in the United States, it is almost impossible to do business in Canada without a cross-border aspect. Regardless of the level of interaction with our neighbours to the

On Friday, November 27, 2020 the Department of Finance released its long awaited legislative proposals to amend the Income Tax Act provisions governing Employee Life and Health Trusts (“ELHTs”).   For the most part, these new draft proposals include some welcome changes and should facilitate the transition to an ELHT.  It should be noted that the

Schweizer v. The Corporation of the Town of Whitchurch-Stouffville (“Schweizer v. Whitchurch-Stouffville”), provides procedural reminders with respect to the enforcement of settlements entered into in matters before the Human Rights Tribunal (“HRTO”) of Ontario. The applicant, a former employee of the respondent, alleged discrimination with respect to her employment.  The parties entered into Minutes of

Arleen Huggins will be speaking at the 2020 WTS Toronto Area Chapter Virtual Conference on December 3, 2020. Arleen will be discussing Bias in the Workplace. The conference program includes: Positive stories about women making a difference in the transportation industry Gender impacts, planning and decision making The next big thing: identifying where women should

Facts The complaining Employee was employed as a housekeeper at a hotel in Niagara Falls, Ontario where she was allegedly harassed and taunted by her colleagues and supervisor for having an unpleasant odour and for other matters related to a diagnosed medical condition. While still working at the hotel, the Employee filed a human rights

Facts The complaining Employee was employed as a housekeeper at a hotel in Niagara Falls, Ontario where she was allegedly harassed and taunted by her colleagues and supervisor for having an unpleasant odour and for other matters related to a diagnosed medical condition. While still working at the hotel, the Employee filed a human rights

“Increased awareness of labour law could lead to more litigation regarding employment contracts for financial advisors”. Please click here to view the full article by Fiona Collie  

In June 2020, the Ontario Human Rights Tribunal ruled in favour of an applicant who was the victim of a racial slur during the course of being served at a local pizza franchise. The applicant had just ordered lunch with his friends from high school when one member of the group accidentally cracked a window

On October 16, 2020, the Supreme Court of Canada (the “Court”) ruled that the Royal Canadian Mounted Police (“RCMP”) pension plan breaches section 15 of the Canadian Charter of Rights and Freedoms (“Charter”) on the ground of sex and perpetuates discrimination against women by precluding members who participate in job-sharing arrangements from purchasing full-time pension

On October 16, 2020, the Supreme Court of Canada (the “Court”) ruled that the Royal Canadian Mounted Police (“RCMP”) pension plan breaches section 15 of the Canadian Charter of Rights and Freedoms (“Charter”) on the ground of sex and perpetuates discrimination against women by precluding members who participate in job-sharing arrangements from purchasing full-time pension

Hot Topics in Employment Law Koskie Minsky’s employment lawyers will illuminate the most recent and important issues in the areas of: Human Resources Checkup Employment Law Termination Clauses Workplace Investigations Protocol Employer and Employee Obligations Union Role Aftermath of Covid-19 Pandemic The program is eligible for CPD 2.3 hours October 26, 2020 Virtual Seminar only

Philip Graham will be speaking at IFEBP’s Conference on October 16, 2020. Philip will be participating in a panel discussion on “COVID-19 and Return to Work: Legal Implications for Employers”. For more information about the conference, please click here.

The changes to the Construction Act that came into effect in 2018 and 2019 should be familiar to most in the industry by now. By way of reminder, Prompt Payment and Adjudication came into force on October 1, 2019. In essence, new payment timelines and obligations were instituted to address the chronic payment delays that plagued

We are pleased to announce that Arleen Huggins, one of our Litigation Partners, has been selected by the Law Society of Ontario as a recipient of a 2020 Law Society Medal. Arleen is being recognized by the Law Society as a leader in the legal profession who has been instrumental in advocating for inclusiveness for racialized

Philip Graham will be speaking at Lancaster House’s National Human Rights and Accommodation Conference on October 7, 2020.  Philip will be participating in a panel discussion on “Crunched by the Numbers: Artificial intelligence, algorithmic discrimination, and other emerging issues in workplace privacy law”. For more information about the conference, please click here.

