News & Events
Ontario Court issues interim injunction against the termination of unvaccinated UHN employees*
October 29, 2021
*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
Practice Area
Labour Law
Arbitrator Upholds Mandatory COVID-19 Testing
August 6, 2021
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
Practice Area
Labour Law
Arbitrator Determines Cell Tracking App Contrary to Employee Privacy Interests
July 28, 2021
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
Practice Area
Labour Law
Ontario’s Long-Term Care COVID-19 Commission Releases its Final Report
June 23, 2021
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
Practice Area
Labour Law
British Columbia Human Rights Tribunal dismisses a complaint alleging that a mandatory requirement to wear a mask in a grocery store was discriminatory
April 29, 2021
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
Practice Area
Labour Law
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