Carl Cunningham

Partner
Co-Head of Employment Services Practice

T: 416.777.4847 / E: cunninghamc@bennettjones.com

Toronto

Carl Cunningham provides strategic employment advice to management (including the on-boarding and separation of C-Suite executives) and frequently provides advice regarding the transfer of employees in complex corporate transactions.

Carl's practice includes advising both federally and provincially regulated employers regarding all aspects of employment law. Carl assists employers in establishing the employment relationship, such as drafting and negotiating employment contracts, change of control agreements and workplace policies, and complying with applicable legislation, such as employment standards, health and safety and the Human Rights Code. He also provides strategic advice to clients on issues that arise during the course of the employment relationship, such as managing absenteeism, use of independent contractors, accommodating injured workers, administering discipline and responding to allegations of workplace harassment. In the event that the employment relationship ends, Carl provides employers with guidance on cost effective ways to structure termination packages and headcount reductions.

In addition to providing employers with strategic advice, Carl also represents employers in a broad range of employment disputes. He frequently attends mediations and appears in the Superior Court of Justice on wrongful dismissal litigation and claims relating to breach of post-employment obligations, including moving for and responding to injunctions. Carl also represents employers at labour- and employment-related tribunals, including the Ontario Human Rights Tribunal, Canada Industrial Relations Board, the Ontario Labour Relations Board, boards of arbitration, and Coroner's Inquests.

Carl also advises on employee privacy law issues.

Carl is recognized as one of Canada's "Leading Lawyers under 40" in the 2014 edition of Lexpert's annual Rising Stars awards.

Select Experience

Morrison Hershfield Group Inc. with the private company arrangement in its sale to Stantec Consulting Ltd.
S.i. Systems, a portfolio company of Quad-C Management, in its sale by Quad-C and management shareholders to Cornell Capital and Torquest Partners
Kensington Capital Partners and Kensington Private Equity Fund in its acquisition and subsequent amalgamation of Resolute Health Corporation Limited, a leading Canadian healthcare services business specializing in the testing and treatment of obstructive sleep apnea
Lineage Logistics, an international refrigerated warehousing and storage company owned by Bay Grove Capital, on its acquisition of VersaCold Logistics Services, a Canadian refrigerated warehousing company with fully integrated logistics capabilities, from Torquest Partners, The Investment Management Corporation of Ontario and OPTrust
Stone Canyon Industries Holdings LLC and Kissner Group Holdings, as Canadian counsel, in their US$3.2-billion agreement to acquire K+S Aktiengesellschaft's North and South American salt business, including Morton Salt and Windsor Salt
Cenovus Energy Inc., in its $23.6-billion acquisition of Husky Energy Inc.
Devon Canada Corporation and Devon Canada Crude Marketing Corporation, in their approx. $3.8-billion sale of substantially all of their assets to Canadian Natural Resources Limited
Kissner Group Holdings LP, completed its acquisition of NSC Minerals Ltd., a market-leading provider of salt products in Western Canada and the North Central United States, from an investor group led by Altas Partners
S.i. Systems Ltd., in its acquisition by Quad C Partners
Longview Aviation Capital Corp., in its acquisition of the Dash 8 program from Bombardier Inc.
Klondex Mines Ltd., in its US$462-million acquisition by Hecla Mining Company pursuant to a Plan of Arrangement
Havilah Mining Corporation, in its US$52-million spin-out from Klondex Mines Ltd. including a concurrent equity subscription by Hecla Mining Company pursuant to a Plan of Arrangement
First Majestic, completes its US$320-million acquisition of Primero Mining and enters into new stream agreement at San Dimas Mine
The Government of Bermuda, as Chief Legal Advisor, in the redevelopment and 30 year operation of Bermuda's L.F. Wade International Airport
Tervita Corporation, in completing a $3.6-billion recapitalization transaction under the CBCA
Kissner Holdings LP, in its $400,000,000 notes offering and related refinancing transactions
Stantec Inc. (NYSE, TSX: STN) in its $1.25-billion credit facilities to finance, in part, the successful acquisition of MWH Global, Inc. for approximately US$793 million
Acal PLC, a UK-based company and a leading international supplier of customised electronics to industry, in its acquisition of Plitron Manufacturing Inc., a Toronto-based designer and manufacturer of custom toroidal transformers for transportation, medical and industrial applications
Waste Connections, Inc. on an approximately $13-billion merger with Progressive Waste Solutions Ltd.
The Special Committee of the Board of Directors of Romarco Minerals Inc., in its acquisition by OceanaGold Corporation pursuant to a court approved plan of arrangement for approximately $856 million on a fully-diluted in the money basis
Precision Castparts Corp., in its acquisition of Noranco Inc. from MidOcean Partners and PSP Investments for US$560 million
Crocodile Gold Corp., (TSX) in its combination with Newmarket Gold Inc. (TSXV) pursuant to a court approved plan of arrangement for approximately $185 million
Metalmark Capital, in the acquisition of Kissner Milling Company Limited and Kissner Group Inc. by an investor group led by Metalmark Capital and including Silvertree, a joint venture between Silverhawk Capital Partners and Demetree Salt, LLC, and the Kissner management team
Premier Gold Mines Limited, a Canadian-based mineral exploration company, in its proposed 50/50 partnership with Centerra Gold Inc. for the joint ownership and development of Premier's Trans-Canada Property including the Hardrock Gold Project located in the Geraldton-Beardmore Greenstone Belt in Ontario
Wheels Group, Inc., in its corporate reorganization and subsequent acquisition by Radiant Logistics Inc. pursuant to a court approved plan of arrangement for approximately $100 million
Canadian counsel to Regal Beloit Corporation, in the US$1.44-billion world-wide acquisition of the Power Transmission Solutions business of Emerson Electric Co
Parkland Fuel Corporation, North America's fastest growing distributor and marketer of fuels and lubricants, in its proposed $378 million purchase of assets of Pioneer Energy
VimpelCom Ltd., in its sale process and disposition of their debt and equity interests in the Globalive group of companies in Canada, including Globalive Wireless Management Corp. (WIND Mobile), including the forgiveness or sale of approximately $2 billion of debt owed by WIND Mobile and the sale of their equity interests in WIND Mobile for approximately $130 million
Darling International Inc., in its acquisition of all the assets of Rothsay, a division of Maple Leaf Foods Inc., for approximately $645 million
Synacor, Inc., in its acquisition of Carbyn
Glencore International, in its acquisition of all the outstanding shares of Viterra for approximately $6.1 billion by way of a plan of arrangement and the sale of certain assets of Viterra to each of Agrium and Richardson International for aggregate proceeds of approximately $2.6 billion
The Sterling Group, in its acquisition of the Liqui-Box Corporation from DuPont
Meridian Credit Union, in its merger with Desjardins Credit Union to create Ontario's largest credit union with 263,000 members and $8 billion in assets under management
Burntsand Inc., (a TSX listed issuer) in its amalgamation with a wholly-owned subsidiary of Opentext Corporation
Riverstone Holdings LLC, in their agreement to acquire Gibson Energy Holdings, Inc. from Hunting Plc for a purchase price of $1.25 billion and related financing
One Equity Partners and Systagenix Wound Management, as Canadian counsel, in the purchase of Ethicon, Inc.'s, (a Johnson & Johnson company), Professional Wound Care business.
Icera Inc., as Canadian counsel, in its acquisition of Sirific Wireless
Castek Software Inc., in the acquisition of interests by a controlling shareholder
Health Care Property Investors Inc., in its $1.4-billion offer to acquire all of the outstanding units of Sunrise Senior Living Real Estate Investment Trust

