Bottom Line On March 9, 2023, British Columbia’s Bill 2, the National Day for Truth and Reconciliation Act, received Royal Assent. As a result, the National Day for Truth and Reconciliation is now statutorily recognized as a public holiday in the province of British Columbia. Provincially regulated employees in British Columbia will be entitled to observe September 30 […]
Bottom Line The Court of Appeal for Ontario has found that an employee was no longer bound by the termination clause in his existing employment contract after he was given significant new job duties. Although the employee never received a formal promotion, his increased responsibilities had altered the substratum (i.e., the central substance) of his […]
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Bottom Line In two recent arbitral awards, an Employer was found to have reasonably required its truck drivers and operators to be fully vaccinated or be placed on unpaid leave. Arbitrator Hodges held that the Employer was obliged to do all that it could to ensure that its drivers and operators complied with the border […]
For the most recent global employment law updates from L&E Global, please visit Employment Law Tracker – February 2023.
We are proud to celebrate our 17 colleagues who have been ranked in the 2023 Canadian Legal Lexpert® Directory! Congratulations to Robert B. Bayne, Evan Campbell, Sarah Crossley, Casey M. Dockendorff, Jonathan L . Dye, Jane M. Gooding, Donald B. Jarvis, James G. Knight, Rusty McLay, Brian D. Mulroney, Carl W. Peterson, Carissa N. Tanzola, Peter J. Thorup, David I. Wakely, Paul A.Young, and Mark J. Zega.
Bottom Line An Ontario court has found that an employee’s refusal to comply with a mandatory COVID-19 vaccination policy can constitute frustration of contract. This is one of the first cases of the COVID-19 era to confirm that a refusal to become vaccinated can lead to frustration of contract. Background Facts The Plaintiff in Croke […]
Bottom Line In Curtis v. Medcan Health Management Inc., 2022 ONSC 5176 (“Medcan”), the Divisional Court certified a class action against an employer for unpaid vacation and holiday pay calculated on employees’ variable compensation. The plaintiff class members claimed that their employer violated the Employment Standards Act, 2000 (“ESA”) when it calculated vacation and holiday […]
Bottom Line As of this past January, individuals who work as business consultants or information technology consultants (“IT consultants”) in Ontario, and who were previously covered under the Employment Standards Act, 2000 (the “ESA” or the “Act”), may now be excluded from the Act’s application. The Changes to the ESA Effective January 1, 2023, the […]
Bottom Line On February 7, 2023, Bill 2, the National Day for Truth and Reconciliation Act, was introduced at first reading before the Legislative Assembly of British Columbia. If passed into law, Bill 2 would recognize the National Day for Truth and Reconciliation as a public holiday and will establish September 30 as a statutory […]
Bottom Line In Construction Labour Relations Association of British Columbia v United Association of Plumbers and Pipefitters, Local 170, 2023 CanLII 3049 (BC LA) (“CLRA”), an arbitrator concluded that the National Day of Mourning (the “NDM”) to mark the passing of Queen Elizabeth II was not a paid “holiday” under several collective agreements. This decision […]
Bottom Line In Osmani v Universal Structural Restorations Ltd., 2022 ONSC 6979, the Ontario Superior Court of Justice (the “Court”) held that an employee (the “Plaintiff”) was constructively dismissed after he was subjected to violence and harassment by his supervisor. Universal Structural Restorations Ltd. (the “Company”) was held vicariously liable for the supervisor’s misconduct. This case […]