Workplace Safety and Insurance

On April 29, 2021, the Ontario government passed Bill 284, COVID-19 Putting Workers First Act, 2021 amending the Employment Standards Act, 2000 (the “ESA”) to require employers to provide employees with up to three days of paid leave if they miss work for reasons related to COVID-19. The entitlement is retroactive to April 19, 2021 and will end on September 25, 2021, with the possibility that it might be extended.
Continue Reading Paid Sick Leave in Ontario for Reasons Related to COVID-19

Recent polling suggests that the June 7th Ontario election is a hotly contested race with the NDP currently holding a lead in the polls and the PCs in second place. We are closely monitoring the election developments to keep you informed as to what a new government will mean for Ontario employers.

Below we outline the NDP’s proposed reforms to employment and labour laws. If pursued, the NDP’s proposed initiatives set out in their platform will significantly impact employers and go well beyond the changes recently introduced by the Ontario government under Bill 148.
Continue Reading Another Orange Crush? What to Expect from an NDP Government

Most employers pay premiums under Ontario’s Workplace Safety and Insurance Act, 1997 (the “WSIA”), providing workers who suffer injury or death in the course of employment with “no fault” insurance benefits.  When workplace injuries occur that are covered by WSIA benefits, workers must claim through the WSIA’s insurance plan, and are “barred” from pursuing a civil claim against their employer.

But when are mental stress claims covered?  And when must an employee claim for mental stress under the WSIA instead of filing a civil claim?
Continue Reading Mental Stress and the WSIA: Constitutionality and the “Statutory Bar”