This Ontario Court of Appeal decision suggests that accommodation by an employer can help defeat a future claim of intentional infliction of mental distress by an employee
The Federal Office of the Privacy Commissioner has indicated it will be changing its position on cross-border data flows, such that companies disclosing personal information across a border, including for processing, would be required to obtain consent from individuals in order to do so. In order to provide updated guidance to the public, the Officer has begun a public consultation
The recent decision of Merrifield v. Canada (Attorney General), 2019 ONCA 205, confirms that no independent tort of harassment exists in Ontario, especially given existing legal remedies (such as the tort of intentional infliction of mental suffering) to redress harassing conduct
Even in the era of far-reaching international trade agreements and regional economic and political partnerships, the majority of laws and regulations governing the workplace are still determined by the individual countries where employees work.
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On March 1, 2019, the Ontario Workplace Safety and Insurance Board implemented Operational Policy Manual Document No. 17-01-10, “Cannabis for Medical Purposes”. Under this Policy, workers’ compensation benefits may cover reasonable costs of medical cannabis or vaporizers purchased for work-related injuries/illnesses
Bill 57, Restoring Trust, Transparency and Accountability Act, 2018, which received Royal Assent at the end of 2018, halted the coming into force of the Pay Transparency Act, 2018. As a result, at this time the Pay Transparency Act, 2018 is not in force. The Pay Transparency Act, 2018 will not be in force until and unless proclaimed by the Lieutenant Governor. It is currently unclear when or whether the Pay Transparency Act, 2018 will be proclaimed
In Heller v Uber Technologies Inc, 2019 ONCA 1, the Ontario Court of Appeal found that a mandatory arbitration clause—requiring Uber drivers to arbitrate disputes in the Netherlands—was invalid and unenforceable. This decision provides lessons to employers from other jurisdictions that operate in Ontario
In Hawkes v Max Aicher (North America) Limited, 2018 CanLII 125999, the Ontario Labour Relations Board recently clarified that only an employer’s Ontario payroll is considered when calculating severance pay under the Ontario Employment Standards Act, 2000. Employers with international operations may be exempt from the requirement to provide statutory severance pay if their Ontario payrolls are less than $2.5 million
Pursuant to the new Employer Health Tax Act, certain employers in British Columbia are now required to pay to the government for each calendar year a tax equal to 1.95% of the BC remuneration paid by the employer during the calendar year
The Ontario Legislature recently tabled two bills proposing significant amendments to the Ontario Human Rights Code. If enacted, Bill 35 and Bill 40 would introduce new non-discrimination obligations for all provincially regulated employers
These articles on Canadian labour and employment law matters have been authored courtesy of the following Filion Wakely Thorup Angeletti (L&E Global Canada) attorneys: Giovanna Di Sauro, Associate, email@example.com; Laura Freitag, Associate, firstname.lastname@example.org; and Cassandra Ma, Associate, email@example.com.For more information on these articles or any other issues involving labour and employment matters in Canada, please contact Robert Bayne, Partner at Filion Wakely Thorup Angeletti (www.filion.on.ca) at rbayne@