Insights

Stay informed of the latest workplace law developments locally, nationally, and globally. From the timely quick read In A Flash to the In-Depth Analysis of various Advisors, Mathews Dinsdale’s team keeps you up-to-date.

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In-Depth Analysis

Is Everyone Who Employs Anyone Responsible for Everything Anyone Does? Maybe. SCC Splits on Scope of Owner / Employer OHSA Obligations on Construction Projects

The Supreme Court of Canada has released its long-awaited decision in R. v. Greater Sudbury (City). The Court has split 4:4 on its decision, reflecting a strongly divided opinion on a complex area of OHS law regarding the role and duties of owners and, more broadly, employers on a construction project. While the City of Greater Sudbury’s appeal is dismissed as a result, the decision raises significant questions for all owners and employers tasked with managing risk in a multi-employer workspace. This Advisor provides a summary of the Supreme Court’s decision, and discusses its potential implications.

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In-Depth Analysis

Ontario Hikes Corporate OHSA Penalties to Highest in Canada

On October 26, 2023, Bill 79, the Working for Workers Act, 2023 received Royal Assent. Included in legislative changes made by the Bill is an amendment to subsection 66(1) of the Ontario Occupational Health and Safety Act that increases the maximum fine that can be imposed on a corporation from $1.5 million to $2 million. This is now the highest corporate fine available for a conviction under health and safety legislation in Canada. In this Advisor, we comment on and analyze this most recent increase in maximum fines in Ontario.

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In-Depth Analysis

Employers’ Advisor September 2023

In this issue: 1) Court Upholds “With Cause” Termination of an Employee Who Worked a Secondary Job During Business Hours, 2) Attention Federally Regulated Employers: Recent Amendments to the Canada Labour Code Now in Effect, 3) Temporary Help Agency Licensing: What Employers Need to Know 

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In-Depth Analysis

Employers’ Advisor June 2023

In this issue: 1) Artificial Intelligence is Coming to Your Workplace: How Employers Can Prepare, 2) Termination of Employment for Non-Compliance with a Mandatory Vaccination Policy Upheld in the Hospital Context, 3) Human Rights Tribunal Finds the Job Requirement of “Permanent Eligibility to Work in Canada” to be Discriminatory

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In-Depth Analysis

Employers’ Advisor March 2023

In this issue: 1) Workplace Relationships: Lessons from the Mayor’s Office, 2) Healthy Remedy: Former NB Health CEO Awarded Hefty Damages after Public Firing, 3) Employers Beware: Effective June 23, 2023, Wage-Fixing and No-Poaching Agreements are Outlawed

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In-Depth Analysis

Employers’ Advisor December 2022

In this issue: 1) BC Court Rules that Placement on Unpaid Leave for Violation of Mandatory Vaccination Policy is not Constructive Dismissal; 2) Roasted: Investigation Conduct Lands Employer Café in Hot Water; 3) OHRT Rules that it has Concurrent Jurisdiction with Labour Arbitrators over Human Rights Matters

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In-Depth Analysis

Employers’ Advisor September 2022

In this issue: 1) To Track or Not to Track: Your Organization Needs an Electronic Monitoring Policy for That; 2) Kosteckyj v Paramount: Employee had 25 days to Claim Constructive Dismissal; 3) “Quiet Quitting”: Emerging Issues and the Future of Work

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In-Depth Analysis

Employers’ Advisor June 2022

In this issue: ON Court of Appeal Affirms Award of 26 Months’ Pay to Terminated Employee, Check Yourself: B.C. Government Eliminates Mandatory Voting for Union Certification in Favour of Card Checkand Digital Platform Workers’ Rights Act: Blurring the Distinction Between Employees and Independent Contractors Performing Digital Platform Work.

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