It has been a tumultuous year in the land of employment law in Canada.  What had become viewed as rock solid termination provisions began to get thrown out at the end of 2019 in the Court of Appeal decision in Andros v. Colliers Macaulay Nicolls Inc.  and 2020 has seen several other decisions, including Waksdale

On March 17, 2020, the Government of Ontario declared a provincial state of emergency in response to the COVID-19 pandemic. Subsequent workplace closures and public health recommendations instantly moved a significant number of businesses online, including health care providers and organizations that use and disclose personal health information. The Government of Ontario reacted to this

In our June 3, 2020 Blog titled O. Reg. 228/20- Ontario Government Effort to Avoid Deemed Terminations and the Onslaught of Constructive Dismissal Claims Under the ESA, we provided you with details of a critical amendment to the Employment Standards Act, 2000(“ESA“),  which prevented temporary layoffs due to COVID-19 from automatically becoming a permanent job

We are pleased to announce that Philip is now a Certified Information Privacy Professional (CIPP/C). Philip provides comprehensive advice to individuals and corporations with respect to the application of Canadian privacy laws, principles and practices at the federal, provincial and territorial levels. Congratulations Philip!

Nancy Shapiro chairs the OBA Labour & Employment Law Webinar: Litigating An Employment File – The Essential Course, on October 14, 2020.  Arleen Huggins will be speaking on “Providing the Initial Opinion”. For more information about the Program, please click here.

Nancy Shapiro will be speaking at the 2020 HR Law Conference: Constructive Dismissal, on October 29, 2020. The online conference will explore: Best Practices for Hiring Return to Work – How to Do It Right Direct/Indirect Discrimination Constructive Dismissal Termination Post Pandemic Speaker’s Corner For more information about the conference, please click here.

In response to the recent concerns about racism and oppression raised by former Hamilton-Wentworth District School Board (HWDSB) student trustees, HWDSB took action and initiated an independent, third-party Trustee Code of Conduct Review. Upon consulting with Ministry of Education and Anti-Racism Directorate (ARD), HWDSB selected Arleen Huggins as the independent third-party who will lead this

Waksdale v. Swegon North America Inc.: Unenforceable “For Cause” Termination Provisions Render “Without Cause” Termination Provisions Null and Void Over the past few years, the Ontario Court of Appeal has released a number of decisions considering the enforceability of termination provisions. For the most part, the recent jurisprudence has focused on the necessary wording and

With various Canadian provinces and territories declaring states of emergency as a result of the outbreak of COVID-19, many workplaces have directed their employees to work from home. While we live in an era where most businesses are prepared and equipped for their employees to work remotely, there remain a number of challenges in ensuring

Nancy Shapiro spoke at the FICPI Webinar: “How will the world look after lockdown?”, on May 20, 2020. The topics for discussion were as follows: Hidden HR and health risks of remote work Dealing with an employee’s Covid-19 diagnosis Establishing return to work protocols for staff and visitors Creating safe working environments for your employees To

The inequality of bargaining power in the employment relationship has now been a long recognized fact by Canadian Courts.  Now, whether or not the Uber drivers forming the ‘class’ pursuing action against Uber are employees or not has yet to be determined. The action seeks to declare them employees and seeks damages for infringement of

We are pleased to announce that James Harnum and Daniel Resnick have been elected to serve on the following OBA Law Section executives: James Harnum: Pension and Benefits Law Daniel Resnick: Construction and Infrastructure Law

On April 28, 2020, the Minister of Education appointed Arleen Huggins to conduct an investigation of the Peel District School Board (PDSB) to examine the PDSB’s compliance with the Minister’s 27 binding Directions issued on March 13, 2020, aimed at dismantling structures within the PDSB that perpetuate racism, and in particular, anti-Black racism, and on reforming

In the recent decision of Graham v. Enterprise Rent A Car Canada Company representing Enterprise, Alamo, and National Car Rental, the applicant alleged that the respondents discriminated against her on the basis of her race, colour, place of origin, and disability in the area of goods, services and facilities contrary to the “Code”. The applicant

The CRA has issued a Technical Interpretation, acknowledging that Private Health Services Plans (“PHSPs”) members may have been unable to use their allocated Health Care Spending Account (“HCSA”) credits during the COVID-19 pandemic due to the restriction on services available. The CRA advises that in light of the extraordinary circumstances of the crisis, it has

On Friday May 29, 2020, by O. Reg 228/20, Infectious Disease Emergency Leave (“Regulation”), the Ontario provincial government enacted an important new regulation under the Employment Standards Act, 2000 (“ESA”), which materially amends the ESA for the period applying retroactively from March 1, 2020 until 6 weeks after the state of emergency is extinguished (the

On May 22, 2020, FSRA released Guidance on its approach to reviewing applications for commuted value transfers and annuity purchases under sections 19(4) and 19(5) of the Pension Benefits Act’s Regulation 909. The newly released Guidance addresses what restrictions apply to a Plan Administrator when a defined benefit pension plan’s transfer ratio has declined by

Effective June 8, 2020, all in-person hearings scheduled before the Workplace Safety and Insurance Appeals Tribunal (WSIAT) will be converted to teleconference hearings unless the Scheduling Administration Manager is satisfied that another alternative hearing method is appropriate. If a party objects to proceeding by teleconference, their objection will be addressed by the Vice-Chair or Panel

