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June 27, 2020 – Airlines defend travel vouchers decision to House of Commons health committee

June 27, 2020

TOP STORY Airline execs double down on refund refusal amid parliamentary grilling   DECISIONS Appeal – Healthcare benefits – Loss of Earnings – Decision No. 411/20, 2020 ONWSIAT 951 Station Attendant for airline sustained lower back injury at work – entitled to acupuncture treatments – not entitled to reimbursement of TENS unit purchased after declared pain free – partial entitlement to Loss of Earnings based on refusal to accept suitable work – appeal allowed in part Appeal – Employer classification – Decision No. 310/20, 2020 ONWSIAT 961 Employer reclassified by Board from scientific and technical services to non-scheduled specialty air…

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Federal Government Temporarily Extends Timelines for Layoffs under the Canada Labour Code

June 26, 2020

Since the beginning of the COVID-19 outbreak in Canada, federally regulated private sector employers who have had to temporarily layoff employees have been facing the looming timelines related to deemed terminations under the Canada Labour Standards Regulations (the “Regulations”). Ordinarily, the Regulations, which are subordinate legislation to the Canada Labour Code, allow employers to layoff employees for up to three months with no recall date, or up to six months if the employer provided a notice in writing with an expected date of recall. After the expiry of that timeline, however, employment is automatically deemed to have been terminated and…

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Ontario Court of Appeal finds that illegal “just cause” provision voids all termination provisions

June 23, 2020

Recently in Waksdale v. Swegon North America Inc., 2020 ONCA 391, the Ontario Court of Appeal was faced with an employment agreement which contained two separate termination provisions, contained in different paragraphs within the agreement. One provision addressed termination on a “just cause” basis, which the parties agreed was illegal because it provided a lesser benefit than the Ontario Employment Standards Act, 2000 (“ESA”). The other provision addressed termination on a “without cause” basis, which the parties agreed was lawful and compliant with the ESA when considered as a stand-alone provision. The issue for the Court of Appeal was whether…

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June 20, 2020 – First passenger arrested for failing to wear a mask during flight

June 20, 2020

TOP STORY Guest smoking, not wearing mask, forces WestJet flight to land in Winnipeg on weekend   DECISIONS Transportation Security Clearance – Jackson v. Canada (Attorney General), 2020 FC 685 Employee denied Transportation Security Clearance and consequently administratively discharged of her position at airport – applied for judicial review of Minister’s decision – seeking stay of Minister’s decision pending decision in judicial review proceedings – no evidence that stay would reinstate employee – ordered judicial review application to be considered urgent matter under Updated Practice Direction and Order (COVID-19)   CIRB DECISIONS Bargaining Certificate – Envoy Air Inc. – Order No.: 11515-U Application for certification –…

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June 13, 2020 – Canada to introduce temperature checks at airports by the end of June

June 13, 2020

TOP STORY Airline temperature checks to become mandatory for travellers in Canada   COVID-19 UPDATES Ontario Government Announces Regional Approach to Stage 2 Reopening   DECISIONS Revised application – 9261-2738 Québec inc. c. Succession de Nadeau, 2020 QCCA 732 Appeal of decision dismissing request to revise original application – prescription period – concurrent proceedings – appeal dismissed Trial Reopening – Kitov Resources Corp. v Alpha Aviation Inc., 2020 BCSC 820 Plaintiff rented parking space at airport to store aircraft – parking agreement expired – aircraft not removed from airport property – consent order issued on summary trial to remove aircraft – plaintiff failed to…

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Ontario Government Announces Regional Approach to Stage 2 Reopening

June 9, 2020

As initially detailed in our earlier Focus Alert, Ontario will reopen in accordance with the three-stage approach detailed in the provincial government’s Framework for Reopening our Province. On June 8, 2020, the Ontario government announced that based on trends of key public health indicators, including lower transmission rates of COVID-19, increased hospital capacity and progress made in testing, Stage 2 – also known as the gradual “Restart” phase – will begin on Friday, June 12, 2020 at 12:01 a.m. Two of the most notable changes that Ontarians can expect to see coming into effect as of 12:01 a.m. on Friday,…

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June 6, 2020 – Bombardier to lay off 2,500 aviation workers amid COVID-19 struggles

June 6, 2020

TOP STORY Bombardier to lay off 2,500 aviation workers amid COVID-19 struggles   COVID-19 UPDATES Ontario makes important changes to ESA rules related to temporary layoffs and constructive dismissals   CTA DECISIONS Suspension – Causey Aviation Service, Inc. – Order No. 2020-A-95 License No. 977017, license reinstated effective June 4, 2020 Application – Jet Up Aviation, LLC c-o-b Jet Up Aviation – Order No. 2020-A-94 Application for exemption from subsection 84(2) of the CTA, exemption granted Suspension – Thorburn Aviation Limited – Determination No. A-2020-108 License No. 962603 Suspension – Air Cargo Global, s.r.o – Order No. 2020-A-93 License No. 150073 Suspension – Berthelot Lake Lodge Inc. – Determination No. A-2020-107 License No. 972066…

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Ontario makes important changes to ESA rules related to temporary layoffs and constructive dismissals

