New Obligations for Federal Employers to Come Into Effect Soon

Overview On April 21, 2023, the Federal Government issued an Order in Council proclaiming that specific amendments to the Canada Labour Code, RSC 1985, c L-2 (the “Code”), that were proposed in The Budget Implementation Act, 2018, No. 2, SC 2018, c. 27 (“Bill C-86”), will soon come into effect. These amendments require federally regulated […]

Competition Bureau Releases Guidelines on Anti Wage-Fixing and No-Poaching Agreement Legislation

Bottom Line On May 30, 2023, Canada’s Competition Bureau released its Enforcement Guidelines (the “Guidelines”) on the Federal Government’s recent amendments to the Competition Act which, commencing on June 23, 2023, will prohibit wage-fixing and mutual no-poaching agreements between employers.   The Competition Bureau is responsible for administering and enforcing the Competition Act. Its Guidelines […]

Court of Appeal Narrows the Implied Right to Lay-off and Clarifies Condonation

Bottom Line In Pham v Qualified Metal Fabricators Ltd, 2023 ONCA 255, the Court of Appeal reached two conclusions that are relevant to Ontario employers: (1) the lay-off of some employees does not generally constitute an implied right to lay off other employees; and (2) in order for an employee to condone a lay-off, they […]

Two Retired Partners Appointed as Vice-Chairs of the Ontario Labour Relations Board

Congratulations to Paul Young and Brian D. Mulroney, who have been appointed as part-time Vice-Chairs of the Ontario Labour Relations Board! We are proud to celebrate our friends’ continued leadership within Ontario’s legal community, and we look forward to seeing Paul and Brian’s contributions to labour law in their new roles.

Filion Celebrates Pride Month 2023

This June and year-round, we celebrate the many contributions and achievements of the LGBTQIA2S+ community. We are proud to be allies in the fight for equality and inclusivity within the legal profession and beyond. 

Company and CEO Both Convicted of OHSA Offences, Despite the Absence of a Workplace Accident

Bottom Line A Kitchener-based manufacturing company and its CEO were recently convicted of offences under Ontario’s Occupational Health and Safety Act (“OHSA”) after they failed to ensure that machines being operated in the workplace were equipped with proper guarding. Background Facts In December 2021, the Ontario Ministry of Labour responded to an anonymous complaint from […]