The articles listed below are intended to provide readers with general information only. They should not be regarded or relied upon as legal advice or opinion. Accessing, reading, relying on or otherwise using the articles listed below does not, under any circumstances, create a lawyer-client relationship between you and Emond Harnden. A lawyer-client relationship will only form if and when Emond Harnden specifically and expressly agrees to act for you on a particular matter and executes a retainer agreement to that effect. For more information, please consult our Terms of Use.

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Does ESA’s IDEL Restrict Employee’s Ability to Pursue Civil Claim for Constructive Dismissal? Court of Appeal Needs to Provide Answers

July 29, 2021

As Focus readers may recall, as detailed in our earlier Focus Alert, the Ontario Superior Court of Justice previously examined in the case of Coutinho v. Ocular Health Centre Ltd. (April 27, 2021) whether the reference to “constructive dismissal” in Regulation 228/20 (Infectious Disease Emergency Leave) (“IDEL Regulation”) made under the Ontario Employment Standards Act, 2000 (“ESA”) restricted an employee’s ability to pursue a complaint (or claim) against an employer for constructive dismissal under both the ESA and the common law, or whether it was confined to the ESA alone. In that case, the Court held that the IDEL Regulation did not restrict the employee’s ability to…

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Divisional Court Quashes Landmark Decision on Discrimination in Employment on the Basis of Citizenship

Our Focus Alert readers will recall that back in 2018, the Human Rights Tribunal of Ontario (the “Tribunal”) was tasked with considering a claim of discrimination in employment on the basis of citizenship. In Haseeb v. Imperial Oil Ltd. (“Haseeb”), the Tribunal determined that the employer’s requirement that applicants be permitted to work in Canada on a permanent basis in order to be eligible for a position as a project engineer constituted direct discrimination on the basis of citizenship. However, in what will be welcome news for employers with similar employment pre-conditions, the Ontario Divisional Court recently quashed this landmark…

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July 24, 2021 – Canada’s major airlines look forward to re-opening of border

July 24, 2021

TOP STORY Canada’s major airlines look forward to re-opening of border   DECISIONS Application, delayed baggage – Maruf v. Air China Limited, 2021 BCCRT 796 Application for compensation for delayed baggage pursuant to the Montreal Convention – Civil Resolution Tribunal (CRT) concluded Air China responsible for delayed baggage, and liable for damages due to delay of applicant’s baggage – CRT awarded applicant $600.00 in damages   CTA DECISIONS Application – Drone Delivery Canada Corp. – Determination No. A-2021-115 Application for Canadian Transportation Agency (Agency) for a temporary license to operate a domestic service, all-cargo aircraft – Agency issued temporary license,…

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Court refuses to award pension-related damages to retired employee

July 22, 2021

In Brousseau v. La Cité collégiale et al. (June 2021), the former Vice President of Human Resources of La Cité collégiale (“La Cité”), who retired in 2012, sought just over $1.8 million in damages for the alleged breach of a verbal agreement between him and the College’s former President to pay for all costs to transfer his pensions with previous employers to the College’s pension plan. He also claimed damages for negligent misrepresentation, arguing that he relied upon an erroneous estimate received from another employee about his monthly pension payments when deciding to retire. Emond Harnden’s André Champagne and Sophie…

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July 17, 2021 – Canada ready to invest up to $440 million in green aerospace projects, Trudeau says

July 17, 2021

TOP STORY Canada ready to invest up to $440 million in green aerospace projects, Trudeau says   DECISIONS Application for Judicial Review – Lukács v. Canada (Transportation Agency), 2021 FCA 141 Dr. Gábor Lukács challenged a decision by Transport Canada purporting to allow Air Transat A.T. Inc. (Air Transat) to credit payments it made to passengers towards penalties owing to the Receiver General for Canada for tarmac delays – Air Transat brought interlocutory motion to dismiss challenge on basis that Dr. Lukács lacks standing – Federal Court granted Air Transat’s motion – Dr. Lukács appealed decision – Federal Court of…

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Proposed Amendments to Regulations Under the Canada Labour Code Subject to 30-Day Consultation Period

July 15, 2021

Readers of Focus will recall that in September 2019, many amendments to the labour standards provisions of the Canada Labour Code (the “Code”) came into effect. These changes provided new and expanded entitlements in a variety of areas, from leaves to hours of work provisions to the ability of eligible employees to seek flexible work arrangements. They also added a new Part IV of the Code, which put in place a system of Administrative Monetary Penalties for violations under the Code. On June 26, 2021, Regulations Amending Certain Regulations Made Under the Canada Labour Code (the “Proposed Regulations”) were proposed….