Effective June 8, 2020, all in-person hearings scheduled before the Workplace Safety and Insurance Appeals Tribunal (WSIAT) will be converted to teleconference hearings unless the Scheduling Administration Manager is satisfied that another alternative hearing method is appropriate. If a party objects to proceeding by teleconference, their objection will be addressed by the Vice-Chair or Panel

The Government of Canada has apparently decided that it will not permit Supplemental Unemployment Benefit (“SUB”) plans to make Canada Emergency Response Benefit (“CERB”) top-up payments to members. Although the government has not formally announced this apparent decision, it has published the following on the ‘Questions and Answers on the Canada Emergency Response Benefit’ page. Q:

Union locals, pension funds, and employee benefit funds may be eligible for the Temporary Wage Subsidy and the Canada Emergency Wage Subsidy in their capacity as employers. Employers will generally be eligible for the Temporary Wage Subsidy (TWS) if they have one or more employees and had a business number for the purpose of making

Union locals, pension funds, and employee benefit funds may be eligible for the Temporary Wage Subsidy and the Canada Emergency Wage Subsidy in their capacity as employers. Employers will generally be eligible for the Temporary Wage Subsidy (TWS) if they have one or more employees and had a business number for the purpose of making

Koskie Minsky LLP is pleased to announce that 14 of the Firm’s lawyers were chosen by their fellow professionals to be listed in the 2020 edition of The Canadian Legal Lexpert Directory. The Canadian Legal Lexpert Directory compiles lists of outstanding professionals by conducting peer-review surveys in which thousands of leading lawyers confidentially evaluate their

Philip Graham and Lauren Tarasuk were interviewed by Canadian Lawyer Magazine: Growing sophistication of technology in workplaces creating labour and employment issues.  To view the article, please click here.  

Ontario’s pension regulator, the Financial Services Regulatory Authority (“FSRA”), has released new guidance for pension plan administrators, sponsors, members, retirees, and other stakeholders navigating the ongoing COVID-19 crisis. This statement, effective April 24, 2020, follows two earlier releases from FISRA regarding the impact of COVID-19. You can read more about these prior statements in our

Recent decisions from Ontario labour tribunals show that hearings can, in some cases, proceed during the COVID-19 pandemic. The pandemic has prevented public gatherings from taking place, preventing parties to disputes from appearing in person before a decision maker in order to have their matters resolved. However, a few recent decisions indicate that arbitrators and

This post provides a round-up of recent measures taken by Canada’s federal and provincial pension regulators in response to COVID-19. Federal The Office of the Superintendent of Financial Institutions has released an updated Q&A in respect of its decision to temporarily prohibit portability transfers and buy-out annuity purchases in order to protect pension fund solvency.

Ontario’s Financial Services Regulatory Authority (FSRA) has posted information with respect to withdrawing from locked-in accounts as a result of financial hardship. Although the criteria have not changed under Ontario’s Pension Benefits Act (PBA), the information has recently been posted to remind those finding themselves in financial hardship amid the Covid-19 pandemic of the options

As part of its response to the COVID-19 pandemic, the Workplace Safety and Insurance Board (“WSIB”) has announced a relief package allowing employers to defer premium reporting and payments until August 31, 2020. The WSIB has also announced that the costs for COVID-19 claims will be allocated on a Schedule-wide basis, and will not result

As part of its response to the COVID-19 pandemic, the Workplace Safety and Insurance Board (“WSIB”) has announced a relief package allowing employers to defer premium reporting and payments until August 31, 2020. The WSIB has also announced that the costs for COVID-19 claims will be allocated on a Schedule-wide basis, and will not result

On March 17, 2020, the Ontario government declared a state of emergency in response to the COVD-19 pandemic.  Since then, a number of provincial and federal measures have been put in place to assist employers and employees, and also to keep Ontarians safe, during these challenging and unprecedented times. Our collective new reality and employment

On April 7 we posted an article discussing issues created in the construction industry as a result of the Emergency Management and Civil Protection Act (the “Suspension Order”) issued on March 20th.  There has been a great deal of debate among construction lawyers and in the construction industry as to the exact impact of the

On March 17, 2020, the Government of Ontario declared a state of emergency as a result of the COVID-19 global pandemic. Just the day before, the Ontario courts took the unprecedented step of suspending all non-urgent hearings and court-related matters until further notice. On March 20, 2020, the Lieutenant Governor in Council made an Order

