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September 12, 2020 – WestJet says it cancelled a Calgary to Toronto flight because passengers refused to comply with mask policy

September 12, 2020

TOP STORY Airline cancels flight due to passengers’ refusal to comply with mask policy   CTA DECISIONS Suspension – Moser Aviation, LLC – Order No. 2020-A-144 License No. 120036 Application – Elevation Helicopters Ltd – Determination No. A-2020-158 Application for license to operate a domestic service, small aircraft – license issued pursuant to section 61 of the Canada Transportation Act.   TC/TSB NEWS Airworthiness directives DASH 8-400 (Q400) forward cowl door departure from the aircraft on take-off – Civil Aviation Safety Alert No. 2020-08   INDUSTRY ASSOCIATION NEWS ATAC – ATAC announces the departure of Darren Buss COPA – Canadian drone company announces milestone COPA – Poor fuel truck design…

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September 8, 2020 – Ontario Superior Court of Justice: The Ontario Government is in a Better Position than the Courts to Assess and Address School Attendance Risks

September 8, 2020

Ontario Superior Court of Justice: The Ontario Government is in a Better Position than the Courts to Assess and Address School Attendance Risks Chase v Chase, 2020 ONSC 5083 The Applicant mother brought an urgent motion to obtain sole decision-making ability for educational decisions respecting her child. The mother requested that her child be registered and attend school in-person in September 2020. The Respondent father requested that their child remain at home until such time that the School Board’s safety protocols are proven successful and that leading health experts are able to offer more certainty relating to the safety of students…

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September 5, 2020 – Passengers fined for failure to wear face coverings during flight

September 5, 2020

TOP STORY Transport Canada fines two individuals for failing to follow direction from the flight crew to wear face coverings during flight   COVID-19 UPDATES FAQ: Return to School and Requests for Accommodation on the Grounds of Family Status in the Workplace   CTA DECISIONS Suspension – Northern Air Transport, Inc cob SelectJet – Order No. 2020-A-142 License No. 977086, reinstated effective September 3, 2020 Application – Nichols Outfitting Inc. – Determination No. A-2020-155 Application for suspension granted pursuant to paragraph 63(2)(b) Application – TAG Aviation San Marino S.r.l – Determination No. A-2020-156 License issued to operate a non-scheduled international…

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Ontario Government Extends COVID-19 Period re Temporary Layoffs to January 2, 2021

September 4, 2020

As Focus readers may recall, as detailed in our earlier Focus Alert, the Ontario government filed Regulation 228/20 under the Employment Standards Act, 2000 (“ESA”) which provided that non-union employees who did not perform their duties because their hours of work had been temporarily reduced or eliminated due to COVID-19 during what was referred to as the “COVID-19 period” were deemed to be on unpaid, job-protected Infectious Disease Emergency Leave (or “IDEL”). The COVID-19 period was specifically defined under the Regulation as beginning on March 1, 2020 and ending six weeks after the declared state of emergency comes to an…

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August 29, 2020 – Airlines face possible refund class action lawsuit

August 29, 2020

TOP STORY Airlines face possible class action lawsuit as passengers fight for refunds   CTA DECISIONS Suspension – Sunrise Aviation, Inc. – Determination No. A-2020-154License No. 970034 Suspension – Reno Flight Services, Inc cob Emergency Airlift – Order No. 2020-A-140 License No. 090024 Suspension – Grand Falls Aviation Service Ltd. – Order No. 2020-A-138 License No. 962039 Suspension – Eagle Air Inc. – Order No. 2020-A-139 License No. 990049, reinstated effective August 25, 2020 Application – Loon Air Inc. – Determination No. A-2020-153 License issued to operate a non-scheduled international service, small aircraft, to transport traffic on a charter basis…

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FAQ: Return to School and Requests for Accommodation on the Grounds of Family Status in the Workplace

August 28, 2020

Employers can expect that many parents whose children will be engaged in remote learning this coming school year, either on a part-time or full-time basis, will request accommodation in the coming months. Below, we address some of the most frequently asked questions arising in this context:   Am I required to accommodate an employee who wants to remain at home while their child engages in remote learning if that employee has not provided a specific reason for having to do so? Typically, the duty to accommodate on the basis of family status arises only when workplace duties conflict with a…

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Federal Government Announces Details of Winding Down of CERB Program

On August 20, 2020, the Federal government released the details of the anticipated winding down of the temporary Canada Emergency Response Benefit (or “CERB”) program. The CERB program, which we have covered in depth in earlier Focus Alerts, was launched on April 6 in order to provide a taxable benefit of $2,000 per month for workers who stopped working for reasons related to COVID-19 and was most recently extended for a maximum duration of 28 weeks. That being said, workers whose employment continues to be impacted by the pandemic and who continue to require financial support beyond the end of…

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Back to School 2020: How Employers Can Address the Expected Surge in Requests for Accommodation on the Grounds of Family Status