Recent Recognitions

Lexpert Guide to the Leading U.S./Canada Cross-border Corporate Lawyers in Canada

Recognized as a Corporate lawyer to watch
Lexperts Rising Stars Leading Lawyers Under 40

Recognized as one of Canada's leading 40 lawyers under 40
The Legal 500 Canada

Recommended, Labour and Employment

Recent Insights, News & Events

Bennett Jones Spring 2025 Employment Update
Event / April 10, 2025
New Regulations Regarding the Hiring Process: Key Dates and Information for Ontario Employers
Blog / December 12, 2024
Ontario has recently published regulations offering employers further details on the new amendments to the Employment Standards Act, 2000 (ESA) related to the hiring process. These changes were initially introduced under the Working for Workers Four Act, 2024 (Bill 149) and the Working for Workers Five Act, 2024 (Bill 190) as part of Ontario’s “Working for Workers” legislation series, which received Royal Assent earlier this year. We previously discussed these changes in our updates, More Legislative Changes on the Horizon for Ontario Employers and More Legislative Changes for Ontario Employers as Ontario’s Working for Workers Five Act, 2024 Receives Royal Assent. The regulations are accessible here and here.
Working for Workers Six Act, 2024: More Changes on the Horizon for Ontario’s Employment-Related Legislation
Blog / December 03, 2024
On November 27, 2024, the Ontario government introduced Bill 229, Working for Workers Six Act, 2024 (Bill 229). This announcement comes just one-month after Ontario’s Working for Workers Five Act, 2024 (Bill 190) received Royal Assent on October 28, 2024 (for more information on the legislative changes implemented by Bill 190, please see our previous update, More Legislative Changes for Ontario Employers as Ontario’s Working for Workers Five Act, 2024 Receives Royal Assent).
Bill 149 Receives Royal Assent—New and Upcoming Legislative Changes for Ontario Employers
Blog / April 16, 2024
On March 21, 2024 Bill 149, Working for Workers Four Act, 2023 (Bill 149) received Royal Assent. As discussed in our initial blog, More Legislative Changes on the Horizon for Ontario Employers, late last year when the legislation was introduced, Bill 149 brings with it several changes to Ontario’s Employment Standards Act, 2000 (ESA) and other employment-related legislation in Ontario, of which employers should be aware. Below is an overview of some of the more material changes to the ESA introduced by Bill 149, which will impact provincially regulated employers in Ontario.
More Legislative Changes on the Horizon for Ontario Employers
Blog / December 05, 2023
On November 14, 2023, the Ontario government tabled Bill 149, Working for Workers Four Act, 2023 (Bill 149) which, as of the date of this blog, has been referred to the Standing Committee on Social Policy. If implemented as it is currently drafted, Bill 149 would introduce several changes to Ontario’s Employment Standards Act, 2000 and other employment-related legislation in Ontario.
Changes to Ontario's Employment-Related Legislation Have Arrived
Blog / November 28, 2023
As you may have heard or read in our earlier blog, More Changes to Ontario's Employment-Related Legislation Are on the Horizon, the Ontario government introduced Bill 79, Working for Workers Act, 2023 in late March 2023. On October 26, 2023, Bill 79 received Royal Assent, introducing changes to Ontario's Employment Standards Act, 2000 (ESA) and other employment-related legislation in Ontario. Below is an overview of certain of the more material changes that came into force under Bill 79 on October 26, 2023 and which provincially-regulated employers in Ontario will need to be mindful of moving forward.
2023 Employment Symposium
Event / May 18, 2023
The Bennett Jones Employment Services group will be hosted it's annual Employment Symposium on Thursday, May 18. This half-day session provided both jurisdictional and national employment updates.
More Changes to Ontario's Employment-Related Legislation Are on the Horizon
Blog / April 03, 2023
On March 20, 2023, the Ontario government introduced Bill 79, Working for Workers Act, 2023, which, if passed, will introduce changes to Ontario's Employment Standards Act, 2000 and other employment-related legislation in Ontario.
Bennett Jones Shines In Legal 500 Canada Rankings
Announcements / November 09, 2022
Bennett Jones has been recognized as a top-tier firm in five practice areas in the 2023 Legal 500 Canada guide: Aviation, Cannabis, Dispute Resolution: Alberta, Environment and Oil and Gas.
New Guidance on Ontario's Electronic Monitoring in the Workplace Policy
Blog / August 08, 2022
The Ontario government amended the Employment Standards Act, 2000 on April 11, 2022 to introduce a requirement that workplaces with 25 or more employees in Ontario create a written "electronic monitoring" policy. These employers should immediately start considering what this policy will look like ahead of the October 11, 2022 deadline for ESA implementation.
The Labour Market: Shortages, Uncertainty and Transitions
Updates / June 16, 2022
Two underlying themes for the Spring 2022 Bennett Jones Economic Outlook are supply shortages and economic uncertainty. These themes also resonate in analyzing developments and prospects in the Canadian labour market more than two years after the outbreak of COVID.
Ontario Passes New Legislation Which Includes an Electronic Monitoring Policy and a New Act for Digital Workers
Blog / April 21, 2022
The Ontario government has recently passed new legislation, Bill 88: Working for Workers Act, 2022, which includes amendments to the Employment Standards Act, 2000, and the Occupational Health and Safety Act, as well as an entirely new Act, the Digital Platform Workers' Rights Act, 2022. Bill 88 received Royal Assent on April 11, 2022.
Lineage Logistics Acquires VersaCold Logistics Services
Client Work / April 13, 2022
Lineage Logistics, an international refrigerated warehousing and storage company owned by Bay Grove Capital, on its acquisition of VersaCold Logistics Services, a Canadian refrigerated warehousing company with fully integrated logistics capabilities, from Torquest Partners, The Investment Management Corporation of Ontario and OPTrust.
2022 Employment Symposium
Event / April 07, 2022
On Thursday, April 7, the Bennett Jones Employment Services group will be hosting it's annual Employment Symposium. This half-day session is intended to provide insight and analysis on both regional as well as national issues facing employers in a post-COVID work environment.
Ontario to Lift Additional COVID-19 Safety Measures on March 21, 2022
Blog / March 11, 2022
Ontario's Chief Medical Officer of Health announced on March 9, 2022 the Province's plan for lifting the majority of the remaining COVID-19 related public health and workplace safety measures. This announcements comes just a couple of weeks after several measures were lifted on March 1, 2022, including the mandatory proof of vaccination requirements for all settings, lifting of capacity restrictions and the movement from active to passive screening of persons attending the workplace.
New Guidance on Ontario's Disconnect from Work Policy and Ban on Non-Competes
Blog / February 23, 2022
