Category: Employment & Labour

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Quebec Court of Appeal Weighs in on Defences Available to Directors in Unpaid Wages Lawsuit

April 11, 2019

The Quebec Court of Appeal (Court of Appeal) recently addressed the timely and important issue of the scope of the defences available to corporate directors being sued under section 119(2) of the Canada Business Corporations Act (CBCA) in relation to unpaid wages. In Desgagné c. Commission des normes, de l’équité, de la santé et de la sécurité du travail (available…

Working (More Than) 9 to 5: Changes to Ontario Overtime Rules Now in Force

April 4, 2019

Bill 66, Restoring Ontario’s Competitiveness Act, 2018, has received royal assent and is now law. The introduction of Bill 66 was the subject of our December 2018 Blakes Bulletin: Ontario Looks to Roll out More Changes to Workplace Legislation with Bill 66. Below is an overview of the changes that Bill 66 makes to the Employment Standards Act, 2000 (ESA). Eliminating…

Class Action Climate in Canada: Recent Developments and Emerging Trends

January 30, 2019

Join leading lawyers from Blakes for an interactive discussion that will span a cross-section of recent developments and hot-button topics such as: Emerging class action risks National and multijurisdictional class actions Cybersecurity and data breaches Employment, competition and securities class actions Settlement structures and considerations Following the seminar, we invite you to join us for cocktails and networking. Mandatory Continuing…

Court of Appeal for Ontario Invalidates Foreign Arbitration Clause in Standard Form Contract

January 8, 2019

The Ontario Court of Appeal (Court) has unanimously overturned the lower court’s decision in Heller v. Uber Technologies et al. that stayed a proposed class action against Uber Technologies Ltd. (and related companies, together, Uber) on the basis of a mandatory foreign arbitration clause in the driver’s services agreement. Undertaking a contextual analysis, the Court concluded that the foreign arbitration…

Ontario Looks to Roll out More Changes to Workplace Legislation with Bill 66

December 11, 2018

On December 6, 2018, the Ontario government introduced Bill 66, Restoring Ontario’s Competitiveness Act, 2018 (Bill 66). Bill 66 proposes changes to, among other things, Ontario’s Employment Standards Act, 2000 (ESA). Bill 66 follows Bill 47, Making Ontario Open for Business Act, 2018, which received royal assent on November 21, 2018 and will bring about significant changes to Ontario’s labour…

Quebec’s Act respecting labour standards: Winds of Change as the New Year Approaches

December 10, 2018

January 1, 2019 marks the coming into force of new amendments to Quebec’s Act respecting labour standards (Act). The Quebec National Assembly adopted Bill 176, An Act to amend the Act respecting labour standards and other legislative provisions mainly to facilitate family-work balance (Bill 176) in June 2018. Bill 176 was assented to the same day, and several changes came into effect…

Quebec Court of Appeal’s Analysis on Untimely Resignations and the Duty of Loyalty of Employees

December 5, 2018

The Quebec Court of Appeal (Court) has established that employees who terminate their employment relationship without notice may work for a competitor without necessarily violating their duty of loyalty. However, resigning employees still have the obligation to make reparation for harm caused by their failure to provide notice, the Court ruled. The Civil Code of Quebec stipulates that, pursuant to…

Ontario Passes Bill 47, Making Ontario Open for Business Act, 2018

November 23, 2018

On November 21, 2018, the Ontario government passed the Making Ontario Open for Business Act, 2018 (Bill 47), which introduces significant changes to Ontario’s Employment Standards Act, 2000 (ESA), Labour Relations Act, 1995 and the Ontario College of Trades and Apprenticeship Act, 2009. As discussed in our October 2018 Blakes Bulletin: Ontario Looks to Roll Out Major Changes to Labour…

Pay Transparency in Ontario Delayed… or Dead?

November 16, 2018

On November 15, 2018, the Ontario government introduced Bill 57, Restoring Trust, Transparency and Accountability Act, 2018 (Bill 57) in the Ontario legislature. Bill 57 proposes to amend a significant number of Ontario’s statutes, including the Pay Transparency Act, 2018, which was scheduled to come into effect on January 1, 2019.  If passed, Bill 57 would change the commencement date…

Canada Looks to Close Gender Pay Gap, Introduces Pay Equity Legislation for Federal Employers

October 31, 2018

On October 29, 2018, the Government of Canada introduced Bill C-86, Budget Implementation Act, 2018, No. 2 (Bill C-86) in the House of Commons, which proposes new pay equity legislation, the Pay Equity Act (Act). If passed, the Act will apply to federally regulated employers with 10 or more employees. The Act’s intended purpose is to “establish a proactive process…

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