Tag: Ontario

Project manager sentenced to 3.5-year jail term in Metron swing stage collapse

by Norm Keith, Christina Hall, and Shane Todd “… [A] significant term of imprisonment is necessary to reflect the terrible consequences of the offences and to make it unequivocally clear that persons in positions of authority in potentially dangerous workplaces have a serious obligation to take all reasonable steps to ensure that those who arrive […]

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Incentive plan entitlements on wrongful dismissal

By Richard E. Johnston In Canada, the wording of incentive plans can have a significant impact on the payments required on termination without cause. This point was highlighted by three Ontario decisions earlier this year.

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Transferred employee’s wrongful dismissal suit lands in New York court

by Bonny Mak Waterfall and Rachel Younan When a Canadian employer transfers its employee to a non-Canadian entity, is it still on the hook for wrongful dismissal damages? Recently, an Ontario court declined to hear a civil action claiming wrongful dismissal damages from an employee who was transferred to a United States subsidiary of a […]

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Ontario releases new workers’ compensation policy to aid in claims involving pre-existing conditions

by Cathy Chandler Until recently, Ontario was the only jurisdiction in Canada without a specific policy dealing with the effect of pre-existing conditions on claims for workers’ compensation. That has now changed. On November 1, 2014, a new policy of the Ontario Workplace Safety and Insurance Board (WSIB), Pre-Existing Conditions, came into force. The goal […]

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Insuring long-term disability insurance

by Richard E. Johnston In Canada, benefit plans are subject to legislation related to income tax, human rights, and employment standards. However, there is little specific regulation of benefit plans other than pension plans. A key exception is the provision of long-term disability benefits that are not funded under an insurance contract—at least for federally […]

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New occupational health and safety awareness training to be required in Ontario

By Patrick Gannon Occupational health and safety legislation in all provinces across Canada places the ultimate responsibility for occupational health and safety on employers. Among other things, Canadian employers have to provide certain information, instruction, and training to workers. Last month, Ontario took occupational health and safety training to a new level, announcing that Ontario […]

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Mood problem or mental disorder? When can employers discipline?

By Kyla Stott-Jess Employers in Canada can’t discriminate against employees based on mental disabilities. But the broad interpretation that courts and arbitration boards frequently apply to human rights laws often makes it difficult to know where the boundaries of “mental disability” lie. In a recent arbitration decision in Ontario, Windsor (City) and WPFFA (Elliot), the […]

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Gender identity and expression now protected in Ontario

By Alix Herber and Keri Bennett Human Rights Tribunals across Canada are constantly expanding the interpretation of prohibited grounds. Ontario has recently joined Manitoba and the Northwest Territories and gone one step further by recognizing gender identity as a prohibited ground.

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Employers on their own for compliance with health and safety orders

by Rosalind H. Cooper Employers in many Canadian provinces have often looked to Ministry of Labour inspectors to provide guidance to assist them in complying with their obligations under various occupational health and safety statutes and regulations. Employers often request such advice because they believe that Ministry of Labour inspectors, who visit multiple workplaces and […]

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