As we discussed in our previous blog, Ontario Bill 27: Working for Workers Act, 2021 is Now the Law, the Ontario government amended the Employment Standards Act, 2000 (the ESA) on December 2, 2021 to include a prohibition on non-competition agreements between employers and Ontario employees and to introduce a requirement that workplaces with 25 or more employees in Ontario create a "disconnect from work" policy. On February 18, 2022, Ontario's Ministry of Labour, Training and Skills Development (the Ministry) released further guidance to aid employers and employees in their understanding of what is required of them under these new laws.
The Right To Disconnect in Federally-Regulated Workplaces
Blog / February 18, 2022
The "right to disconnect" refers to an employee's ability to not engage in work-related communications (emails, texts, telephone calls, video calls, etc.) while off duty. The right to disconnect is no longer a novel concept, but after emerging in France in 2017, it is increasingly part of the global workplace discussion. It may have found its foothold in Canada with Ontario's Bill-27: the Working for Workers Act 2021, which requires provincially-regulated employers in Ontario with 25 or more employees to have a written right to disconnect policy by June 2, 2022. Bennett Jones has written on this development in a previous blog, Ontario Bill 27: Working for Workers Act, 2021 is Now the Law. Most recently, the Right to Disconnect Advisory Committee has issued its final report to the federal Minister of Labour that includes recommendations of potential interest to federally regulated employers.
Equitable Announces Agreement to Acquire Concentra Bank
Client Work / February 11, 2022
Bennett Jones is acting for Equitable Bank in its agreement to acquire a majority interest in Concentra Bank and Equitable Group's concurrent $200-million bought deal offering of subscription receipts.
Context Matters: Another Mandatory Vaccination Policy Upheld by an Ontario Arbitrator
Blog / January 13, 2022
In an effort to curb the spread of COVID-19 in the workplace, and in accordance with public health guidance, many Ontario employers have implemented vaccination policies over the past year. Given the recent, unprecedented spread of COVID-19 due to the arrival of the Omicron variant, vaccination policies and their ultimate enforceability will be forefront in the minds of many employers and employees in the coming months.
CP Shareholders Overwhelmingly Support Proposed CP-KCS Merger Agreement
Client Work / December 08, 2021
Canadian Pacific Railway (CP) has announced that its shareholders voted overwhelmingly in favour of the issuance of CP common shares to Kansas City Southern (KCS) common stockholders in connection with the proposed CP-KCS combination.
Ontario Bill 27: Working for Workers Act, 2021 is Now the Law
Blog / December 07, 2021
Bill 27, introduced in October 2021, has now passed and received royal assent. Employers should review the employee-friendly legislation changes, including a ban on non-competes and a "Disconnect from Work" policy.
Ontario Introduces Employee-Friendly Legislation Which Includes Prohibition on Non-Competes
Blog / October 29, 2021
The Ontario government introduced legislation on October 25, 2021, which if passed, will prohibit non-competes in employment agreements, mandate that employers have a "disconnect from work" policy and require temporary help agencies and recruiters to be licensed, amongst other changes.
Employer-Friendly Decision: Ontario Court of Appeal Limits Employees’ Entitlements to Equity-Based Incentives
Blog / October 27, 2021
On October 18, 2021, the Ontario Court of Appeal released its decision in Battiston v Microsoft Canada Inc., 2021 ONCA 727, in which it overturned the trial court's finding that termination provisions in a stock award agreement could not be enforced against the dismissed employee, Francis Battiston.
Canadian Pacific and Kansas City Southern Sign Historic US$31-billion Merger
Client Work / September 29, 2021
Canadian Pacific Railway and Kansas City Southern have entered into a historic U.S.$31 billion merger, which will create the first single-line rail network linking the United States, Mexico and Canada. CP's winning bid for KCS was a superior proposal to a competing offer by Canadian National Railway.
Minimum Wage in Ontario Will Rise to $14.35 per Hour on October 1, 2021
Blog / September 28, 2021
On October 1, 2021, the general minimum wage rate that applies to most provincially-regulated employees in Ontario will increase from $14.25 to $14.35 per hour. This 10-cent boost is tied to the Ontario Consumer Price Index for 2020.
Contradictory Decisions: Ontario Judges on Infectious Disease Emergency Leave
Blog / July 06, 2021
Last month, we wrote about a recent decision of the Ontario Superior Court in Coutinho v Ocular Health Centre, which found that employees placed on a temporary leave under O. Reg 228/20 Infectious Disease Emergency Leave (the IDEL regulation) could make a common law claim for constructive dismissal.
Infectious Disease Emergency Leave Does Not Shield an Employer From Constructive Dismissal at Common Law
Blog / May 06, 2021
A recent decision of the Ontario Superior Court has dealt yet another blow to employers in the wake of the ongoing COVID-19 pandemic. The decision of Justice D.A. Broad in Coutinho v Ocular Health Centre, released April 27, 2021, is the first to interpret the recently enacted O. Reg. 228/20 Infectious Disease Emergency Leave (the “IDEL regulation”) and determine the effect of the IDEL regulation on claims of alleged constructive dismissal at common law.
Ontario Employers Must Provide Employees Paid COVID-19 Leave
Blog / May 04, 2021
On April 29, 2021, the Ontario Legislature passed the COVID-19 Putting Workers First Act, amending section 50.1 of Ontario's Employment Standards Act, 2000 (ESA). As a result, provincially regulated employers must now provide their Ontario employees with three days of paid leave, up to maximum of $200 per day, if their employees miss work because of the COVID-19 pandemic.
Bennett Jones Acting for CP Railway in US$29-billion Combination with Kansas City Southern
Client Work / March 22, 2021
Bennett Jones is acting as Canadian counsel for Canadian Pacific Railway in its combination with Kansas City Southern to create the first rail network connecting the United States., Mexico, and Canada. Under the merger agreement, CP has agreed to acquire KCS in a stock and cash transaction representing an enterprise value of approximately US$29 billion. The transformative transaction has the unanimous support of both boards of directors.
Ontario Employers Need to Review their Employment Agreements—the Waksdale Decision is Here to Stay
Blog / January 20, 2021
On January 15, 2021, the Supreme Court of Canada denied an application for leave to appeal from the Ontario Court of Appeal's June 2020 decision in Waksdale v. Swegon North America Inc., 2020 ONCA 391. As a result, many provincially-regulated employers in Ontario are now saddled with unenforceable termination provisions in their employment agreements with non-union employees, unless steps are taken to rectify them.
Supreme Court of Canada Awards Damages for Incentive Plan Entitlements Despite Plain Language of Plan to the Contrary
