Ontario Government Enacts New OHSA Amendments
The Ontario government has passed new Regulations under the Occupational Health and Safety Act [OHSA] that are intended to consolidate and streamline reporting requirements in the event of a workplace death, injury, or occupational illness. O. Reg. 420/21: Notices and Reports under Sections 51 to 53.1 of the Act – Fatalities, Critical Injuries, Occupational Illnesses […]
Court of Appeal Confirms Employer Liability for Employee Injury Incurred Outside of the Course of Work
In the decision of Eynon v Simplicity Air Ltd [Eynon] the Ontario Court of Appeal (“ONCA”) upheld an award of punitive damages against an employer in the amount of $150,000,
Rules for Ontario Employers During Step 3 of Reopening Framework
On July 9, 2021, the Ontario government announced that the province will be moving in to Step 3, the final stage of its 3-step reopening framework, as of 12:01 AM on July 16, 2021.
Ontario Court Rules That an Employer’s Global Payroll Is Relevant to Severance Pay Obligations
The Ontario Divisional Court (the “Court”) has changed which employees will be entitled to severance pay. In the recent decision of Hawkes v Max Aicher (North America) Limited [Hawkes], the Court ruled that when calculating whether an employer owes a dismissed employee severance pay based on the employer’s payroll, this calculation must take into account […]
New Ontario Decision: IDEL Regulation Does Not Prevent Constructive Dismissal, CERB Payments Don’t Reduce Damages, and Employers Not Paying Statutory Termination Entitlements Justifies Punitive Damages
In the recent (and currently unreported) decision of Fogelman v IFG [Fogelman], the Ontario Superior Court of Justice (the “Court”) held that O. Reg. 228/20: Infectious Disease Emergency Leave (the “Regulation”) under the Employment Standards Act, 2000 (the “ESA”) does not prevent common law constructive dismissal claims, that CERB payments should not be deducted from […]