Employment standards — Ontario Employment Law

P. v. Zenova Group PLC

P. v. Zenova: Employment Status & Jurisdiction Appeal

This is an appeal from a motion judge's decision regarding employment status and jurisdiction. The Court of Appeal found that the appellant was an employee under the Employment Standards Act, 2000, rendering the forum selection clause void, and established that Ontario had jurisdiction over the dispute.

2469695 Ontario Inc. v. M.

Judicial Review: Unpaid Wages & Employment Status

This is a judicial review of an Ontario Labour Relations Board decision that upheld orders for unpaid wages issued by an employment standards officer. The Divisional Court applied the Vavilov framework to determine whether the Board's decision regarding the respondents' employment status was reasonable, assessing the Board's reliance on documentary evidence and whether procedural fairness was breached despite allegations of witness coaching.

C. v. Medcan Health Management Inc.

ESA Class Action: Vacation & Holiday Pay Compliance

This is a class action proceeding addressing whether the defendant maintained a reasonable system to ensure proper payment of statutory vacation and public holiday pay under the Employment Standards Act, 2000. The court is determining common issues related to ESA compliance, breach of employment contracts, and the scope of discovery and document production relevant to these statutory obligations.

D. v. Transasian Fine Cars Ltd.

ESA Termination & Severance: Frustration of Contract

This is an interlocutory application concerning the calculation of termination pay and severance pay under the Employment Standards Act, 2000, following a frustration of contract due to disability. The court addressed whether 'regular wages' for these statutory entitlements should be based on pre-injury earnings or the accommodated reduced-rate earnings from the last 12 weeks worked. The application was dismissed, with the court applying a plain reading of the statute and precedent from Hoekstra v. Rehability to calculate payments based on the last 12 weeks worked.

In the Matter of the Companies’ Creditors Arrangement Act and a Plan of Compromise or Arrangement of 14487893 Canada Inc.

A contractual dispute involving the interpretation of insurance exclusion clauses and the Employment Standards Act.

Ontario (Ministry of Labour, Immigration, Training and Skills Development) v. A & L Hammer Workforce Management Inc.

Employment Standards: Continuing Offences & Limitation Periods

This is a procedural ruling in a prosecution brought by the Ministry of Labour against an employer for failing to comply with orders under the Employment Standards Act and the Employment Protection for Foreign Nationals Act. The court addressed whether the charges were barred by limitation periods, determining that the offences were continuing and that the application to quash the charges should be heard on its merits despite being brought late.

A. & F. Di Carlo Construction Inc. v. S.

Judicial Review: OLRB Wage Order

The Divisional Court reviewed an employer's application for judicial review of an Ontario Labour Relations Board order directing the payment of wages. The Board had found that the employer was liable for standby pay owed to an employee who declined a call-in, and the Court considered the Board's findings of fact and credibility.

2517906 Ontario Inc. (o/a Temporary Personnel Solutions) v. Ontario (Director of Employment Standards)

Judicial Review: Employment Standards Appeal Process

This is a judicial review application concerning the appropriateness of bypassing the statutory appeal process under the Employment Standards Act, 2000. The applicant, a temporary staffing agency, sought to challenge Employment Standards Orders without first paying amounts into trust as required by section 116, arguing impecuniosity and procedural unfairness. The Divisional Court held that judicial review was inappropriate because the statutory appeal process provides an accessible and expeditious remedy, and the applicant failed to meet the high evidentiary threshold for impecuniosity.

Ontario (Ministry of Labour, Immigration, Training and Skills Development) v. A & L Hammer Workforce Management Inc.

A regulatory prosecution of a corporation and its director for 18 counts of failing to comply with orders to pay wages and recruitment fees under the Employment Standards Act and the Employment Protection for Foreign Nationals Act. The court addressed whether the defendants failed to comply with orders, the applicability of the due diligence defence, and whether evidence established that the corporation continued operations despite claims of business closure.

W. v. Lyft

W. v. Lyft: Arbitration Stay for Employment Misclassification

This is an interlocutory motion concerning a class action where the plaintiff alleged that Lyft drivers were employees under the Employment Standards Act, 2000. The defendant sought a stay of the class action in favor of arbitration, arguing the arbitration agreement was enforceable. The court granted the stay, finding the arbitration provisions were accessible, not unconscionable, and did not unlawfully contract out of statutory rights.