Articles / December 22, 2020
The Supreme Court of Canada’s decision in Matthews v. Ocean Nutrition Canada Ltd., 2020 SCC 26, highlights the high standard a court will require to rebut the presumption at common law that a dismissed employee will receive all forms of compensation during the employee’s notice period. Published in Canadian Employment Law Guide, No. 188.
2020 Virtual Employment Symposium
Event / October 27, 2020
The Bennett Jones Employment Services group hosted a virtual symposium focused on current issues facing employers and how best to adapt to these evolving trends.
Bennett Jones Acts for Cenovus in $23.6-billion Combination with Husky
Client Work / October 27, 2020
Bennett Jones is acting for Cenovus Energy Inc. in its combination with Husky Energy Inc. to create a new integrated Canadian oil and natural gas company. The companies have entered into a definitive [...]
Supreme Court of Canada Awards Damages for Incentive Plan Entitlements Despite Plain Language of Plan to the Contrary
Blog / October 13, 2020
The Supreme Court of Canada's decision in Matthews v Ocean Nutrition Canada Ltd., 2020 SCC 26, highlights the high standard a court will require to rebut the presumption at common law that a dismissed employee will receive all forms of compensation during the employee's notice period.
Bennett Jones Advises on $3.2-Billion Agreement to Acquire K+S Americas Salt Business, Including Morton Salt and Windsor Salt
Client Work / October 04, 2020
Bennett Jones served as Canadian counsel to Stone Canyon Industries Holdings LLC (SCIH) and Kissner Group Holdings in their agreement to acquire K+S Aktiengesellschaft's North and South American salt [...]
COVID-19 Screening Now Required for Access to Ontario Workplace
Blog / October 01, 2020
As the number of COVID-19 cases continues to rise in Ontario, Premier Ford announced on September 28, 2020, that Ontario "is in the second wave". As part of measures to flatten the curve during this second wave of COVID-19, the Ontario government has enacted a regulation that requires Ontario businesses to screen workers (including students, contractors, and volunteers) and essential visitors (e.g., delivery and maintenance personnel) before they enter the premises of the business or organization.
Ontario Extends the Infectious Disease Emergency Leave and Delays Layoffs under the ESA until January 2, 2021
Blog / September 15, 2020
The Ontario government has extended the temporary relief measures under Ontario's Employment Standards Act, 2000 (ESA) set out in O. Reg. 228/20: Infectious Disease Emergency Leave until January 2, 2021.
Employment Terms that are "Harsh and Oppressive" Require Additional Notice
Blog / July 29, 2020
In Battiston v. Microsoft Canada Inc., 2020 ONSC 4286, the Ontario Superior Court held that a contractual provision (that unambiguously excluded the employee's rights to unvested stock awards after he was terminated without cause) was unenforceable because the employer failed to sufficiently draw the particular provision to the employee's attention. As a result, the Court awarded the employee damages in lieu of his stock awards that would have vested during the notice of termination period, thereby increasing the employer's severance costs.
Canada Emergency Wage Subsidy: Proposed Extension until December 19, 2020 and Redesign
Blog / July 20, 2020
On July 17, 2020, in response to public consultations, the Department of Finance, introduced draft legislative proposals which, if implemented, would extend the Canada Emergency Wage Subsidy (CEWS) to December 19, 2020, and significantly redesign the program.
Ontario Employers Face Sweeping Implications for the Enforceability of Termination Clauses
Blog / June 23, 2020
Ontario employers, already grappling with the challenges of managing employee costs during the COVID-19 pandemic, now face the burden of an Ontario Court of Appeal decision that could materially increase many employers' severance cost obligations.
Working From Home During a Pandemic—The Expense Conundrum
Blog / June 19, 2020
The World Health Organization declared the COVID-19 outbreak a pandemic on March 11, 2020, and many employers responded by requiring or encouraging their employees to work from home. Even as Canada commences "reopening", it is anticipated that many employers will have a large number of employees transition to permanent work from home arrangements. As part of a broader strategy on working from home, we recommend that employers consider the issue of home office expense reimbursement and the ability of employees to deduct unreimbursed expenses, both from an employment law perspective and also under the Income Tax Act (Canada) (ITA).
More COVID-19 Relief for Employers: The Large Employer Emergency Financing Facility
Blog / May 21, 2020
The Large Employer Emergency Financing Facility (LEEFF) is another part of Canada's COVID-19 Economic Response Plan. Details of LEEFF were announced on May 20, 2020, the same time the application process opened.
Canada Emergency Wage Subsidy: Extension to August 29, 2020, and Expanded Eligibility Requirements
Blog / May 19, 2020
The Canada Emergency Wage Subsidy (CEWS) was enacted, as amendments to the Income Tax Act (Canada) (ITA), on April 11, 2020, for the purposes of assisting employers in financial hardship due to the COVID-19 pandemic and of reducing potential lay-offs of employees. As described previously (COVID-19 Relief for Employers: The Canada Emergency Wage Subsidy is Approved and Applications for the Canada Emergency Wage Subsidy Open on April 27, 2020), the CEWS generally provides "eligible entities" with a wage subsidy of up to 75 percent of "eligible remuneration" paid to an "eligible employee" per week, up to a maximum of $847 per week.
Best Practices for Returning to Work and Operating a Business During COVID-19: An Employer's Guide to Reopening Physical Workplaces
Blog / May 11, 2020
As we better understand the challenges associated with COVID-19, attention has turned to reopening the Canadian economy and retuning to work. This, in turn, raises questions about the steps that employers should be taking to train their employees and adapt their physical workplaces in order to continue operating (if they did not shutdown during the pandemic) or return to work (if they did shutdown) in a COVID-19 world.
Employee Relations and Reputation Management During the COVID-19 Pandemic: Part One
Event / April 30, 2020
A two-part webinar series, hosted by Bennett Jones and Teneo, featured advisors in employment and labour law, strategy, crisis communications and reputation management, answering questions on some of the most pressing issues facing your business today.
Employee Relations and Reputation Management Webinar Series
Speaking Engagements / April 30, 2020
Sara Parchello, Carl Cunningham and Susan Seller spoke on Employee Relations and Reputation Management During the COVID-19 Pandemic in a two-part webinar series co-presented with Teneo.
Applications for the Canada Emergency Wage Subsidy Open on April 27, 2020
Blog / April 24, 2020
