News & Events
Face Masks: Personal Objections to Wearing Face Coverings does not Trigger the duty to Accommodate in Ontario
April 6, 2021
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
Practice Area
Labour Law
Expertise
Employment Law
OLRB clarifies the scope of the precautionary principle in the context of the pandemic
March 22, 2021
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
Practice Area
Labour Law
Arbitrator Confirms Privacy Safeguards Protecting Health Records in the Grievance Process
February 3, 2021
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
Practice Area
Labour Law
Expertise
Privacy and Compliance
Arbitrator Upholds Mandatory COVID-19 Testing in the Workplace for Retirement Home Workers
January 21, 2021
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
Practice Area
Labour Law
Further amendments to the Stage 1 Rules affecting the construction industry
January 18, 2021
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
Practice Area
Labour Law
The Ontario Government issues a second COVID-19 emergency declaration and a stay-at-home order
January 18, 2021
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
Practice Area
Labour Law
Mireille Giroux and Katherine Ferreira to Teach at Osgoode Hall Law School
December 23, 2020
Mireille Giroux and Katherine Ferreira will be teaching the Collective Bargaining Law Course at Osgoode Hall Law School, for the 2021 winter term.
Practice Area
Labour Law
Lesa MacDonald has assumed the role of Counsel in the Pensions and Benefits Department
December 1, 2020
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
Practice Area
Pension and Benefits, Labour Law
Workplace Safety and Insurance Appeal Tribunal Bars Constructive Dismissal Action
November 18, 2020
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
Practice Area
Labour Law
Fraser v. Canada (Attorney General): Supreme Court of Canada rules that RCMP pension plan discriminates against women, breaches section 15 of the Charter
October 23, 2020
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
Practice Area
Labour Law