B. v. L.-C.

This is a judicial review proceeding concerning an Employment Standards Officer's decision and an application for an extension of time. The Divisional Court dismissed the motion for extension of time due to unexplained delay and declined to grant relief on the merits, finding the employer's finding supported by the record and the ESA appeal process an adequate alternative remedy.

2517906 Ontario Inc. v. Ontario Labour Relations Board

Judicial Review: Temporary Help Agency Employer Status

This is a judicial review of an Ontario Labour Relations Board decision determining the employer status of workers in a temporary help agency arrangement. The Divisional Court applied the Vavilov framework to assess the reasonableness of the Board's finding that the applicant was the employer under the Employment Standards Act, 2000. The Court emphasized the legislative purpose of protecting vulnerable workers and considered the argument that the Board erred by disregarding common law principles.

2110120 Ontario Inc. v. B.

Anti-SLAPP: Truck Drivers Wage Dispute

This is an appeal from a procedural ruling on an anti-SLAPP motion brought by an employer against former truck drivers who alleged unpaid wages and misclassification as independent contractors. The drivers had made public statements and engaged in protests regarding these labour practices, leading to defamation claims by the employer. The Court of Appeal addressed whether these expressions were protected as matters of public interest under the Anti-SLAPP legislation and determined the costs associated with the motion.

S.-S. v. Pet Social

Unpaid Wages & Overtime: Employment Standards Award

This is a merits decision regarding an employment standards dispute where the plaintiff alleged she was an employee entitled to unpaid wages, overtime, and vacation pay. The court found that an employment relationship existed and awarded damages for the statutory entitlements, while dismissing alternative claims for unjust enrichment, constructive trust, and aggravated damages due to lack of evidence or legal basis.

Director of Employment Standards v Sleep Country Canada

Judicial Review: Overtime Pay for Commissioned Salespersons

This is a judicial review proceeding concerning the Ontario Labour Relations Board's interpretation of the Employment Standards Act, 2000, regarding overtime pay for commissioned salespersons. The Divisional Court examined whether the Board's interpretation of the 'regular rate' and its approach to reconciling overpayments and underpayments were reasonable under the Vavilov framework. The Court found the Board's decision unreasonable and remitted the matter for recalculation.

DCL Corporation

This is a statutory interpretation case concerning the Wage Earner Protection Program Act (WEPP) in the context of a company's winding-up. The court addressed the construction of section 3.2 of the WEPP Act regarding employee claims during insolvency proceedings.

S. v. RBC Insurance Agency Ltd.

Class Action: Employment Standards & Variable Compensation

This is a certification motion for a proposed class action against insurance agencies alleging non-compliance with employment standards legislation. The central issue is whether the defendants' compensation policy properly calculated vacation and public holiday pay on variable compensation. The court granted certification subject to modifications, addressing issues of limitation periods, representative plaintiff adequacy, and the feasibility of aggregate damages.

S. v. Diamond Estates Wines & Spirits Ltd. et. al.

This case involves a dispute over employment benefits, specifically concerning the calculation or entitlement of benefits over a period of weeks. The court addressed whether benefits were incorrectly calculated or maintained, providing clarification on the applicable standards.

M. v. Minister of Labour (Ontario)

Judicial Review of Reprisal Complaint Dismissal

This is a judicial review proceeding concerning the reasonableness of the Ontario Labour Relations Board's decision to dismiss reprisal complaints filed by an employee under the Employment Standards Act, 2000 and Occupational Health and Safety Act. The applicant alleged that their termination was a reprisal for exercising statutory rights regarding personal emergency leave, while the Board found the termination was due to poor performance. The Divisional Court reviewed the Board's decision, dismissing allegations of bias as unfounded and upholding the exclusion of evidence as reasonable and fair.

. C. v Cura-Can Health Corp.

Unpaid Wages & Vacation Pay: ESA Limitation Periods

This is an employment standards dispute concerning unpaid wages and vacation pay brought under the Employment Standards Act, 2000. The case addresses the application of limitation periods to such statutory claims.