On April 21, 2020, the federal government announced that applications for the Canada Emergency Wage Subsidy (CEWS) will open on April 27, and provided details on the application process as well as information on (and access to) a new calculator to assist eligible employers with determining the amounts that might be received under the CEWS program. On April 24, 2020, the government published a Frequently Asked Questions (FAQs) document to provide additional guidance on some of the key CEWS operational and process issues, and also sets out a series of examples which may provide guidance in certain circumstances.
COVID-19 Relief for Employers: The Canada Emergency Wage Subsidy is Approved
Blog / April 13, 2020
On Saturday April 11, 2020, the COVID-19 Emergency Response Act, No. 2 received Royal Assent, thereby amending the Income Tax Act (Canada) to give effect to the Canada Emergency Wage Subsidy (CEWS) framework that the federal government had previously proposed. The legislation is largely consistent with the details of the CEWS that had previously been announced (see our previous blog postings, Canada Emergency Wage Subsidy for Employers Impacted by COVID-19 fromMarch 30, Additional Details on the Canada Emergency Wage Subsidy for Employers Impacted by COVID-19 from April 1, and The Proposed Canada Emergency Wage Subsidy Takes Another Turn from April 8), but also includes notable clarifications and additions that enhance the ability of employers to access the CEWS.
The Proposed Canada Emergency Wage Subsidy Takes Another Turn
Blog / April 09, 2020
On April 8, 2020, the federal government disclosed updated eligibility and coverage information on its proposed Canada Emergency Wage Subsidy (CEWS), the preliminary details of which were introduced in announcements made on March 27, 2020, March 30, 2020, and April 1, 2020. The details of this program are continuing to evolve as the minority Liberal government consults with opposition parties on draft legislation that will need to be approved by Parliament in order to give the CEWS legal effect. Below is a summary of the details for the proposed CEWS as of April 8, 2020.
An Alternative to Layoffs—Federal Work Sharing Program Provides Potential Respite from COVID-19 Wage Crunch
Blog / April 07, 2020
As an alternative to engaging in layoffs or reducing work-weeks (which we discuss in Employer's Guide to COVID-19—Managing Issues of Pay), an employer may consider applying for relief under the existing Canadian Work Sharing program (some of the requirements of which have been modified during the current COVID-19 pandemic). In light of the prime minister's announcement on March 30, 2020, that the federal Wage Subsidy program is only available to businesses with a revenue decrease of at least 30 percent due to the COVID-19 pandemic, the Work Sharing program may be the most appropriate alternative for businesses that have not seen a 30% reduction in revenues or that do not otherwise qualify for the Wage Subsidy program. For employers that are currently closed under various provincial emergency orders closing non-essential workplaces and services, the Work Sharing program may be a measure that certain businesses can turn to in circumstances where employees are back at work, but the volume of work is not at normal levels.
Ontario Government Issues an Updated List of Essential Workplaces and Services During COVID-19 Emergency
Blog / April 04, 2020
As previously reported in our March 25, 2020 posting, in the circumstances of the current public health emergency caused by the spread of the novel coronavirus the Ontario Government issued a list of [...]
Additional Details on the Canada Emergency Wage Subsidy for Employers Impacted by COVID-19
Blog / April 02, 2020
On April 1, 2020, the federal government disclosed additional eligibility and coverage information on its proposed Canada Emergency Wage Subsidy (CEWS), the preliminary details of which were introduced in announcements made on March 27, 2020, and on March 30, 2020.
The Canada Emergency Response Benefit for Individuals Impacted by COVID-19—New Details Announced
Blog / April 02, 2020
On April 1, 2020, the Canadian government announced further details of the previously announced Canada Emergency Response Benefit (CERB), including updated information about how applicants can apply for benefits.
An Overview of the Canada Emergency Response Benefit in Respect of COVID-19 Employment Disruptions
Blog / March 26, 2020
On March 25, 2020, the Canadian government announced the creation of a temporary program called the Canada Emergency Response Benefit (CERB) to address the overwhelming number of Employment Insurance (EI) applications following upon the COVID-19 pandemic. The CERB is intended to be a simple and efficient mechanism to get benefits to individuals impacted by business and employment disruptions caused by the COVID-19 situation. The CERB will be available to both individuals who would normally be eligible for EI benefits, and to those who would not traditionally qualify, such as self-employed workers.
Ontario's Essential Workplaces Under the COVID-19 Emergency Order: Practical Information for Assessing Employer Obligations
Blog / March 24, 2020
The Ontario government has issued a list of categories of essential workplaces that are permitted to remain open, under the authority granted under the Emergency Management and Civil Protection Act (Ontario), as the province responds to the evolving COVID-19 outbreak. The order to close all non-essential workplaces went into effect at 11:59 p.m. on Tuesday March 24, and will remain in effect for at least 14 days, with the government intending to review whether the order should be extended beyond that date as it approaches.
Ontario Orders Closure of Non-Essential Workplaces
Blog / March 23, 2020
Ontario is ordering the mandatory closure of all non-essential workplaces to further contain the spread of the coronavirus that causes COVID-19. This closure will be effective as of Tuesday, March 24 [...]
Employer's Guide to COVID-19—Managing Issues of Pay
Blog / March 19, 2020
Businesses across Canada have been hard hit by the COVID-19 pandemic. With the Dow Jones having had its biggest point drop in history on March 16, and the TSX down by almost 10 percent, many businesses across industries have been left reeling from investor uncertainty arising from the current state of the economy, reduced customer demand (and therefore revenue), and increasing pressure to reduce operations to support efforts to increase social distancing among customers and employees alike.
An Employer's Guide to Responding to the COVID-19 Pandemic
Blog / March 13, 2020
The novel Coronavirus (COVID-19) was first reported in Wuhan, China, on December 31, 2019. Since then, COVID-19 dominates domestic and international news sources as the virus continues to spread globally.
Bennett Jones is Top-Tier in The Legal 500
Announcements / November 18, 2019
Bennett Jones has been recommended as a Top-Tier firm in 5 practice areas in The Legal 500 Canada 2020 guide.
Bill 66—More Changes to the Ontario Employment Standards Act, 2000
Blog / December 10, 2018
On December 6, 2018, the Ontario Government introduced Bill 66, titled Restoring Ontario’s Competitiveness Act, 2018 (Bill 66). Bill 66 would amend several provincial statutes, including the Ontario [...]
