In A Flash
In Giacomodonato v. PearTree Securities Inc., 2024 ONCA 437, the Court of Appeal upheld the lower court’s decision that there was fresh consideration for the plaintiff’s second employment contract and confirmed that courts are concerned with the existence rather than the adequacy of consideration. Therefore, the second employment contract was enforceable and governed the plaintiff’s entitlements on the termination of his employment.
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In A Flash
On June 3, 2024, the Ontario Superior Court dismissed a motion to certify a class action alleging misclassification of independent contractors on the basis of their assignment by a temporary help agency. The Court found that the issue of whether an individual was subject to an agreement to assign under section 74.3 of the Employment Standards Act, 2000, (“ESA”) could not be determined on a class-wide basis.
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In A Flash
On May 27, 2024, the House of Commons unanimously passed Bill C-58 (the “Bill”), which seeks to restrict federally-regulated employers from hiring replacement workers during lockouts or strikes.
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In A Flash
In a recent case, the Court of Appeal confirmed that an employee’s failure to meet COVID-19 vaccination requirements imposed by a third party amounted to frustration of the employment contract. There was, therefore, no obligation for the employer to provide notice of termination or pay in lieu of notice. The Court confirmed the motion judge’s findings, accepting that in the circumstances, all requirements for frustration had been met.
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In A Flash
On May 2, 2024, the Federal Court found that an investigation conducted into various allegations of workplace harassment and violence conducted by the Canadian Border Services Agency (“CBSA”) violated the principles of procedural fairness. As a result, the Court ordered a new investigation, using a different investigator.
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In A Flash
On May 6, 2024, the Government of Ontario announced that it will be introducing the Working for Workers Five Act (the “Act”), building on four previous Working for Workers Acts.
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In A Flash
On May 3, 2024, the Government of Ontario announced that it would be introducing legislation which, if passed, would increase fines under the Employment Standards Act, 2000 (the “ESA”) and create further obligations on employers during the recruitment and hiring process.
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In A Flash
Immigration, Refugees and Citizenship Canada (“IRCC”) has announced that it will not extend the temporary public policy which allowed certain international students to work more than 20 hours per week. This fall, IRCC intends to roll-out a new allowance for international students to work up to 24 hours per week off-campus.
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OHS & Workers’ Compensation Advisor
The case involving a workplace explosion and Ontario Occupational Health and Safety Act (OHSA) prosecution against Eastway Tank, Pump and Meter Limited of Ottawa, Ontario and its owner and Director Neil Greene, wrapped on Friday April 5, 2024 with guilty pleas and penalties for both the company and its Director. The terrible incident, which occurred in January 2022, resulted in fatal injuries to 6 workers, and catastrophic ones to a 7th worker, one of the worst losses of life and injury in a workplace accident in Canadian history. In addition to imposing a high OHSA corporate fine, the case has sent a chilling message about future OHS prosecution risk to Canadian corporate directors and officers.
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