Supreme Court of Canada Rules That Half-Truths, Omissions, and Silence May Breach the Duty of Honest Performance
In a recent decision, the Supreme Court of Canada (“SCC”) clarified and arguably expanded the duty of honest performance (often referred to simply as the “duty of good faith”),
Accommodation Requests During Investigations
A decision by the Human Rights Tribunal of Ontario (“HRTO” or “Tribunal”) affirmed that although an applicant may assert discrimination under the Human Rights Code [Code] because of an investigator’s conduct during the investigation process, there needs to be evidence of a link between the alleged conduct and the Code-based ground(s) of discrimination. Background The […]
Supreme Court of Canada Denies Leave to Appeal in Waksdale
On January 14, 2021, the Supreme Court of Canada released its judgment denying leave to appeal Waksdale v Swegon North America Inc [Waksdale], a bombshell decision by the Ontario Court of Appeal (“ONCA”)
Ontario Decision Finds Allegations of Employee’s Poor Work Performance “Irrelevant” after Employer Dismisses Without Cause
A recent Ontario decision reminds employers that where an employee is dismissed without cause, the employee’s performance record generally becomes irrelevant.
Ontario Has Declared a Second State of Emergency in Response to COVID-19 and Announced a Stay-at-Home Order and Other New Measures
On January 12, 2021, the Ontario government declared a state of emergency in response to the COVID-19 pandemic for a second time, and announced that it will issue a stay-at-home order and implement other new measures to help curb the transmission of COVID-19. The emergency was declared under the Emergency Management and Civil Protection Act […]
Toronto Has Announced New Public Health Requirements for Workplaces and Plans to Publicly Report Workplace Outbreaks
On January 4, 2020, the City of Toronto (“Toronto” or the “City”) announced new measures to combat COVID-19 in Toronto workplaces and to promote transparency regarding outbreaks. Toronto’s Medical Officer of Health issued a Letter of Instruction to implement additional public health requirements for workplaces in the City, pursuant to the Reopening Ontario (A Flexible […]