Bill 47 Implements Significant Changes to Ontario Employment Standards Legislation
Blog / December 04, 2018
Overview On October 23, the Ontario Government introduced Bill 47, Making Ontario Open for Business Act, 2018 (Bill 47). The stated purpose of the legislation is to remove “the worst burdens that [...]
Carl Cunningham in Benefits Canada on LTD Benefits
In The News / August 23, 2018
Carl Cunningham comments in Benefits Canada on an Ontario Superior Court ruling that is allowing a terminated employee to continue with an action for long-term disability benefits—despite signing a document that released such claims. Carl says while it’s a decision for employers to be aware of, it doesn’t represent a major shift in the law as it was a relatively unique scenario.
Increased Scrutiny of Worker Misclassification in Ontario
Blog / March 20, 2018
In November 2017, Ontario’s Bill 148, the Fair Workplaces, Better Jobs Act, 2017, received Royal Assent. While many changes to Ontario’s employment laws have already come into effect, others [...]
New “Equal Pay for Equal Work” Provisions in Ontario Limit Ability to Vary Employees’ Pay Based on Employment Status
Blog / January 16, 2018
On November 28, 2017, Ontario’s Bill 148, the Fair Workplaces, Better Jobs Act, 2017, received Royal Assent. While some major changes have already come into effect, others are just around the corner. This [...]
Raising the Bottom Line: Bill 148 Changes to Employee Compensation in Ontario
Blog / January 02, 2018
Overview On November 28, 2017, Ontario’s Bill 148, the Fair Workplaces, Better Jobs Act, 2017, received Royal Assent. Major changes are now on the horizon for all provincially-regulated workplaces [...]
Ontario Employers Take Note: Major Changes to Ontario’s Statutory Leaves of Absence Are Already Underway
Blog / December 06, 2017
On November 28, 2017, Ontario’s Bill 148, the Fair Workplaces, Better Jobs Act, 2017, received royal assent. What this means is that major changes are on the horizon for all provincially-regulated [...]
Courts Will Not Sever Defective Termination Provisions
Blog / October 25, 2017
“It is an error in law to merely void the offending portion and leave the rest of the termination clause to be enforced.” North v Metaswitch Networks Corporation, 2017 ONCA 790 [Metaswitch] [...]
Major Changes Are on the Horizon for Ontario Employers—Are You Ready?
Speaking Engagements / October 04, 2017
In June 2017, the Ontario government introduced Bill 148, the Fair Workplaces, Better Jobs Act, 2017. Bill 148 will make major changes to Ontario’s employment laws. It is important for all Ontario employers to be aware of these proposed changes and plan accordingly as it is highly anticipated that Bill 148 will become law as early as January 2018. Join Bennett Jones for a practical overview of what the proposed changes are, how they will impact your workplace and the steps you can take to ensure that you are well prepared for these changes.
Supreme Court Upholds Termination for Breach of Drug and Alcohol Policy
Blog / June 28, 2017
The Supreme Court of Canada’s decision in Stewart v. Elk Valley Coal Corp., 2017 SCC 30 is good news for employers. The Court upheld the prior decisions of the Alberta Court of Appeal and Alberta Human [...]
Public Mergers and Acquisitions in Canada
Guides / May 10, 2017
Canadian public merger and acquisition transactions in 2016 (in-bound and out-bound) comprised over C$400 billion in value with at least one-third of the transactions in Canada being fueled by foreign buyers. The second edition of the guide provides an overview of the current Canadian legal system for anyone contemplating a public merger and acquisition transaction in Canada. It describes, among other things, acquisition techniques, deal strategy and tactics, minority shareholder rights, directors' duties, regulatory approvals, cross-border considerations and tax and employment matters. The new edition of the guide is particularly timely in light of significant changes to Canada's take-over bid regime over 2016/2017.
2017 Federal Budget: Update for Employers
Updates / April 06, 2017
On March 22, the 2017 federal budget, Building a Strong Middle Class Through Innovation, was released. Among its myriad proposals, several anticipated changes related to families and leaves will affect employers, including amendments to the Employment Insurance Act and the Canada Labour Code. While the changes to the Canada Labour Code will be limited to federally regulated employers, all employers may be affected by changes to the Employment Insurance Act.
On Strict Terms: Wording of Termination Provision Not What the Employer Does Determines Enforceability
Blog / February 28, 2017
Highlighting the importance of using precise language in termination provisions of employment contracts, the Ontario Court of Appeal in Wood v Fred Deeley Imports Ltd., 2017 ONCA 158 [Wood] recently held [...]
Plain Language in Bonus Plan Prevails: No Employment, No Vesting, No Bonus
Blog / January 10, 2017
In positive news for employers, in Styles v Alberta Investment Management Corporation, 2017 ABCA 1 [Styles], the Alberta Court of Appeal (ABCA) affirmed that an employee who does not meet a clear and [...]
Bennett Jones Academy Series: Employment Services Update: What's New and What Employers Need to Know
Bennett Jones Academy Events / November 15, 2016
As an employer, you need to be informed of the latest developments in employment law. Please join the Bennett Jones Employment Services Group for a discussion of current issues for employers and how best to adapt to changes in law to reduce employer costs and litigation exposure.
2016 Bennett Jones Employment Symposium
Speaking Engagements / October 26, 2016
As an employer, you need to be informed of the latest developments in employment and labour law. Sound employee relations and reducing employer cost and litigation exposure is of paramount importance. This half-day symposium focuses on current issues for employers and how best to adapt to evolving trends.
Federally Regulated Employers Need Just Cause to Terminate Non-Union Employees
Blog / July 18, 2016
In an important decision (Wilson v Atomic Energy of Canada Limited) for federally regulated employers, the Supreme Court of Canada held that the "unjust dismissal" provisions in the Canada Labour Code [...]
Canadian Cannabis Business Conference
Speaking Engagements / May 26, 2016
Hugo Alves co-chairs the Canadian Institute's Canadian Cannabis Business Conference at the Hilton Toronto. Hugo, Carl Cunningham and Michael Lickver present sessions at the conference.
Directors' Duties in Canada, 6th ed.
Articles / April 06, 2016
Members of Bennett Jones were involved in the writing of various chapters of Directors' Duties in Canada, 6th ed., edited by Barry Reiter and published in Canada by CCH Canadian Limited, including Hugo Alves, Milos Barutciski, Melissa Birman, Stephen Burns, Carl Cunningham, Geoffrey Dyer, Len Griffiths, Bruce Hibbard, Mark Jewett, Martin Kratz, Jeff Leon, Brad Markel, Jesslyn Maurier, Murray Perelman, Raj Sahni, Susan Seller, Gary Solway, Bill Vass, and Claire Webster.
Bennett Jones Employment Symposium 2015
Speaking Engagements / October 07, 2015