In the face of the COVID-19 pandemic, few construction projects are immune to shortages of manpower and materials, or the threat of governmental stop work orders. Importantly, there are two legal concepts designed precisely for this type of unforeseeable, destabilizing event: the “force majeure” clause, and the doctrine of frustration. Force Majeure Clauses A “force

A great deal has changed in the past 30 days. COVID-19 has resulted in businesses being required to take economic measures which only weeks before would have never been contemplated: layoffs, salary cuts, even full closures by order of provincial governments. How long will this go on? What will it do to our economy? The

Pension regulators across Canada have released numerous relief measures in response to the COVID-19 pandemic. Two recent Koskie Minsky blog posts on March 26 and March 30 summarize the action taken at the Federal level and in Ontario. Here we provide a summary of the measures which have been taken by other provincial regulators across

Both the Workplace Safety and Insurance Board (WSIB) and the Workplace Safety and Insurance Appeals Tribunal (WSIAT) have modified their services in response to the COVID-19 crisis. WSIB The WSIB’s offices are closed and they are not accepting any mail or deliveries. Their phone lines are open Monday to Friday 7:30 a.m. to 5:00 p.m.,

Both the Workplace Safety and Insurance Board (WSIB) and the Workplace Safety and Insurance Appeals Tribunal (WSIAT) have modified their services in response to the COVID-19 crisis. WSIB The WSIB’s offices are closed and they are not accepting any mail or deliveries. Their phone lines are open Monday to Friday 7:30 a.m. to 5:00 p.m.,

On March 23, 2020 the Workplace Safety and Insurance Board (WSIB) issued a policy document outlining their approach to claims for occupational exposure to COVID-19. The policy states that, like other WSIB claims, the WSIB will adjudicate COVID-19 claims on a case-by-case basis “based on the merits and justice of the case, taking into account

On March 23, 2020 the Workplace Safety and Insurance Board (WSIB) issued a policy document outlining their approach to claims for occupational exposure to COVID-19. The policy states that, like other WSIB claims, the WSIB will adjudicate COVID-19 claims on a case-by-case basis “based on the merits and justice of the case, taking into account

We are pleased to announce that Koskie Minsky and co-counsel have been named finalists in the Class Action Team of the Year category at the 2020 Canadian Law Awards presented by Lexpert.  The team was selected for its exceptional work and outstanding results, including a $900 million award to the plaintiffs, in connection with a

The Office of the Superintendent of Financial Institutions (OSFI) has issued a letter concerning COVID-19 to the federally-registered pension plans that it regulates. The letter summarizes actions that OSFI is taking to address issues stemming from COVID-19, and announces a regulatory freeze on portability transfers and annuity purchases, as well as the extension of certain

Ontario’s pension regulator, the Financial Services Regulatory Authority (“FSRA”), has released a statement on how the COVID-19 situation has impacted its operations. The statement also includes responses to some questions which may be arising for pension plan administrators, members, retirees and other stakeholders across Ontario during these uncertain times. FSRA’s statement can be accessed at

This document is intended to provide general information during the COVID-19 pandemic and should not be construed as legal advice. The impact of the COVID-19 pandemic on unions and workers —both in terms of the public health crisis itself and the regulatory response to it—is changing rapidly and we will provide updated information as it

Please be advised that our physical offices will be closed indefinitely, due to the COVID-19 state of emergency.  However, the lawyers and staff of Koskie Minsky LLP are fully equipped to work remotely and are committed to providing excellent and timely services to our clients through virtual means during this challenging period.  We will also

Privacy in the workplace has long been of interest to trade unions. Grievances and complaints have been advanced in response to various employer practices and policies that infringe on private information including the use of digital surveillance, drug and alcohol testing and the use of biometric data in the workplace. Of growing concern to unions

Nancy Shapiro will be co-chairing the OBA Labour & Employment Law Program: 18th Annual Current Issues in Employment Law: Supreme Court Update Edition on May 6, 2020 at the OBA Conference Centre in Toronto. To view the full program agenda, please click here.

In Yenovkian v Gulian (“Gulian’), the court recognized for the first time in Ontario, the privacy tort of publicly placing a person in false light. The civil claim was brought as a cross-claim in an action that proceeded together with a family law trial. The defendant mother sought damages against her ex-husband of $150,000.00 for

In Yenovkian v Gulian (“Gulian’), the court recognized for the first time in Ontario, the privacy tort of publicly placing a person in false light. The civil claim was brought as a cross-claim in an action that proceeded together with a family law trial. The defendant mother sought damages against her ex-husband of $150,000.00 for

In a highly anticipated decision, Canadian Union of Postal Workers v. Foodora Inc., the Ontario Labour Relations Board has ruled that Foodora couriers are dependent contractors and therefore have a right to seek certification. On July 31st, 2019, the Canadian Union of Postal Workers (“CUPW”) filed an Application for Certification on behalf of couriers in

