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Employers and Companies Have 6 Months left to Ensure Compliance with No-Poach and Wage-Fixing Amendments
December 12, 2022

On June 23, 2023, new Competition Act amendments will come into effect. Of significance to employers and companies are the amendments under s. 45(1) which now criminally punish wage-fixing and no-poach clauses in contracts between unaffiliated employers.

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What Employers Need to Know: Written Policy on Electronic Monitoring of Employees
August 15, 2022

Pursuant to Section 41.1.1 of the Employment Standards Act, 2000 (“ESA”), employers with 25 or more employees are now required to have a written policy on the electronic monitoring of employees by October 11, 2022.

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The (In)Significance of Ontario’s Prohibition on Non-Competes
August 15, 2022

In October 2021, the Government of Ontario ushered in several changes to the Employment Standards Act, 2000 (“ESA”), one of which was the prohibition of non-competition clauses. Ontario was the first province in Canada to do so.

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An Employer's Survival Guide: The Great Resignation
July 11, 2022

With Canada Day just around the corner, it is a timely reminder for employers to ensure they are complying with their obligations surrounding public (statutory) holidays.

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What Employers Need to Know: Public (Statutory) Holidays
June 27,2022

With Canada Day just around the corner, it is a timely reminder for employers to ensure they are complying with their obligations surrounding public (statutory) holidays.

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Buying or Selling a Business in Ontario? Don’t Forget About the Employees
October 15, 2021

During any business acquisition, lawyers routinely advise clients on the relevant legal, tax, and business considerations

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Bonus Termination Provisions Can Be Enforceable Against Employees Even When Employees Do Not Read Them
November 3, 2021

Over the past several years, there have been a wave of decisions from the courts which make it increasingly more difficult for employers to remove employees’ entitlements...

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Ontario Court of Appeal Takes a Strong Stance on Workplace Harassment
November 3, 2021

With Canada Day just around the corner, it is a timely reminder for employers to ensure they are complying with their obligations surrounding public (statutory) holidays.

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ONTARIO EXTENDS ESA COVID-19 PERIODS IDEL COVID-19 Period Extended Again until January 1, 2022
September 20, 2021

The Ontario Government has once again extended the application of O.Reg 228/20, Infectious Disease Emergency Leave (“IDEL Regulation” or “Regulation”) until January 1, 2022.

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Returning to Work: A Guide for Employers
June 21, 2021

As of June 11, Ontario has moved into “Step 1” of the provincial government’s reopening plan. As we move out of lockdown and toward reopening, employers should be aware of some constraints on whether and how they are allowed to operate their businesses, as well as what they are able to ask of their employees.

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Good News for Employers: IDEL COVID-19 Period Extended and Court Finds Placing Employee on IDEL was not a Constructive Dismissal
June 10, 2021

Ontario employers will welcome two recent developments pertaining to an employer’s ability to manage its workforce during the COVID-19 pandemic.

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Withholding Contractual Entitlements Upon Termination Pending a Signed Release Can Repudiate the Employment Agreement
May 18, 2021

The Ontario courts continue to scrutinize both the drafting and application of termination provisions by employers.

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Unliterally Placing an Employee on an Infectious Disease Emergency Leave can be a Constructive Dismissal at Common Law
April 30, 2021

An Ontario Court has now confirmed that unilaterally placing an employee on an Infectious Disease Emergency Leave (“IDEL”) can amount to a constructive dismissal at common law.

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COVID-19 can Favour an Enhanced Notice Period, but only with Supporting Evidence
April 30, 2021

During the COVID-19 pandemic, much has been written about the impact of COVID-19 on the reasonable notice period. Many have asserted that it is more difficult for a terminated employee to find new employment during the pandemic, and that as a result, they should be entitled to an enhanced reasonable notice period.

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The Courts’ Role in Ensuring COVID-19 Lockdown Restrictions Minimally Impair Constitutionally Protected Rights
January 3, 2021

In December of 2020, Brauti Thorning’s Michael Lacy, and Lawrence Gridin brought an application for interlocutory injunction on behalf of the Toronto International Celebration Church seeking an exemption from the government restriction on religious worship during the grey-lockdown, which prohibited church gatherings of more than 10 people regardless of the size of the place of worship.

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Employment Update - Minimum Wage Increases, COVID Screening, CEWS Extended, and Increases to EI
October 2, 2020

The past two weeks saw four important legislative developments that will affect employers and employees throughout Ontario from the Governments of Canada and Ontario.

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Covid-19 Update - ESA Layoffs Suspended and New Response Benefits Introduced

Over the past week, two major changes occurred concerning the COVID-19 response from the Governments of Canada and Ontario.