Carl Cunningham, Matt MacDonald, John Gilmore, Christine Plante, Talia Bregman, Mariette Matos and Laura Inglis present the latest development in employment and labour law.
Ontario Employers Must Comply with New Poster Requirements
Blog / May 11, 2015
The Ontario Ministry of Labour recently released version 6.0 of the Employment Standards Poster, which outlines employees' minimum rights and employers' minimum obligations. With the release of this new [...]
The Supreme Court of Canada Clarifies Test for Constructive Dismissal
Blog / March 23, 2015
If an employer puts a non-unionized employee on an indefinite administrative suspension with full pay but without explaining why, can this amount to a constructive dismissal? Yes, according to the Supreme [...]
New "Stronger Workplaces" Act Increases Obligations for Ontario Employers
Blog / December 03, 2014
On November 20, 2014, Bill 18, the Stronger Workplaces for a Stronger Economy Act, 2014, received royal assent. This amends five employment and labour-related statutes in Ontario in an effort to protect [...]
Two Bennett Jones Partners Are 'Rising Stars'
Announcements / November 24, 2014
Bennett Jones partners Carl Cunningham and Michael Mysak were honoured as recipients of the 2014 "Top 40 Under 40" in the legal profession by Lexpert Magazine.
Court of Appeal Denies Certification in Another Misclassification Overtime Class Action
Blog / October 08, 2014
In the latest instalment in a series of recent employment class actions, the Court of Appeal for Ontario has dismissed an appeal by class action plaintiffs in Brown v Canadian Imperial Bank of Commerce. [...]
Medical Marijuana in the Workplace: What Employers Need to Know
Articles / July 23, 2014
The Marihuana for Medical Purposes Regulations that became effective on April 1, 2014, could substantially increase the number of Canadians who are using lawfully prescribed medical marijuana. As the number of prescribed users increases, the greater the likelihood that an employer will have one of its employees requesting to use medical marijuana in the workplace. The purpose of this update is to review some of the workplace issues that both employers and employees need to consider regarding the use of medical marijuana in the workplace. Originally published on the Bennett Jones Thought Network and re-published in the July 2014 edition (Number 406) of Canadian Employment Safety and Health Guide by Wolters Kluwer CCH.
Medical Marijuana in the Workplace: What Employers Need to Know
Blog / June 25, 2014
The Marihuana for Medical Purposes Regulations that became effective on April 1, 2014, could substantially increase the number of Canadians who are using lawfully prescribed medical marijuana. As the [...]
Carl Cunningham Discusses Medical Marijuana on The Bill Good Show
In The News / May 27, 2014
On the CKNW AM980 program, The Bill Good Show, Carl Cunningham discusses medical marijuana use by employees in the workplace.
Duty to Accommodate on Family Status Clarified in the Federal Sphere
Blog / May 21, 2014
The Federal Court of Appeal (FCA) recently confirmed that "family status" includes childcare obligations and provided clarity for employers on the test for whether the duty to accommodate has been met. [...]
Carl Cunningham Discusses Employers Accommodating Medical Marijuana Use
In The News / May 20, 2014
In Vito Pilieci's Ottawa Citizen article, "Return of the Smoking Room? Employers Grapple with Medicinal Marijuana Use," Carl Cunningham discusses accommodating medical marijuana use in the workplace.
Ontario's New Occupational Health and Safety Awareness and Training Regulation: Are You Compliant?
Blog / April 22, 2014
Beginning on July 1, 2014, employers in Ontario will have an added responsibility of ensuring that all workers and all supervisors in all workplaces that fall subject to the Ontario Occupational Health [...]
Unpaid Internships in Ontario - Are They a Thing of the Past?
Blog / March 31, 2014
On March 28, 2014, two popular Canadian-based magazines, The Walrus and Toronto Life, brought their unpaid internship programs abruptly to an end after Ontario's Ministry of Labour concluded that such [...]
Minimum Wage in Ontario will Rise to $11 per hour on June 1, 2014
Blog / January 31, 2014
On January 30, 2014, the Ontario government announced there will be an increase in the general minimum wage rate from $10.25 to $11 per hour effective June 1, 2014. This 75-cent boost will reflect the [...]
For The First Time, Ontario Superior Court Awards Human Rights Damages
Blog / October 04, 2013
In 2008, the Human Rights Code was amended to allow, amongst other things, civil claims for breaches of the Code. Though we often see plaintiffs alleging discrimination in the context of a wrongful dismissal [...]
Are Your Company's Termination Provisions Enforceable?
Blog / September 30, 2013
Two Ontario Superior Court decisions once again highlight the importance of precise and explicit wording in employment contracts, particularly in respect of termination clauses. The court concluded in [...]
The Duty to Accommodate Family Status (and Potentially Lifestyle Choices Too)
Blog / February 25, 2013
In an update last October (Accommodating Family Status “ Needs vs. Preferences) we advised you that the Ontario Human Rights Tribunal established a new test for an employer's duty to accommodate on the [...]
The Duty to Accommodate Family Status (and Potentially Lifestyle Choices Too)
Updates / February 25, 2013
In an update last October (Accommodating Family Status – Needs vs. Preferences) we advised you that the Ontario Human Rights Tribunal established a new test for an employer's duty to accommodate on the basis of family status (i.e., must accommodate an employee's genuine needs but not mere preferences). All employers, but especially federally regulated employers should take note that the Federal Court recently outlined an even more liberal and broad interpretation of the duty to accommodate on the basis of family status. The Federal Court confirmed in the decision of Attorney General of Canada v. Fiona Anna Johnstone and Canadian Human Rights Commission, 2013 FC 113, that parental childcare obligations fall within the scope of family status. In doing so, the court confirmed the central question as “whether or not the employment rule in question interfered with an employee's ability to fulfill substantial parental obligations in a realistic way”. Significantly, the court rejected the line of cases (Health Sciences Assoc. of B.C. v. Campbell River and North Island Transition Society) that held there must be a “serious interference” with a substantial family duty (including parental or elder care) for the employee to prove discrimination on basis of family status. As such, this decision opens the door to requiring accommodation of employee lifestyle choices. As a result of the Johnstone decision, employers should understand that while there is still some conflicting law on the applicable standard for accommodating family status, the law is clear that requests for accommodation on the basis of family status must be treated seriously. Published on the Bennett Jones Thought Network.
Accommodating Family Status – Needs vs. Preferences
Updates / October 30, 2012
