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Ontario Court of Appeal finds “owner” of a construction project is “employer” with expanded safety obligations under the OHSA

May 7, 2021

A recent decision of the Ontario Court of Appeal upends the traditional allocation of responsibility for health and safety on construction sites. In Ontario (Labour) v. Sudbury (City) (April, 2021) Ontario’s highest court found that the City of Sudbury (City) was not only the “owner” but also an “employer” for the purposes of the Occupational Health and Safety Act (OHSA). The Court of Appeal’s decision meant that the City had additional health and safety obligations and could be liable for violations of the OHSA. By way of background, the City hired a general contractor to undertake road and watermain repairs….

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May 5, 2021 – Remote work expense reimbursement policy: arbitrator held that the Board reasonably exercised its management rights

May 5, 2021

Remote work expense reimbursement policy: arbitrator held that the Board reasonably exercised its management rights Toronto District School Board v. CUPE Local 4400, 2021 CanLII 27922 The arbitrator found that the school board’s Reimbursement Policy relating to expenses incurred due to remote working was not an unreasonable use of management rights under the Collective Agreement.   HUMAN RIGHTS Huynh v. CSC Mon Avenir, 2021 HRTO 247 The Human Rights Tribunal of Ontario dismissed an application filed late by a retired teacher. The Tribunal allowed the school board’s objection, ruling that the applicant’s medical evidence was inadmissible in the absence of…

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May 1, 2021 – Alberta concerned Air Canada relief package may disadvantage WestJet

May 1, 2021

TOP STORY Alberta concerned Air Canada relief package may disadvantage WestJet   CTA DECISIONS Suspension – Centre Pluridisciplinaire d’Aviation du Québec Inc. c.o.b. CPAQ.AERO – Determination No. A-2021-62 License No. 030124 Application – Axair Aviation Inc. – Determination No. A-2021-60 Application for a license to operate domestic service, small aircraft – license issued Application – Axair Aviation Inc. – Determination No. A-2021-61 Application for a license to operate a non-scheduled international service, small aircraft, to transport traffic on a charter basis between Canada and any other country – license issued Suspension – AC Airways Ltd. – Order No. 2021-A-S-91 License…

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Ontario passes legislation to provide paid leave for COVID-19 absences

April 30, 2021

After mounting public pressure and a whirlwind legislative session, the Ontario government passed legislation to amend the Employment Standards Act (ESA) to provide paid sick leave for COVID-19 related absences. Bill 284, entitled the COVID-19 Putting Workers First Act, 2021, was introduced, passed through three readings and received Royal Assent, all on Thursday, April 29, 2021. The speedy passing of Bill 284 signals the growing public sentiment that paid sick leave is essential to reducing the spread of the virus. Bill 284 amends section 50.1 of the ESA to add the new paid leave. As many readers of Focus will…

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WSIB Provides Guidance on Claims Linked to COVID-19 Vaccine Reactions

On April 15, 2021, Ontario’s Workplace Safety and Insurance Board (“WSIB”) published helpful new information on its website in respect of eligibility for WSIB benefits in the case of a COVID-19 vaccine reaction. Pursuant to the WSIB’s FAQ about claims and COVID-19, it is only where a COVID-19 vaccine is received by an employee as a compulsory part of their employment and results in an adverse reaction that the employee may be eligible for benefits: In order to be deemed to be compulsory, immunization will generally have to be required pursuant to a workplace rule or policy, or instigated by…

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Update on Emergency Orders on Staffing and Redeployment for the Health Care Sector

In late April, the Ontario government made a number of changes to the regulations under the Emergency Management and Civil Protection Act (“EMCPA”). More specifically, two new temporary emergency orders were put in place, while another existing emergency order was amended. In all three cases, the intention of the new or amended emergency orders is to provide greater flexibility within the health care sector as the province faces its highest level of COVID-19 cases, including those requiring hospitalization, since the pandemic began last March. Below is a brief overview of the recent changes brought about by these emergency orders: …

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Province Takes Steps to Update Rules on Staffing in Long-Term Care and Retirement Homes

Based on the latest modelling data for the province of Ontario, the number of active COVID-19 cases including those requiring hospitalization, continues to climb, having recently reached its highest levels since the beginning of the pandemic. That said, as of April 19th, there were almost 2,000 patients in hospitals simply waiting to be transferred to a long-term care home. In light of this, as well as the fact that there are sufficient long-term care home spaces to which these patients could be moved, the provincial government is taking steps to create more critical care capacity in hospitals. Specifically, it has…

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April 24, 2021 – NAV CANADA confirms no site closures at air traffic control towers

April 24, 2021

TOP STORY NAV CANADA to continue ATC services   CTA DECISIONS Application – Québec Aéronature c.o.b. Aéronature – Determination No. A-2021-57 Application for a license to operate a domestic service, small aircraft – license issued pursuant to section 61 of the Canada Transportation Act Cancellation – Air Saguenay (1980) Inc. c.o.b. Labrador Air Safari (1984) – Determination No. A-2021-58 License Nos. 962472, 977216 Application – Air Canada, Sunwing, IATA and NACC – Determination No. A-2021-54 Application for extension of temporary exemptions from certain provisions of the Air Passenger Protection Regulations – Canadian Transportation Agency (the “Agency”) concluded the exceptional circumstances…