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Updates to the Canada Emergency Wage Subsidy and the End of Ontario’s Declared Emergency

Over the past week, two major changes occurred concerning the COVID-19 response from the Governments of Canada and Ontario.

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Ontario Employment Contract Termination Provisions Under More Scrutiny to Protect Employee’s Interests

Employers may now need to revise and re-write their employment contracts to ensure enforceability. 

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Updates on Canada and Ontario’s COVID-19 Responses

As businesses reopen across Ontario, both the Government of Canada and the Government of Ontario continue to adjust their responses to the COVID-19 pandemic. The following update summarizes the current state of these initiatives as of July 5, 2020. We will continue to provide periodic summaries of these programs as major developments occur. 

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Changes to Layoffs and Constructive Dismissals During COVID -19
June 1, 2020

Late Friday afternoon, the government of Ontario enacted Regulation 228/20 (the “Regulation”). The Regulation applies only to non-unionized employees and, among other things, modifies the layoff and constructive dismissal sections of the Employment Standards Act, 2000 (“ESA”). It will have far-reaching effects for employers and employees during the coronavirus pandemic. 

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Returning Employees to Work Post-COVID
May 19, 2020

As the spread of COVID-19 slows down, the Ontario government is gradually beginning to permit workplaces to re-open. With the COVID-19 crisis being far from over, employers are grappling with a new set of challenges as they begin re-introducing employees to the workplace. We have highlighted key considerations for employers as they prepare to re-open.

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COVID-19 and the Ontario Human Rights Code
May 19, 2020

As employers across Ontario take steps to adapt to the significant disruptions COVID-19 has caused to normal work-life, it is important that they do not forget about their obligations under the Ontario Human Rights Code (the “Code”).

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Bulletin Letter April 29
April 29, 2020

BT Legal's Covid-19 Bulletin Updated to April 29, 2020.

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Employment Insurance Work-Sharing Benefits During COVID-19
April 24, 2020

As the COVID-19 crisis continues, employers continue to grapple with difficult staffing decisions that come with a slowdown in business. The Federal Work-Sharing program (“Program”), which is designed specifically for the types of circumstances that COVID-19 has created, offers a potential solution for employers.

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Bulletin Letter - April 23
April 23, 2020

BT Legal's Covid-19 Bulletin Updated to April 23, 2020.

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Bulletin Letter - April 14
April 14, 2020

BT Legal's Covid-19 Bulletin Updated to April 14, 2020.

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Personal Liability of Directors During COVID-19
April 14, 2020

The federal government has launched a number of initiatives in the past few weeks aimed at helping businesses weather the economic effects of COVID-19. While these initiatives offer short-term solutions, companies will still be required to pay most of the amounts currently being loaned or deferred. 

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Updates and Revisions to the Canada Emergency Wage Subsidy
April 14, 2020

On April 11, 2020, Parliament debated and passed into law the COVID-19 Emergency Response Act, No. 2, which implements the federal government’s Canada Emergency Wage Subsidy (“CEWS”). The CEWS that ultimately passed was different than that announced by the federal government on March 27, 2020. 

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Bulletin Letter - April 6
April 6, 2020

BT Legal's Covid-19 Bulletin Updated to April 6, 2020.

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Canada Emergency Response Benefit Update and FAQ
April 6, 2020

As of April, 6, 2020, workers can apply for the new Canada Emergency Response Benefit (“CERB”). The following update sets out what CERB is, how employees can apply, and how it may affect the federal government’s other employment benefit initiatives, such as the Canada Emergency Wage Subsidy.

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Updates on the Canada Emergency Wage Subsidy
April 2, 2020

The Government of Canada has released details on its Canada Emergency Wage Subsidy (“CEWS”). CEWS is a 75% wage subsidy being offered to all businesses that have lost 30% of their revenue as a result of the coronavirus pandemic.

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COVID-19’s Effect on Reasonable Notice of Termination
March 31 2020

Businesses across Ontario are struggling as the effects of COVID-19 become ever more acute. Governments have ordered certain businesses to close and still more are shutting down as a result of the sharp economic decline. In response, many employers have begun widespread and potentially long-lasting layoffs.

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Bulletin Letter
March 25, 2020

The COVID-19 pandemic is changing the economy and the legal landscape on an hourly basis. Businesses are being forced to respond just as quickly. Many decisions made today will affect a business’s survival tomorrow. We understand that staying up to date and navigating your business’s legal obligations is not just more important than ever before, but also more difficult. We are committed to helping you work through these unprecedented times. 

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Are Layoffs The Right Response To Covid-19?
March 25, 2020

Businesses across Ontario are struggling as the effects of COVID-19 become ever more acute. Governments have ordered certain businesses to close and still more are shutting down as a result of the sharp economic decline. In response, many employers have begun widespread and potentially long-lasting layoffs.

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