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Global Guide Quarterly
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July 19, 2021

Littler Global Guide - Canada - Q2 2021

Quarterly employment law updates from Canada

Insight
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July 14, 2021

Ontario, Canada Arbitrator Upholds Employer’s Compulsory Rapid COVID-19 Testing Policy

An arbitrator in Ontario recently decided that when the intrusiveness of an employer’s compulsory Rapid COVID-19 Antigen Screening Program was weighed against the objective of preventing the spread of COVID-19, the policy was reasonable.

ASAP
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July 12, 2021

Ontario, Canada Moving to Step Three of its Roadmap to Reopen Ahead of Schedule

Ontario announced that with improvements in key indicators relating to public health and health care, and the provincewide vaccination rate surpassing targets, it will be moving all Ontario regional health units to Stage Three of its Roadmap to Reopen.

Insight
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July 8, 2021

Ontario, Canada Court of Appeal Clarifies Relationship Between Common Employer Doctrine and Concept of Corporate Separateness

In O’Reilly v. ClearMRI Solutions Ltd., 2021 ONCA 385, the Ontario Court of Appeal decided that the motion judge erred in concluding that a majority shareholder of an employee’s contractual employer was its common employer.

ASAP
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June 28, 2021

Ontario, Canada Moving to Step Two of its Roadmap to Reopen Ahead of Schedule

On June 24, 2021, Ontario announced that with improvements in key indicators relating to public health and health care, and the provincewide vaccination rate surpassing targets, it will be moving to Step Two of its Roadmap to Reopen ahead of schedule.

Insight
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June 28, 2021

Ontario, Canada Court Reduces Reasonable Notice Period Due to the Employee’s Failure to Take Reasonable Steps to Mitigate Damages

In a wrongful dismissal claim in Ontario, it is up to the employer to prove that employees failed to mitigate their damages and that had they taken reasonable steps to do so, they would have likely obtained equivalent or reasonable employment.

ASAP
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June 28, 2021

Ontario, Canada Court Decides Employer’s Liability for Severance Depends on Size of its Global Payroll

A recent decision in Ontario establishes that global employment is factored into the calculation of an employer’s payroll under s. 64 of the Employment Standards Act, 2000 (ESA); the calculation is not restricted to employment in Ontario.

Insight
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June 24, 2021

Alberta Court of Appeal Confirms Complainants Need Not Prove Reasonable Efforts to Self-accommodate to Establish Family Status Discrimination

The Alberta Court of Appeal recently confirmed that the applicable test for establishing family status discrimination in Alberta is the test established in Moore v. British Columbia (Education), which applies to other enumerated grounds of discrimination.

Insight
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June 21, 2021

Ontario, Canada Court of Appeal Upholds Jury’s $150,000 Punitive Damage Award Against Employer

In a recent case, the Ontario Court of Appeal upheld a jury’s $150,000 punitive damage award against an employer, where inadequate training and a supervisor's misconduct evidenced a company culture that did not sufficiently stress safety practices.

ASAP
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June 16, 2021

Canada Introduces New Federal Holiday Commencing September 30, 2021: National Day for Truth and Reconciliation

On June 3, 2021, the federal government’s Bill C-5, An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation) received Royal Assent.

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