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April 17, 2021 – TSB concludes interrupted checklist procedures led to Dryden runway excursion

April 17, 2021

TOP STORY Interrupted checklist procedures led to Dryden runway excursion   Canada Labour Code Forward Regulatory Plan The issue of exemptions and modifications to the Hours of Work provisions under Part III of the Canada Labour Code is resurfacing, with the Labour Program planning to resume its consultation process. The regulations are set to be developed in two phases, broken up by industry. Regulatory consultations were ongoing at the time COVID-19 hit and an indefinite pause was put on the process, particularly with respect to the aviation industry. The industries included in Phase 1 have already seen draft regulations, and publication…

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April 10, 2021 – Air Transat seeking $500 million in government aid

April 10, 2021

TOP STORY Air Transat seeking $500 million in government aid   CTA DECISIONS Suspension – Cornerstone Aviation, LLC c.o.b. Skyline Flight – Order No. 2021-A-S-79 License No. 190028 Suspension – West Coast Air Ltd. c.o.b. Harbour Air – Determination No. A-2021-51 License No. 962204 Suspension – Linhas Aereas S.A. c.o.b. LATAM Airlines Brasil – Order No. 2021-A-S-59 License No. 080085 Suspension – Linhas Aereas S.A. c.o.b. LATAM Airlines Brasil – Order No. 2021-A-S-60 License No. 150022 Suspension – Erin Air, Incorporated – Order No. 2021-A-S-72 License No. 990152 – license reinstated effective April 8, 2021 Suspension – Lan Cargo S.A….

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April 1, 2021 – Obligation to wear a mask at school may fall within the jurisdiction of the HRTO

April 1, 2021

Obligation to wear a mask at school may fall within the jurisdiction of the HRTO CL as represented by his Litigation Guardian KL v. Toronto District School Board, 2021 HRTO 159 An Application regarding the requirement to wear a mask at school falls within the Human Rights Tribunal of Ontario’s jurisdiction when it relates to a student’s disability or any other protected ground under the Ontario Human Rights Code.   HUMAN RIGHTS VJ v. Thames Valley District School Board, 2021 HRTO 149 The Human Rights Tribunal of Ontario may order the reimbursement of tuition fees for a private school, where…

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March 27, 2021 – Canada’s WestJet restores routes as COVID-19 shots raise hope of summer travel

March 27, 2021

TOP STORY WestJet leads domestic recovery with the addition of 11 new routes   CTA DECISIONS Suspension – Lawrence John Swanton & Christina Marian Swanton – Determination A-2021-46 License No. 110059 Accessible Transportation Complaint – Naima Iskander against Compagnie Nationale Royal Air Maroc regarding her disability-related needs – Determination No. 21-AT-A-2021 Application filed pursuant to subsection 172(1) of the CTA, that there was an undue obstacle to the mobility of a person with a disability – Applicant alleged she did not receive wheelchair assistance for all of the flight segments operated by the Respondent – Agency found that applicant had…

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March 20, 2021 – Unions demand Trudeau government help for Canadian airlines

March 20, 2021

TOP STORY Workers mark the one-year anniversary of federal inaction on aviation   DECISIONS Small claims suit, lost baggage – Hulewicz v. Flair Airlines Ltd., 2021 BCCRT 287 Applicants sought damages under the Canada Transportation Act and Air Passenger Protection Regulations for lost bag and its contents, for approximately $2,500 in total – respondent airline argued the Civil Resolution Tribunal (“CRT”) did not have jurisdiction over the dispute, as the Canadian Transportation Agency (“CTA”) had sole jurisdiction – CRT disagreed, and found the claim was within the CRT’s jurisdiction – respondent argued terms in tariff limited compensation for lost baggage…

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March 13, 2021 – WestJet cancels orders for 15 Boeing 737 Max planes as industry struggles

March 13, 2021

TOP STORY WestJet cancels orders for 15 Boeing 737 Max planes as industry struggles   CTA DECISIONS Suspension – DHL Air Ltd. c.o.b. DHL Air – Determination No. A-2021-39 Application for license to operate a scheduled international service in accordance with the Agreement between the Government of Canada and the Government of the United Kingdom of Great Britain and Northern Ireland concerning Air Services, initialled November 30, 2018 – application issued pursuant to conditions Suspension – DHL Air Ltd. c.o.b. DHL Air – Determination No. A-2021-38 Application for license to operate a non-scheduled international service to transport traffic on a…

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March 6, 2021 – Air Canada to offer refunds to passengers as part of potential bailout package

March 6, 2021

TOP STORY Air Canada to offer refunds to passengers as part of potential bailout package   CTA DECISIONS Application – FlexFlightApS – Determination No. A-2021-35 Application for a license to operate a non-scheduled international service to transport traffic on a charter basis between Denmark and Canada – license issued subject to conditions Application – Jeffco Aviation Ltd. c.o.b. Air JDS – Determination No. A-2021-33 Application for a license to operate a domestic service, small aircraft – license issued Application – Jeffco Aviation Ltd. c.o.b. Air JDS – Determination No. A-2021-34 Application for a license to operate a non-scheduled international service,…

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