Recently, the Ontario government announced its COVID-19: Reopening Schools plan for the fall of 2020. For elementary schools (Kindergarten to Grade 8), the plan anticipates full-time in-person learning for students of all school boards. For secondary schools (Grades 9 to 12), the plan differentiates between “designated school boards,” which will offer a combination of part-time in-person learning and part-time remote learning, and “non-designated school boards,” which will be permitted to offer full-time in-person learning. However, the plan also provides that in-person learning will be optional for all students whose parents choose to enroll them in full-time remote learning for the…

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August 22, 2020 – Federal government releases Canada’s Flight Plan for Navigating COVID-19

August 22, 2020

TOP STORY Government of Canada releases Canada’s Flight Plan for safe air travel   DECISIONS Grievance, interpretation of Article 12.05(e) – Jazz Aviation LP v Canadian Flight Attendant Union, 2020 CanLII 57429 (CA LA) Union grieved that Article 12.05(e) of the collective agreement required the payment of severance pay for flight attendants in receipt of a notice of layoff – arbitrator made decision based on clear language of Article 12.05(e) – decision: severance payments pursuant to Article 12.05(e) are only payable where the reason for the notice of layoff is one of the enumerated grounds under Article 12.13.   CTA DECISIONS…

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Arbitrator Upholds Hospital’s Objection to Qualification of Occupational Hygiene Expert in Field of COVID-19 Infectious Disease Transmission

August 20, 2020

Since the beginning of the global COVID-19 pandemic, Ontario health care sector unions have raised occupational health and safety-related concerns particularly with regard to the provision of personal protective equipment (“PPE”), including N95 respirators (“N95”). We previously broached this topic in Focus Alerts regarding challenges brought forward by the Ontario Nurses’ Association in the long-term care sector specifically, including one which resulted in the issuance of a mandatory injunction by the Ontario Superior Court of Justice and one which formed the basis of an expedited COVID-19 policy grievance. Recently, the Ontario Council of Hospital Unions and the Canadian Union of…

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August 15, 2020 – American pilot wins case over fumes-induced illness

August 15, 2020

TOP STORY Air CanadJetblue pilot wins landmark compensation case against airline after getting ill from contaminated aira, WestJet cabin crew unions implore Federal Government to ‘Let Us Work’, or bail us out   DECISIONS Preliminary Rejection – Pollués de Montréal-Trudeau (LPDMT) c. Aéroports de Montréal (ADM), 2020 QCCS 2432 Application for preliminary rejection by ADM on the basis that claim was inadmissible, abusive and evidently groundless – complex claim with multiple aspects, including request for strict night-time curfew, environmental study of building project and punitive damages – ADM argued several aspects of claim already decided or subject to other legal…

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August 8, 2020 – CUPE’s plea to Trudeau: “Let us work or bail us out”

August 8, 2020

TOP STORY Air Canada, WestJet cabin crew unions implore Federal Government to ‘Let Us Work’, or bail us out   COVID-19 UPDATES An Act Respecting further COVID-19 Measures receives Royal Assent: What this means for the CEWS   DECISIONS Public Service Grievance Board – Term of Employment – Tremblay v. Ontario (Ministry of Natural Resources and Forestry), 2020 CanLII 52533 Managers in Aviation Services objected to discontinuation of salary allowance, rolled into new base salary following job evaluation exercise – issue was whether salary allowance a distinct working condition or term of employment – employer argued salary allowance tied to…

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New Work Place Harassment and Violence Prevention Regulations Published in the Canada Gazette

August 6, 2020

In a previous Focus Alert, we discussed the provisions of Bill C-65, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1 (the “Act”). Readers will recall that one of the primary purposes of Bill C-65 was to expand employer obligations under Part II (Occupational Health and Safety) of the Canada Labour Code (the “Code”) to prevent and protect against workplace harassment and violence, respond to occurrences of harassment and violence, provide support to employees affected by harassment and violence, and investigate, record and…

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August 5, 2020 – School Board’s Directive Requiring Teachers to Remain in School Until 4 p.m. Was Reasonable

August 5, 2020

School Board’s Directive Requiring Teachers to Remain in School Until 4 p.m. Was Reasonable The Portage la Prairie Teachers’ Association v The Portage la Prairie School Division, 2020 MBQB 93 The Union brought an Application for judicial review of an arbitrator’s decision holding that the School Division’s directive requiring teachers to remain in school and available until 4:00 p.m. each day, regardless of whether they have assigned duties after the instructional day, which ends at 3:20 p.m., was reasonable. The Manitoba Court of Queen’s Bench dismissed the application for judicial review and held that the directive was reasonable, due in part on…

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An Act Respecting further COVID-19 Measures Receives Royal Assent: What This Means for the CEWS

On July 27, 2020, An Act Respecting further COVID-19 Measures (also referred to as Bill C-20, or the “Act”) received Royal Assent. Bill C-20, which we reviewed briefly while it was before the House of Commons in an earlier Focus Alert, passed the Senate without amendment and the Act has now come into effect. Since some of the most important legislative changes brought about by the Act relate to the Canada Emergency Wage Subsidy (or “CEWS”) which many employers have relied on throughout the COVID-19 pandemic, this article is intended to provide a more detailed review of the CEWS program,…

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