June 2, 2020

On May 29, 2020, the Ontario government filed Regulation 228/20 – Infectious Disease Emergency Leave (“Regulation”) under the Employment Standards Act, 2000 (“ESA”). This new Regulation provides employers impacted by the COVID-19 pandemic with temporary relief from the ESA’s rules on temporary layoff, termination, severance and constructive dismissal by deeming an employee to be on unpaid, job-protected Infectious Disease Emergency Leave (“IDEL”) in certain situations. The relevant changes apply only to non-unionized employees, including assignment employees who are employed by temporary help agencies.   Employees Deemed to be on Infectious Disease Emergency Leave (IDEL) Rather than being on a temporary…

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May 30, 2020 – Canadian airlines could ‘fail’ if forced to refund passengers, says transport minister

May 30, 2020

TOP STORY Canadian airlines could ‘fail’ if forced to refund passengers, says transport minister   COVID-19 UPDATES Arbitrator rules on employees’ entitlement to paid sick leave for COVID-19 related absences Canada Emergency Wage Subsidy Consultation and Changes   DECISIONS Application, Judicial Review – Air Passengers Rights v. Canada (Transportation Agency), 2020 FCA 92 Canada Transportation Agency (CTA) issued public statements suggesting airlines could provide passengers with vouchers rather than refunding monies passengers paid for tickets – Air Passenger Rights (APR), an advocacy group, commenced application for judicial review of Canada Transportation Agency’s statements – APR brought motion for an interlocutory order to…

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Canada Emergency Wage Subsidy Consultation and Changes

May 29, 2020

The Federal government launched a Canada Emergency Wage Subsidy (the “CEWS”) Consultation on May 25, 2020, asking for input from businesses, labour representatives, not-for-profits, and charities on potential changes to the CEWS program. The consultation, which is open until June 5, 2020, seeks input on eight key questions. Those interested in participating in the consultation can do so by e-mail or by completing a survey. More information on the consultation, including a link to the survey, can be found at: Canada Emergency Wage Subsidy Consultation.   Other CEWS Changes On May 15, 2020, the Federal government released the Extending eligibility…

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Arbitrator finds full-time employees are only entitled to paid sick leave if they are symptomatic or tested positive for COVID-19

As the COVID-19 pandemic continues to impact our workplaces, many unionized employers may have been questioning whether employees who are quarantined (self-isolating) but who are not themselves ill or exhibiting symptoms of COVID-19 or do not test positive (or do not get tested at all) are entitled to any paid sick leave provided under a collective agreement. An Ontario decision rendered by Arbitrator Stout on May 26, 2020 has clarified the parameters of employee entitlement to compensation for COVID-19-related absences under a collective agreement. More specifically, Arbitrator Stout found that only full-time employees who were symptomatic or tested positive were…

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May 23, 2020 – ACI and IATA outline roadmap for aviation industry restart

May 23, 2020

TOP STORY ACI and IATA outline roadmap for aviation industry restart   COVID-19 UPDATES EH Webinar: Return to Work Considerations   CTA DECISIONS Suspension – Cavok Air – Determination No. A-2020-100 License No. 160015 Suspension – Oklahoma Aviation LLC – Order No. 2020-A-86 License No. 150078 Application – Paragon Aviation Logistics, Inc. c-o-b Paragon Executive Charter and CSM Aviation – Order No. A-2020-101 License issued pursuant to subsection 73(2) of the Canada Transportation Act Suspension – Jordan Aviation – Order No. 2020-A-84 License No. 110066 Suspension – Waasheshkun Airways Ltd. – Order No. 2020-A-85 License No. 972125 Suspension – Lawrence Bay Airways Ltd. – Determination No. A-2020-98 License No. 972230 Application – Air China Limited – Determination No. A-2020-99 License issued…

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May 16, 2020 – Air Canada to lay off 20,000 employees starting June 7

May 16, 2020

TOP STORY Air Canada to lay off 20,000 workers amid travel industry collapse   COVID-19 UPDATES Annual Meetings of Federal Corporations During the COVID-19 Outbreak Federal Government clarifies interaction between CERB and SUB plans   CTA DECISIONS Canadian Status Determination – Air Canada’s Proposed Acquisition of Transat A.T. Inc – Letter Decision No. LET-A-33-2020 Canadian status determination on whether Air Canada’s proposed acquisition of Transat A.T. Inc would result in a Canadian air transportation undertaking per subsection 55(1) of the Canadian Transportation Act – CTA determined Air Canada had Canadian status – CTA determined Air Transat would have Canadian status after the proposed transaction is…

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Ontario Announces Additional Workplaces that Can Reopen

May 15, 2020

On March 17, 2020, the Ontario government declared a provincial state of emergency under the Emergency Management and Civil Protection Act (EMCPA), which provides the Lieutenant Governor with the power to make temporary emergency orders believed to be necessary to prevent, reduce or mitigate serious harm to persons or property in times of declared emergency. On May 12, 2020, the state of emergency was extended until June 2, 2020. The government announced on May 14, 2020 that certain aspects of the mandatory closures will soon be eased, pursuant to its “Framework for Reopening our Province” (see our previous Focus Alert…

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Annual Meetings of Federal Corporations During the COVID-19 Outbreak

May 14, 2020

Under the Canada Business Corporations Act and the Canada Not-for-profit Corporations Act, federally incorporated businesses and not-for-profit corporations are required to hold an annual general meeting of shareholders and members within 15 months of the previous annual general meeting (AGM) and no more than 6 months after the organization’s last financial year-end. Recognizing that holding in-person AGMs during the COVID-19 pandemic would be in direct contradiction to public health advice to practice physical distancing and avoid large gatherings, Corporations Canada had released an educational guidance document outlining options for federal corporations to consider to remain compliant with their legislative obligations….

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