Here’s the take away up front: have your employment contracts reviewed at least annually.  Over the last few years, in particular, the Ontario Court of Appeal has been weighing in on termination clauses in employment contracts. Andros v Colliers Macaulay Nicolls Inc. is another example of the Court reviewing an issue with respect to the

On November 8, 2019, the Ontario legislature passed Bill 124. Bill 124 is aimed at the broader public sector, including: hospitals, crown agencies, school boards, universities, colleges, long term care homes, ornge, children’s aid societies, and other boards, corporations, offices or organizations that do not carry on activities for the purpose of gain or profit

In a decision released at the end of 2019, the Ontario Court of Appeal affirmed that the two year limitation period for wrongful dismissal claims arising out of the Limitations Act is not subject to a sliding scale based on when the employee learns that the action may succeed but rather, when the cause of

Bill 132 – entitled An Act to reduce burdens on people and business by enacting, amending and repealing various Acts and revoking various Regulations (“Bill 132”) – was tabled in the Ontario Legislature on October 28, 2019, proceeded to second reading on October 31, 2019, and received Royal Assent on December 10, 2019.  It includes

On October 23rd, 2019, the Ontario government announced new changes that will be made to Rule 76 (Simplified Procedure) under the Rules of Civil Procedure as well as changes to the monetary value of claims that can be brought in Small Claims Court. The purpose of these changes is to expedite court proceedings and to

The Employment Standards Act, 2000: Now What does it Say? Koskie Minsky’s employment lawyers will illuminate the most recent and important issues in the areas of: Overtime Vacation and statutory holidays Termination and severance calculations & exemptions to termination and severance pay leaves Reinstatements from leaves & reprisals This program [PROGRAM ID 207182] has been

The Ontario Court of Appeal has upheld the award of the trial judge finding an employer liable to pay $100,000 in punitive damages and a further $25,000 in aggravated damages, in addition to 19 months’ damages for wrongful dismissal. The employer alleged cause for the employee’s termination and in response to the employee’s claim for

Last week, the Department of Finance released a set of draft legislative proposals clarifying the requirements for converting Health and Welfare Trusts (HWTs) to Employee Life and Health Trusts (ELHTs) and revising certain rules resecting ELHTs. The proposed changes are generally welcome and address many of the concerns raised by stakeholders. The proposed process for

Koskie Minsky LLP is pleased to announce that 12 of the Firm’s lawyers were chosen by their fellow professionals to be listed in the 2019 edition of The Canadian Legal Lexpert Directory. The Canadian Legal Lexpert Directory compiles lists of outstanding professionals by conducting peer-review surveys in which thousands of leading lawyers confidentially evaluate their

The employee had worked for his employer for 14 years in a manual position in the mailroom. The benefit plan, including long term disability (“LTD”), was self-funded by the employer but administered, adjudicated and paid by Sun Life Assurance Company (“Sun Life”).  The employee received 2 years of short term disability but his request for

On March 19, 2019, Finance Minister Bill Morneau tabled the federal government’s 2019 budget.  The budget contained a number of surprises, both in terms of what it included and what it omitted.  Perhaps most significantly for the pension and employee benefits industry, while the government reaffirmed its commitment to introduce tax measures to facilitate the

If an employer terminates an employee for cause, an employer has no obligation to provide an employee with notice of termination. It is important to remember that establishing cause to terminate an employment relationship is not easy. The existence of cause will depend on the particular facts of each case. A lawyer from Koskie Minsky

James Harnum will be speaking at an OBA Professional Seminar: “Dayco Twenty-Five Years On and Its Impact On Retiree Benefits” on March 26. To view the Program’s agenda, please click here.

Craig Flood is once again co-chairing the Law Society of Ontario’s Six Minute Labour Lawyer Presentation on June 20, 2019. Ernie Schirru will be one of the presenters and will be speaking on Bill 66, the recent labour legislation introduced by the Ontario Government. For more information about the Program, please click here.

Craig Flood will be speaking at the OBA Young Lawyers Session on Labour Law Essentials on March 27, 2019. To view the Program agenda, please click here.

Jonathan Ptak was interviewed on the W5 feature called “Locked Up” on March 9, 2018 about the Ontario Training Schools class action.  To view this video and to read the article, entitled ‘It felt like a prison for kids’: W5 investigates allegations of abuse at Ontario Training Schools please click here. For more information about the

Nancy Shapiro will be speaking at the OBA Labour and Employment Law Program, being held on May 9, 2019 9am to 4:30pm at Twenty Toronto Street Conferences and Events (OBA Conference Centre). Six and a half full professionalism hours just in the nick of time and a great program line up. Nancy will discuss “Privacy

Koskie Minsky LLP congratulates the Black Law Student’s Association of Canada on its 28th Annual National Conference and is pleased to once again be the 12th annual Julius Alexander Isaac Diversity Moot Premier Sponsor. We look forward to working with BLSA Canada this year and in the future.

