News & Events

On October 25, 2021, the Government of Ontario introduced Bill 27, Working for Workers Act, 2021 (“Bill 27”) to amend, among other things, the Employment Standards Act, 2000 (the “ESA“). If passed, Bill 27 and the amendments it includes, would significantly alter the employer-employee relationship. The changes proposed by Bill 27 include: New Part VII.0.1 – Right to Disconnect

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

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

The current COVID-19 pandemic has had a devastating impact within the province of Ontario. The residents and staff of long-term care homes have been among those most affected by COVID-19.  By the end of April 2021, the pandemic had caused the deaths of approximately 4000 residents and 11 staff at long-term care facilities.[1] Although long-term

The British Columbia Human Rights Tribunal (the “Tribunal”) recently dismissed a complaint which alleged that it was discriminatory for a grocery store to refuse to allow a customer to enter without wearing a mask. In a decision dated March 31, 2021, The Customer v. The Store, 2021 BCHRT 39 (CanLII) the Tribunal dismissed the complaint without

In Sharma v. Toronto (City), 2020 HRTO 949 (CanLII), the Applicant alleged that By-Law 541-2020 (the “By-Law”), which requires businesses and other establishments that are open to the public to adopt a policy that members of the public are not permitted entry to, or otherwise remain within, any enclosed space unless they are wearing a

The Ontario Labour Relations Board has clarified the scope of the precautionary principle, both generally and in the context of the COVID-19 pandemic, in its recent decision Liquor Control Board of Ontario v Ontario Public Service Employees Union, 2021 CanLII 15607 (“LCBO“). In this decision, the Board reaffirmed that compliance with the precautionary principle may

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