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Torkin Manes LegalPoint

Government Mandates Staying Home: Notes for Employers

Daniel Pugen On January 13, 2021 the Ontario Government issued an Emergency Order under the Emergency Management and Civil Protection Act, which includes a directi...
Jan 14, 2021
Torkin Manes LegalPoint

Ontario Government Further Extends the “COVID-19 Period” Under the ESA

Shreya Patel The “COVID-19 period” was set to expire on January 2, 2021 and has now been extended to July 3, 2021.
Dec 18, 2020
Torkin Manes LegalPoint

Arbitrator Upholds Employer’s Right to Impose Mandatory COVID Testing on Employees

Thomas A. Stefanik and Shreya Patel Everyone in society has been affected in different ways by the COVID-19 pandemic. Employers in particular have faced difficult challenges and have bee...
Dec 10, 2020
Torkin Manes LegalPoint

Increased Web Page Accessibility Requirements for Private and Non-Profit Organizations in Ontario Come into Effect in 2021 and AODA Accessibility Report Due Date Extended

Shreya Patel and Cameron McMaster The Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”) is a legislation designed to ensure that businesses, spaces and workplaces are mo...
Dec 1, 2020
Torkin Manes LegalPoint

If Employees Work Overtime, Employers Must Pay Despite Overtime Policies

Irv Kleiner and Shreya Patel In a recent class action proceeding which affected 31,000 CIBC customer service employees across Canada, the Ontario Superior Court of Justice has rul...
Oct 22, 2020
Torkin Manes LegalPoint

Temporary Wage Enhancements for PSWs and Direct Support Workers and Increase to Minimum Wage in Ontario

Irv Kleiner and Shreya Patel On October 1, 2020, the Government of Ontario announced that it would be providing a temporary wage increase for personal support workers (PSWs) and d...
Oct 2, 2020
Torkin Manes LegalPoint

COVID-19 Update: Screening of Employees in Ontario Workplaces now Mandatory

Gillian Howe On September 25, 2020, the Ontario Government amended Ontario Regulation 364/20 “Rules For Areas In Stage 3” under the Reopening Ontario (A Flexible R...
Sep 29, 2020
Torkin Manes LegalPoint

Ontario Government Extends Lay-Off Periods and Provides Further Temporary Relief Under the ESA

Daniel Pugen and Shreya Patel With the stated goal of protecting jobs and businesses, the Ontario government has extended the timeline for when temporary lay-offs are deemed perman...
Sep 11, 2020
Torkin Manes LegalPoint

A Future and Remote Violation of the Employment Standards Act is Enough to Render an Employment Agreement Unenforceable

Shreya Patel In a recent wrongful dismissal case, the Ontario Superior Court of Justice held that a potential violation of the Ontario Employment Standards Act, 20...
Jul 20, 2020
Torkin Manes LegalPoint

Court of Appeal Rules that “Cause” Existed to Invalidate Without Cause Termination Provision

Shreya Patel In a recent decision, the Ontario Court of Appeal held that a “termination for cause” provision that violates the Ontario Employment Standards Act, 20...
Jun 19, 2020
Novel Coronavirus (COVID-19)

Temporary Pandemic Pay Order Issued Pursuant to Ontario Regulation 241/20

Irv Kleiner and Shreya Patel On April 25, 2020, the Government of Ontario announced that it would be providing frontline employees with temporary pandemic pay in recognition of th...
Jun 2, 2020
Novel Coronavirus (COVID-19)

Temporary Relief for Employers – New Employment Standards Regulation

Daniel Pugen On May 29, 2020, the Ontario government introduced Ontario Regulation 228/20 (the “Regulation”) that amends the Ontario Employment St...
Jun 1, 2020
Novel Coronavirus (COVID-19)

Bill 191 - Workplace Safety and Insurance Amendment Act (Presumption Respecting COVID-19), 2020

Gillian Howe On May 19, 2020, Bill 191, the Workplace Safety and Insurance Amendment Act (Presumption Respecting COVID-19), 2020 (“Bill 191”), was introduced in th...
May 25, 2020
Torkin Manes LegalPoint

Demoted Long Service Employee Receives 28 Month Notice Period and Aggravated Damages

Shreya Patel In a recent decision, an employee was awarded 28 months of reasonable notice upon his constrictive dismissal. At the time of his dismissal, the employ...
May 22, 2020
Novel Coronavirus (COVID-19)

Ontario Provides Employers With Workplace Safety Guidelines As Workplaces Prepare To Re-Open

Shreya Patel On April 30, 2020, in partnership with the Ministry of Labour, Training and Skills Development, the Health and Safety Associations have released best ...
May 4, 2020
Novel Coronavirus (COVID-19)

Single-Employer Order Issued for Congregate Care Settings

Shreya Patel Similar to the Single-Employer Emergency Order for long term care and retirement homes, the Ontario Government has issued a new single-employer emerge...
May 1, 2020
Novel Coronavirus (COVID-19)

Government Passes Emergency Order for Mental Health Agencies

Daniel Pugen Following up on other recent Orders that were applicable to hospitals, long-term care facilities, retirement homes and developmental services agencies...
Apr 24, 2020
Novel Coronavirus (COVID-19)

Ontario Government Issues Single-Employer Emergency Orders for Long-Term Care Homes and Retirement Homes

Gillian Howe Recently the Ontario Government issued two new emergency orders pursuant to the Emergency Management and Civil Protection Act (the “Act”) imposing a s...
Apr 23, 2020
Novel Coronavirus (COVID-19)

Ontario Government Issues Emergency Order for Developmental Services Agencies

Irv Kleiner and Daniel Pugen Following up on other recent Orders that were applicable to hospitals, long-term care facilities and retirement homes, the Government has now iss...
Apr 8, 2020
Novel Coronavirus (COVID-19)

Emergency Measures in Retirement Homes

Irv Kleiner and Daniel Pugen Following up on other recent Orders that were applicable to hospitals and long-term care facilities, the Government has now issued an Order that is al...
Apr 6, 2020
Novel Coronavirus (COVID-19)

COVID-19 and the Canada Emergency Response Benefit (“CERB”)

Peter C. Straszynski On March 24, 2020, the Canadian Government passed Bill C-13, introducing (among other measures in response to COVID-19) the new Canada Emergency Respo...
Mar 26, 2020
Novel Coronavirus (COVID-19)

Job-Protected Leave and Financial Support for Employees Unable to Work due to COVID-19 School and Daycare Closures

Lisa Corrente On March 12, 2020, amid the growing COVID-19 pandemic, Ontario confirmed that it was closing schools for three weeks through to April 5, 2020. Days la...
Mar 26, 2020
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