In the Ontario Court of Appeal’s first decision of the year, Heller v Uber, 2019 ONCA 1, the court held that an arbitration clause in the terms that individual drivers are required to “accept” to become drivers for Uber breached the prohibition on contracting out of the Employment Standards Act (ESA), and was otherwise unconscionable

In the Ontario Court of Appeal’s first decision of the year, Heller v Uber, 2019 ONCA 1, the court held that an arbitration clause in the terms that individual drivers are required to “accept” to become drivers for Uber breached the prohibition on contracting out of the Employment Standards Act (ESA), and was otherwise unconscionable

What will an Ontario Court do when faced with a California based employee who is seeking to enforce rights pursuant to a contract against his American employer, for termination of his employment?  If his employment contract provides that the contract would be governed by, and construed in accordance with the laws of the Province of

On December 20, 2018, the Ontario Progressive-Conservative government passed Bill 67 at third reading, a piece of special legislation preventing a strike by Ontario Power Generation (OPG) workers across the province. The legislation received Royal Assent the same day and is now in force. The Power Workers’ Union (PWU) represents approximately 6,000 workers employed by

Koskie Minsky LLP commenced a class proceeding on behalf of the representative plaintiff, David Weremy against the Province on Manitoba in respect to the Manitoba Development Centre (“MDC”). “The boys were eating out of the garbage can, out of the toilet bowls”.  To view this report published by CBC News Manitoba please visit: https://www.cbc.ca/player/play/1402396227728/ For

David Rosenfeld was quoted in the December 19, 2018 CBC News article “People simply, at no point in time, at any point in the years past, should ever be living in these circumstances. Period,”.  To read the article, please click here.

Last week, the Ford Government tabled the Restoring Ontario’s Competitiveness Act, 2018, more commonly known as Bill 66. Debate on the Bill will not begin until February 19, 2019, but given the substantial PC majority in the House, it is likely that some version of the Bill will receive Royal Assent in the spring of

Last week, the Ford Government tabled the Restoring Ontario’s Competitiveness Act, 2018, more commonly known as Bill 66. Debate on the Bill will not begin until February 19, 2019, but given the substantial PC majority in the House, it is likely that some version of the Bill will receive Royal Assent in the spring of

In a recent decision, International Brotherhood of Electrical Workers, Local 636 v. Tyco Integrated Fire and Security Canada Inc, Arbitrator Laura Trachuk found that an employer discriminated against an employee by requiring him to go to a separate area within the workplace to self-administer medical care related to Type 1 diabetes.  Type 1 diabetes is

Summary and Overview On October 23, 2018, the Ontario government tabled Bill 47, Making Ontario Open for Business Act, for first reading in the legislature. On November 21, 2018, Bill 47 passed third reading, and received Royal Assent the same day. Bill 47 has made many important changes to various pieces of legislation governing employment

Summary and Overview On October 23, 2018, the Ontario government tabled Bill 47, Making Ontario Open for Business Act, for first reading in the legislature. On November 21, 2018, Bill 47 passed third reading, and received Royal Assent the same day. Bill 47 has made many important changes to various pieces of legislation governing employment

Amy Tang is speaking at the Fairmont Palliser Hotel Calgary, Alberta on November 22 2018: “Sears Pension: What Happened, How it Happened, and Key Takeaways”. For more information about this event, please click here.

Mireille Giroux is speaking at the University of Toronto Law School on November 13, 2018: “Life After Law School: Managing Your Career and Student Debt”. For more information about this event, please click here.

Mireille Giroux was quoted in the November 5, 2018 Law Times news article stating: “I don’t know if, even with financial aid, I would be able to attend the Faculty of Law now. I find it extremely regrettable. It just goes against many of the inclusiveness and recruitment initiatives I know the faculty does […]” To

Koskie Minsky initiated a class proceeding against the Attorney General of Canada on behalf of all individuals whose applications to the Thalidomide Survivors Contribution Program were rejected. “A legal challenge against the Canadian government by alleged thalidomide survivors can proceed as a class action, the Federal Court of Appeal ruled on Thursday”.  To read the

The application of commercial law concepts to pension and benefit plans often creates confusion for stakeholders in the pension and benefits industry. This article seeks to shed light on two basic but fundamental issues trustees and their advisors should keep in mind when acting for a pension or benefit fund and entering into legal relationships.