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Government Implements New Statutory Holiday for Federally Regulated Workers to Honour Residential School Survivors

Back in the fall of 2020, the Canadian government first introduced Bill C-5, An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation) (“Bill C-5”). In the wake of the devastating discovery in late May of the remains of 215 children buried on the grounds of the Kamloops Indian Residential School, Bill C-5 was fast tracked through the legislature and received Royal Assent on June 3, 2021. Bill C-5, which will come into force on August 3, 2021, effectively creates a new statutory holiday on September 30th…

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Federal Government Amends Several Provisions of the Canada Labour Code

Bill C-30, the Budget Implementation Act, 2021, No. 1 (“Bill C-30”), which gives effect to the Canadian government’s 2021 budget, received Royal Assent on June 29, 2021. Bill C-220, An Act to amend the Canada Labour Code (bereavement leave) (“Bill C-220”), also received Royal Assent on June 29, 2021. Of particular importance for federally regulated employers, these Bills will result in several changes to the Canada Labour Code (the “Code”).   Fixing a New Federal Minimum Wage Bill C-30 establishes a new federal minimum wage of $15.00 per hour, effective December 29, 2021. Where an employee usually works in a…

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Federal Pay Equity Act and Regulations Will Come into Force on August 31, 2021

On July 7, 2021, the federal government announced that the Pay Equity Act (the “Act”) will come into force on August 31, 2021. As discussed in a previous Focus article, the Act aims to ensure equal compensation for men and women who perform work of equal value in the same establishment. Equal pay is to be achieved through compensation increases, to be paid where a pay equity plan demonstrates a difference in compensation between predominantly female job classes and comparable predominantly male classes. Subject employers are required to prepare and post a pay equity plan within three (3) years of…

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July 10, 2021 – Easing of border restrictions falls short, travel and tourism industry members say

July 10, 2021

TOP STORY Easing of border restrictions falls short, travel and tourism industry members say   CIRB DECISIONS Bargaining Unit Order – Autocar Préférence Ltd. – Order No. 11623-U Teamsters Québec, Local 106 – all drivers working from the Terrebonne office of Autocar Préférence Ltd., excluding the dispatcher, the directors and senior management Bargaining Unit Order – Canadian Broadcasting Corporation – Order No. 11624-U Syndicat des travailleuses et travailleurs de Radio-Canada – all personnel working for the Canadian Broadcasting Corporation in the province of Quebec and in Moncton, New Brunswick, excluding personnel covered by other certification orders, producers, supervisors and similar…

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Testing for COVID-19 in the workplace – Arbitrator holds compulsory rapid testing reasonable at construction site

July 9, 2021

Employers considering measures to ensure workplace safety and business continuity through the COVID-19 pandemic should take note of a recent arbitration decision. In Ellisdon Construction Ltd. v Labourers’ International Union of North America, Local 183 (June, 2021), Arbitrator Kitchen dismissed the union’s grievance and held that EllisDon’s mandatory Rapid COVID-19 Antigen Screening Program was reasonable. EllisDon implemented a Rapid COVID-19 Antigen Screening Program in February 2021 as part of a pilot program led by the Ontario Ministry of Health (the “Policy”). The objective of the pilot was to assess the value of the Abbott Panbio COVID-19 Antigen Screening Test as…

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July 3, 2021 – Air Canada wants $2.5 million passenger refund DOT fine dropped

July 3, 2021

TOP STORY Air Canada wants $2.5 million passenger refund DOT fine dropped   DECISIONS Stay of proceeding – Leblanc c. Air Transat AT inc., 2021 QCCQ 4725 Stay of proceeding – Béland c. Compagnie Transat, 2021 QCCQ 4458 Claim for refund of plane tickets cancelled due to COVID-19 pandemic – Defendant sought stay of proceeding pending decision in ongoing class actions in Quebec and British Columbia raising same issues – Plaintiff made no representation on the request for stay – Court found actions similar in context, remedies sought and legal issues – lack of evidence that stay would seriously prejudice…

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June 19, 2021 – Canada-U.S. border restrictions to remain in place until at least July 21

June 19, 2021

TOP STORY Canada-U.S. border restrictions extended until July 21   CTA DECISIONS Suspension – Uzbekistan Havo Yullary c.o.b. Uzbekistan Airways – Order No. 2021-A-S-152 License No. 010139 Suspension – 1949311 Ontario Ltd. c.o.b. Plumridge Air – Determination No. A-2021-88 License No. 170017 Application – ABS Jets, a.s. – Determination No. A-2021-89 Application for a license to operate a non-scheduled international service to transport traffic on a charter basis between Czech Republic and Canada – Agency issued the license subject to conditions Suspension – AirDialog c.o.b. Linear Air – Order No. 2021-A-S-154 License No. 040122 Suspension – Clifford S. Kamm c.o.b….

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Paid Statutory Leave for COVID-19 Absences: Update on Entitlement and the Reimbursement Process

June 16, 2021

On April 29, 2021, the COVID-19 Putting Workers First Act, 2021 was enacted into law. The practical impact of this legislation was to amend the Employment Standards Act (“ESA”) so as to provide eligible employees with a temporary entitlement to paid infectious disease emergency leave (“IDEL”) for specified reasons related to COVID-19. Recently, the Ontario government updated its online resources on the COVID-19 Worker Income Protection Benefit, which is intended to fund the provision of paid IDEL. As a result, employers now have additional guidance on employee entitlement for the benefit, as well as on the reimbursement process. Entitlement…

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Ontario Government Extends the “COVID-19 Period” under the Employment Standards Act’s Infectious Disease Emergency Leave to September 25, 2021

As first stated in one of our early COVID-19 Focus Alerts, O. Reg. 228/20, the Infectious Disease Emergency Leave (“IDEL”) Regulation under the Employment Standards Act (“ESA”), was put in place in May 2020 in order to provide employers impacted by the pandemic with temporary relief from the ESA’s ordinary rules regarding temporary layoffs and constructive dismissal. More specifically, the IDEL Regulation deems a non-unionized employee to be on unpaid, job-protected IDEL for the duration of what it refers to as the “COVID-19 Period” in specified situations, such that termination and severance pay entitlements will not be triggered under the ESA by a…

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