Canada: Key Issues

  1. Significant amendments proposed for Ontario's employment-related legislation
  2. New statutory holiday announced for provincially regulated employers in British Columbia
  3. Certain types of business consultants and IT consultants are now excluded from the application of Ontario's employment standards laws
  4. Intentional non-compliance with a mandatory vaccination policy found to give rise to frustration of the employment contract
  5. Ontario Court of Appeal applies the "change of substratum" doctrine in the employment context
  6. Ontario Court of Appeal clarifies the law of defamation in the context of a workplace investigation
  7. Canada: Curtis v Medcan: a vacation and holiday pay class action wake-up call

Canada: Round 3: Ontario Proposes Statutory Amendments Impacting Employers in the Working for Workers Act, 2023

On March 20, 2023, an omnibus bill was introduced to amend multiple employment-related statutes in Ontario. Provincially regulated employers in Ontario should be aware of the proposed changes to employment standards, occupational health and safety, and rules regarding the employment of foreign nationals. » Read More

Canada: National Day for Truth and Reconciliation Is Now a Public Holiday in BC

September 30th will now be observed as a public holiday in British Columbia to recognize the National Day for Truth and Reconciliation. » Read More

Canada: New Business and IT Consultant Exclusion under the Employment Standards Act, 2000

Certain types of business consultants and IT consultants are now excluded from the application of Ontario's employment standards laws. » Read More

Canada: Court Confirms that Refusal to Obtain COVID-19 Vaccination Amounts to Frustration of Contract

An Ontario court has found that an employee's refusal to comply with a mandatory COVID-19 vaccination policy can constitute frustration of the employment contract. » Read More

Canada: Court of Appeal: Employees Can Outgrow Employment Contracts without Formal Promotion

The Ontario Court of Appeal recently found an employment termination clause unenforceable due to gradual increases to an employee's job responsibilities. » Read More

Canada: Findings from Workplace Investigation Not Defamatory, Says Court of Appeal for Ontario

In a recent decision, the Ontario Court of Appeal explains when workplace investigations will be considered "matters of public interest" that may be protected by anti-SLAPP laws. The decision also discusses when legal privilege may attach to an investigator's report. » Read More

Canada: Curtis v Medcan: a vacation and holiday pay class action wake-up call

The Ontario Divisional Court certified a class action against an employer for unpaid vacation and holiday pay calculated on employees' variable compensation. The decision highlights key principles regarding the calculation of statutory entitlements and the increasing trend of class actions relating to employment standards. » Read More


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