Summary and Overview On October 23, 2018, the Ontario government tabled Bill 47, Making Ontario Open for Business Act, for first reading in the legislature. Bill 47 makes many important changes to various pieces of legislation governing employment and labour relations in Ontario, principally the Employment Standards Act, 2000 (“ESA”) and the Labour Relations Act,

Summary and Overview On October 23, 2018, the Ontario government tabled Bill 47, Making Ontario Open for Business Act, for first reading in the legislature. Bill 47 makes many important changes to various pieces of legislation governing employment and labour relations in Ontario, principally the Employment Standards Act, 2000 (“ESA”) and the Labour Relations Act,

Privacy and Technology in the Workplace. Koskie Minsky’s employment lawyers will illuminate the most recent and important issues in the areas of: Employment and privacy legislation New regulations in the area of cyber security and data breach The privacy tort Computer use policies and monitoring Other employment privacy issues Marijuana – testing, safety and privacy

In 2015, the Labourers’ International Union Of North America, Ontario Provincial District Council filed an application for certification against Ramkey Communications Inc. (“Ramkey”), which employed construction employees that installed, maintained, and repaired portions of telecommunications networks. At the time the application was filed, almost all of Ramkey’s work was performed for Rogers. Telecommunications companies, like

On September 25, 2018, just days before his retirement, Senator Art Eggleton moved second reading of Bill S-253, An Act to amend the Bankruptcy and Insolvency Act and other Acts and Regulations (pension plans). Bill S-253 seeks to accomplish two things: To amend the Bankruptcy and Insolvency Act (“BIA”) and the Companies’ Creditors Arrangement Act

When we act as counsel to employers, we can be confronted with policies and practices which often have been in place for a long time and may turn out to not actually be in compliance with employment standards requirements. If we work together, we can attempt to find a route typically to become compliant and

We are pleased to announce that once again Koskie Minsky has been recognized as a top-ranked (Band 1) law firm by Chambers Canada in the areas of: Employment & Labour: Labour for Unions Dispute Resolution: Class Action (Plaintiff) Pensions & Benefits Congratulations to all of our ranked lawyers!

On June 30, 2018 the Ontario Human Rights Commission (the “OHRC”) released its Annual Report, entitled Impact today, investment for tomorrow. The report tracks the steps taken by the OHRC from April 1, 2017 to March 31, 2018, to fulfil the commitments made in their 2017-2022 Strategic Plan. The report focuses on four main areas

Koskie Minsky LLP is pleased to announce that 9 of the Firm’s lawyers were chosen by their fellow professionals to be listed in the 13th Edition of The Best Lawyers in Canada. Additionally, Michael Mazzuca has been named the Best Lawyers’ 2019 Employee Benefits Law “Lawyer of the Year” for Toronto. Below is a complete list of KM

The recent Ontario Human Rights Tribunal decision in Talos v. Grand Erie District School Board has shifted expectations on the ability of benefits plans to treat workers over 65 differently, on the basis that this is particular type of discrimination is excepted explicitly under the Ontario Human Rights Code (the “Code“). When Bill 211, “An

“. . . the majority has chosen the winners by turning the First Amendment into a sword, and using it against workaday economic and regulatory policy . . . The First Amendment was meant for better things. It was not meant to undermine but to protect democratic governance – including over the role of public-sector

As many readers are already aware, the new Personal Emergency Leave provisions in s. 50 of the Employment Standards Act, as well as the provisions in the Regulations that provide an exemption to construction employers allowing them to pay .8% of an employee’s hourly rate or wages (“Personal Emergency Pay”) in lieu of providing paid

Nancy Shapiro will be addressing the “O Cannabis! Weed in the Workplace” online seminar on July 17, 2018.  The seminar will focus on “the challenges which legalized marijuana will pose for both unionized and non-unionized environments.”

The Michaels v. Red Deer College decision of the Supreme Court of Canada from 1976 held that employees pursuing wrongful dismissal damages have a duty to mitigate their damages.  Mitigation earnings reduce the liability of the employer for damages during the notice period to the extent of those earnings.  But what if the terminated employee

In Law Society of British Columbia v Trinity Western University[1] and a companion appeal, Trinity Western University v Law Society of Upper Canada,[2] the majority of the Supreme Court of Canada affirmed the appropriate test for reviewing the decisions of administrative tribunals that engage rights found in the Canadian Charter of Rights and Freedoms. This

We are pleased to congratulate Celeste Poltak, a Partner in our Class Action Group, who has been named a winner of a 2018 Lexpert Zenith Award. This prestigious award recognizes Celeste’s Mid-Career Excellence in the Legal Profession; Practice Area of Class Actions. The awards will be presented at the Lexpert Zenith Awards Gala Event, scheduled