A recent decision of the Ontario Human Rights Tribunal, Devaney v. ZRV Holdings Limited 2012 HRTO 1590, suggests if the employee's caregiving responsibilities are required, as opposed to a mere preference, the employer will have a duty to accommodate.
SCC Confirms Risks of Employee Privacy are Real and Manageable
Updates / October 25, 2012
In a widely anticipated decision on the issue of workplace privacy, the Supreme Court of Canada released reasons in R v Cole on October 19, 2012. The Supreme Court confirmed that, in circumstances where personal use is permitted or reasonably expected, employees can have a reasonable expectation of privacy in personal data stored on devices owned by their employer.1
Carl Cunningham in Financial Post
In The News / September 26, 2012
In the National Post article by Julius Melnitzer, "Cross-border Law No Place for Rookies", Carl Cunningham discusses whether the Canadian Hockey League Players Association would be recognized by the Canadian Hockey League as bargaining agents without certification in every team's province and with the U.S. National Labour Relations Board. “It's rare for employers to voluntarily recognize unions as bargaining agents without some kind of certification battle,” says Carl Cunningham.
BJU Substantive Series: Annual Employment Law Update - What's New and What You Need to Know
Bennett Jones Academy Events / May 03, 2012
Join Bennett Jones and our experienced panel for a discussion about current key areas which will affect HR professionals and in-house counsel who are involved in employee relations.
Accessibility for Ontarians with Disabilities Act: What You Need to Know Before January 1, 2012
Speaking Engagements / November 24, 2011
Join Bennett Jones and our experienced panel for a discussion of: the applicable accessibility standards; the deadlines for compliance; and the practical steps your business must take to comply with AODA.
When Contractors are Considered Employees
Updates / February 24, 2010
The decision in McKee v. Reid's Heritage Homes Ltd. sends a chilling message to employers who have long term relationships with independent contractors and believe therefore those contractors are not entitled to severance payments of any magnitude.
Carl Cunningham on Reducing Workweeks to Preserve Employment
In The News / June 01, 2009
In Employee Benefit News Canada, Andrea Davis's article, “Reduced Workweek Gains Traction; Four-day Workweek Seen as One Way to Preserve Employment,” the use of reduced workweeks as an option to layoffs is examined. Carl Cunningham mentions key points of concern and is quoted as saying, “Employment is a form of contract... You want to know if there's any written terms that would restrict the employer's ability to change the terms of the contract."
2009 Bennett Jones Employment Breakfast Seminar
Speaking Engagements / April 30, 2009
Members of Bennett Jones' Employment Services team hosted the firm's annual employment breakfast seminar at the offices of Bennett Jones Toronto. Susan Seller, Carl Cunningham and Ranjan Agarwal presented.
Are Your Company's Restrictive Covenants Clear and Reasonable?
Updates / March 20, 2009
Two recent significant decisions offer a reminder of the importance of ensuring that the restrictive covenants in your company's contracts are clear and reasonable.
Reducing Labour Costs in Tough Times
Updates / February 19, 2009
The credit crisis and the recent downturn in the economy means many businesses are facing an economic squeeze that leads them to look for ways to save money, including reducing labour costs. But no one wants to terminate valued employees. This update provides some practical suggestions that may reduce costs in respect of active employees and if it is necessary to terminate, we suggest certain cost minimization strategies.
Supreme Court Clarifies Post-Employment Duties
Updates / October 14, 2008
In a significant decision clarifying post-employment duties of departing employees, the Supreme Court of Canada held a former manager at RBC Dominion Securities' branch in Cranbrook, British Columbia, personally liable for almost $1.5 million in damages for coordinating the mass departure of RBC's investment advisors to join competitor Merrill Lynch.
Carl Cunningham Comments on Non-Compete versus Non-Solicit Clauses
In The News / July 04, 2008
Carl Cunningham is extensively quoted in "Softchoice and En Point exchange lawsuits," written by Jeff Jedras for ItWorld Canada. Carl comments on the rise of employee litigation around claims made against departing employees and/or new employers over breach of confidential information covenants.
Ready for Family Day in Ontario?
Updates / February 07, 2008
With Ontario's first Family Day on February 18, 2008, employers must decide how they will deal with this new statutory holiday and communicate their decision to employees and customers alike. Family Day falls on the third Monday of every February and is the ninth paid public holiday under the Employment Standards Act, 2000 (ESA).
Ontario Creates New Statutory Holiday - Family Day
Updates / November 01, 2007
One of the first acts of the re-elected Liberal government in Ontario was to create a new statutory holiday. Family Day falls on the third Monday of every February and is the ninth paid public holiday under the Employment Standards Act, 2000.
Employment Services Breakfast Seminar: Practical Strategies for Workplace Issues
Speaking Engagements / April 05, 2007
Mary Beth Currie, Partner, Frederick R. von Veh Q.C., Partner, Deron P. Waldock, Partner, Ranjan K. Agarwal, Associate, Carl Cunningham, Associate, and Sean Maxwell, Associate
Since Machtinger
Updates / February 28, 2007
Written for the Ontario Bar Association Continuing Legal Education program as part of the 6th Annual Current Issues in Employment Law: Developments in Supreme Court Doctrine.
Reforms To Ontario Human Rights Commission A Concern For Employers
Updates / December 14, 2006
The Act to Amend the Human Rights Code (the Act) passed its third reading on December 5, 2006. As a result of the Act, there will be significant changes to the way human rights complaints in Ontario are processed. Most significantly, there will no longer be an investigation by the commission prior to the hearing and complainants will have direct access to the Tribunal, so it will take less time for a complaint to get heard by the Tribunal.
Is Your Business Ready for the End of Mandatory Retirement in Ontario?
Updates / November 09, 2006
The Ending Mandatory Retirement Statute Law Amendment Act, 2005 comes into effect on December 12, 2006. Subject to some limited exceptions, as of December 12, 2006, provincially regulated employers in Ontario will not be able to use mandatory retirement policies to terminate the employment of older workers.
Bill Ending Mandatory Retirement in Ontario Passes Third Reading
Updates / December 06, 2005
On December 8, 2005, Bill 211, the Ending Mandatory Retirement Statute Law Amendment Act, 2005 passed its third reading in the Legislative Assembly of Ontario. Subject to some limited exceptions, as of December 12, 2006, provincially regulated employers in Ontario will no longer be able to use mandatory retirement policies to terminate the employment of older workers. There is a one year transition period before the bill comes into effect on December 12, 2006.