Redesigned Canada Emergency Wage Subsidy: What Employers Need to Know

On 27 July 2020 Bill C-20, An Act respecting further COVID-19 measures, received Royal Assent. Bill C-20 significantly redesigns the Canada Emergency Wage Subsidy (CEWS) program, implements a one-time payment of up to $600 to persons with disabilities, suspends limitation periods in civil litigation, and empowers Federal Ministers to extend or suspend select regulatory time limits. While the amendments imposed by Bill C-20 are far-reaching, this particular update focuses on the amendments to the CEWS program. » Read More

Canada: Ontario's Declared Emergency Ends: Implications for Employers

Bill 195, Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 ("Bill 195") was proclaimed into force on 24 July 2020; the same day on which the provincial declaration of emergency established under O. Reg. 50/20 came to an end. Under Bill 195, the Ontario Government is able to amend, extend, or revoke orders made under the Emergency Management and Civil Protection Act ("ELEGA"), even though the provincial declaration of emergency has expired. The Government has exercised its authority under Bill 195 to extend various orders, including those relating to labour redeployment in long-term care and retirement homes, stages of reopening, compliance with public health advice, and public gatherings. » Read More

Court of Appeal for Ontario Restates the Common Law of Reasonable Notice Following a Sale of Business

In Manthadi v ASCO Manufacturing, the Ontario Court of Appeal clarified how a sale of business affects the assessment of common law reasonable notice when an employee is dismissed by a successor employer. In particular, the Court confirmed that in the context of an asset transaction, an employee's length of service with the predecessor and successor employers should not simply be added together for the purposes of calculating reasonable notice. Rather, the Court reiterated its earlier pronouncement that an employee's service with a predecessor employer should be captured in the Bardal analysis by assigning appropriate weight to the employee's experience from which the successor employer benefited. » Read More

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