The Smoke-Free Ontario Act, 2017[1] (“SFO”) comes into force on July 1, 2018, repealing and replacing the Electronic Cigarettes Act, 2015[2] and the Smoke-Free Ontario Act[3] (collectively, the “Repealed Acts”). Most notably for employers, the SFO contains new posting requirements for signs and prohibitions regarding the use of medical cannabis. The SFO expands on the

Ontarians head to the polls on June 7th, and the results could mean big changes for labour and employment law. While the Liberals are promising to maintain the status quo, the Progressive Conservatives are taking aim at future increases to the minimum wage and the NDP hopes to make sweeping changes to both the labour

Murray Gold will be speaking at the Brazilian Association of Pension Funds’ International Seminar: “Framework, Governance and Sustainability of North American Pension Systems” on June 4, 2018.   The event will take place at the Hilton Toronto Hotel in Toronto. Murray will be presenting on “Target Benefit Plans in Canada – Recent Innovations”.  

On January 23, 2018, a senior British Columbia arbitrator, John Kinzie, released a significant decision concerning random drug and alcohol testing in unionized workplaces.  The decision, USW Locals 7884 and 9346 v. Teck Coal Ltd.[1] followed the ruling of the Supreme Court of Canada in Irving Pulp and Paper[2], and built upon on the arbitral

David Rosenfeld was quoted in the May 9, 2018 CBC News article “Federal court rulings could mean re-assessment of thousands of Qalipu Mi’kmaq applications.” To read the article, please click here. For more information about the class action and updates as they occur, please click here.

On January 1, 2018, a number of amendments to the Employment Standards Act, 2000 (“ESA”) came into effect under Bill 148. These amendments required substantial updates to employer practices, policies, and handbooks. One of the amendments was to the public holiday pay formula in Part X of the ESA.  However, the new rules and formula

On April 20, 2018, the Government of Ontario filed long anticipated amendments to the general regulations under the Pension Benefits Act, which significantly change the funding requirements for defined benefit pension plans.  The regulations are the product of a public consultation begun by the Ontario government, initially announced in the 2015 Ontario Economic Outlook and

Koskie Minsky LLP is pleased to congratulate Andrea Bowker on her acceptance of the position of Solicitor at the Ontario Labour Relations Board.  Andrea has been a valued member of the Firm’s Labour Law group since 2012 and will bring 22 years of labour law experience, both in private practice and as in-house counsel, to

David Rosenfeld was quoted in the April 25, 2018 CBC News article “Canada signed private agreement with Qalipu Mi’kmaq days before contentious changes to application process.” To read the article, please click here. For more information about the class action and updates as they occur, please click here.  

We are delighted to announce that Arleen Huggins has been named the recipient of the 2018 Women’s Law Association of Ontario (WLAO) President’s Award for the outstanding work she has done throughout her career for the promotion and advancement of racialized women in the law.  Congratulations to Arleen on this distinguished and well-deserved honour! For

In Canadian Elevator Industry Welfare Trust Fund v Skinner, the Nova Scotia Court of Appeal considered what constituted discrimination in the denial of access to coverage for medicinal marijuana, emphasizing the deference that courts and tribunals will give to the administrator of a benefit plan in choosing what drugs the plan will cover. The case

We are pleased to announce that Mark Zigler has been appointed as Co-Lead Commission Counsel for the Ontario Long-Term Care Homes Public Inquiry. The Inquiry was established on August 1, 2017, following the conviction of Elizabeth Wettlaufer on eight counts of first degree murder, four counts of attempted murder and two counts of aggravated assault,

The issue of what a court will do when faced with a claim for variable compensation in the form of a Carried Interest Plan, much like a profit sharing plan, in which profit was recognized some 3-7 years following the initial investment, came before the Honourable Mr. Justice Monahan recently. In a decision released in

Effective April 1, 2018, the equal pay amendments to the Employment Standards Act (“ESA“) flowing from the Bill 148 Fair Workplaces, Better Jobs Act officially came into force in Ontario. These equal pay provisions prohibit any employer paying different rates of pay to employees because of a difference in employment status (eg. full-time, part-time and/or

For decades, the Ontario Labour Relations Board has considered only the wishes of those persons employed in the bargaining unit on the date of application in construction industry proceedings. “Steady eddies”, disabled employees, and others who are absent from work on the date of application for any number of reasons are thereby excluded from the

The 2018 Federal Budget was released on February 27, 2018, and amongst other things, included a major and somewhat surprising announcement regarding the phase out of the CRA’s Health and Welfare Trust Policy, which has governed health and welfare trusts (HWTs) since 1966. The announcement was included in the Tax Measures: Supplementary Information document released