Have you taken a look at your organization’s upcoming deadlines under the Accessibility for Ontarians with Disabilities Act (“AODA”)? By January 1, 2021, certain private-sector organizations will be required to meet the following key deadlines: December 31, 2020: Filing an Accessibility Compliance Report; and January 1, 2021: Making website and web content accessible Previous Deadline: Section 4(1) of the Integrated Accessibility Standards Regulation (the “IASR”) under the AODA required large organizations (i.e. those with 50…

On October 17, 2018, the cultivation, sale, distribution and consumption of certain classes ‎‎of marijuana for recreational (i.e. non-‎medical) purposes was legalized across Canada, including fresh and dried flowers, seeds, plants and oils. Many employers have responded to the workplace concerns arising from the legalization of recreational marijuana by implementing policies that address recreational marijuana in the workplace, including with respect to possession, use, impairment and accommodation for dependency. However, just as employers are becoming…

Advance polling for Canada’s federal election commences today, ahead of election day on Monday, October 21, 2019 (7:00 am to 7:00 pm in BC). Employers should keep in mind their obligations under the Canada Elections Act, specifically: Time off to vote Every employee who is an elector is entitled, during voting hours on polling day, to have three consecutive hours for the purpose of casting their vote and, if their hours of work do…

In Ruston v. Keddco Mfg. (2011) Ltd., 2019 ONCA 125, the Ontario Court of Appeal affirmed that an employer’s improper conduct in the course of terminating an employee’s employment and during the course of the ensuing litigation warranted a $100,000 punitive damages award against the employer. The Ontario Court of Appeal upheld the $604,627.09 in damages and the $546,684.73 in substantial indemnity costs awarded to the Plaintiff. In total, Keddco Mfg. (2011) Ltd. (“Keddco”) was…

On August 27th, 2019 former Ontario school teacher Ryan Jarvis was sentenced to six months in jail and 12 months’ probation after the Supreme Court of Canada (“SCC”) convicted him of voyeurism earlier this year.  Although this is a criminal decision, it is nevertheless instructive for employers as the decision clarified the law relating to private versus public places, in particular an individual’s expectation of privacy. The decision also demonstrates how workplace policies, which clearly…

The Federal government’s commitment to the “modernization” of employment standards applicable to federally regulated workplaces continues with the coming into force of more Canada Labour Code amendments and federal accessibility legislation. Federally regulated employers should take note. Canada Labour Code A large number of the sweeping, employee-centric changes to the Canada Labour Code enacted in late 2018 will come into effect on September 1, 2019, including amendments with respect to: (a) medical certificates and health…

After a number of open questions, Alberta Courts have continued to clarify the law of summary judgment, particularly as it applies to wrongful dismissal. In Rudichuk v. Genesis Land Development Corp, 2019 ABQB 133, the Court addresses evidence and burden of proof. The plaintiffs, Rudichuk and Scott, were executives with Genesis Land Development (“Genesis”). On termination of employment, Genesis alleged the employees had breached a non-solicitation provision contained in each of their employment agreements. The employees…