Recently, the Ontario Government amended Ontario Regulation 364/20 under the Reopening Ontario (A Response to COVID-19) Act, 2020. Among other things, the amendments require businesses and organizations to comply with any advice, recommendations and instructions issued by the Ministry of Health on screening for COVID-19, including the use of a…
Congratulations to Pat Santini on his recent appointment as Chair of the American College of Trial Lawyers, Ontario Province Committee. The American College of Trial Lawyers is an invitation only fellowship of exceptional trial lawyers of diverse backgrounds from the United States and Canada. The College, and its Provincial Committees,…
On September 3, 2020, the Ontario government announced further amendments to extend the maximum periods of temporary layoffs to January 2, 2021, before they could be deemed to be terminations under the Employment Standards Act, 2000. As you were likely already aware, September 4th was the date on which employers…
On July 24, 2020, Ontario revoked the emergency order that suspended the temporary lay off clock and deemed employees to be on infectious disease emergency leave (see Ontario Regulation 228/20). This means that for employees who saw wages or hours reduced due to the pandemic, the regular rules for temporary…
A recent Ontario Court of Appeal decision illustrates the importance of carefully scrutinizing all provisions in an employment agreement to ensure that they comply with the Employment Standards Act, 2000 (the ESA) as a whole. In Waksdale v. Swegon North America Inc., 2020 ONCA 391, the Ontario Court of Appeal…
With much of Ontario continuing to reopen, many organizations have begun considering their mitigation strategies to protect both the organization and its employees from liability arising from the transmission of COVID-19. One common mitigation strategy at the forefront is the use of waivers of liability. Interestingly, many jurisdictions have begun…
Kelly Santini was successful in the recent decision of S.S. v Allstate, 2020 ONLAT 19-005491/AABS. S.S. was involved in a motor vehicle accident on August 22, 2014 and sought benefits pursuant to the SABS. In June 2019, S.S. brought a Licence Appeal Tribunal (LAT) application for a declaration that his…
As of March 17th, 2020, the operations of the Ontario Superior Court have been suspended indefinitely. However, the court expects that procedural timelines will still be met and that documents will continue to be produced and that cases will proceed through virtual means to complete examinations for discovery, mediations, pre-trials,…