Under the Ontario Employment Standards Act (“ESA”), employers with a payroll of at least $2.5 million are required to provide statutory severance pay when dismissing an employee with 5 or more years of service. But how is an employer’s “payroll” actually calculated?

Over the years, there have been conflicting decisions around the calculation of the

On July 9, 2021, the Ontario government announced that the province will enter Step Three of the Roadmap to Reopen on Friday, July 16, 2021, five days earlier than expected. Under Step Three, the following is permitted to operate:

  • indoor dining with no limits on the number of patrons per table with physical distancing and

On June 24, 2021, the Ontario government announced that the province will enter Step Two of the Roadmap to Reopen two days earlier than expected, at 12:01 a.m. on Wednesday, June 30, 2021. Under Step Two, the following is permitted to operate:

  • essential and other select retail at 50% capacity;
  • non-essential retail at 25% capacity;

On June 7, 2021, the Government of Ontario filed amendments to several Regulations made under the Occupational Health and Safety Act (“OHSA”). The majority of the amendments relate to the reporting of workplace accidents.

Employers in Ontario should review their current incident reporting policies and procedures regarding critical injury or fatalities in the workplace to

On June 4, 2021, the Ontario Government announced that the “COVID-19 Period” and the temporary measures introduced by O. Reg. 228/20: Infectious Disease Emergency Leave (the “Regulation”) under the Employment Standards Act, 2000 (the “ESA”) have been extended until September 25, 2021.

The Regulation, which was first introduced in May 2020,

In a recent decision, the British Columbia Supreme Court (“BC Court“) ruled that Canada Emergency Response Benefit (“CERB”) payments earned during the notice period would be deducted from wrongful dismissal damages. This decision stands in stark contrast to that recently issued in Ontario, where the Superior Court of Justice (“Ontario Court“)

To ensure Ontario employers are up-to-date, we outline two new developments affecting businesses operating during the COVID-19 pandemic below, including:

  • the implementation of enhanced COVID-19 outbreak protocols for workplaces in the City of Toronto; and
  • revisions to the COVID-19 screening tool required for Ontario employees.


Continue Reading COVID-19 Update: Ontario Screening Requirements & Toronto Workplace Outbreak Protocols

This is an update to our recent blog post summarizing Ontario’s required COVID-19 workplace screening tool for businesses.

To recap, the Ontario Government requires most Ontario businesses and organizations to implement particular workplace screening questions, requiring workers and essential visitors to complete a medical questionnaire before entering the workplace each day. These requirements have been established under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.

Ontario recently updated the workplace screening questions for businesses. You can find the updated questions here. The new version of the screening tool can be completed either online or on-site before the worker enters the workplace.
Continue Reading Ontario Revises COVID-19 Workplace Screening Requirements for Businesses

On January 12, 2021, the Government of Ontario declared a second state of emergency under the Emergency Management and Civil Protection Act in response to the COVID-19 pandemic. At the same time, the government issued a province-wide Stay-at-Home Order and amended O. Reg. 82/20: Rules for Areas in Stage 1 (“Stage 1 Rules”) to introduce stricter lockdown measures starting January 14, 2021.
Continue Reading Ontario Declares Second State of Emergency and Announces New Public Health Restrictions

Last week, the Ontario government passed its latest budget bill, Bill 229: Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 (“Bill 229”). Bill 229 implements initiatives contained in Ontario’s 2020 budget through amendments to existing statutes.

Amendments to key employment statutes include:

Protecting a Sustainable Public Sector for Future Generations Act, 2019:

Bill