Arbitrator Upholds Mandatory COVID-19 Testing Policy for Retirement Home Employees
In Caressant Care Nursing and Retirement Homes v Christian Labour Association of Canada, an arbitrator found that a mandatory COVID-19 testing policy was reasonable. Facts The employer, Caressant Care Nursing and Retirement Homes (“Caressant Care”), operated a retirement home in Woodstock, Ontario. As the retirement home shared employees with an adjacent nursing home, the retirement […]
Arbitrator Upholds Dismissal for Cause of Employee for Flouting COVID-19 Policy
In Garda Security Screening Inc v IAM, District 140 (Shoker Grievance) [Shoker Grievance], an arbitrator considered whether an employee’s failure to follow an employer’s COVID-19-related workplace policies amounted to cause
Ontario Decision Considers COVID-19’s Impact on Common Law Reasonable Notice Periods
A recent Ontario decision considered the impact of the COVID-19 pandemic on the common law assessment of reasonable notice periods.
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”),
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”)