In 2021, Canada saw significant statutory and case law developments in labour and employment law, some of which related to COVID-19. This Insight provides an overview of key 2021 developments, with links to more detailed articles and commentary.

1. On January 1, 2021, Bill C-65, An Act to amend the Canada Labour Code and other legislation (Bill C-65) and the Work Place Harassment and Violence Regulations (Regulations) came into force. Bill C-65 and the Regulations set out the requirements that federally regulated employers must meet in order to satisfy their obligations under the Canada Labour Code to investigate, record, report, prevent and provide training with respect to workplace harassment and violence, including sexual harassment and sexual violence. Links to more detailed articles are available here and here.

1. In McGuinty v. 1845035 Ontario Inc., 2020 ONCA 816, the Court of Appeal for Ontario (OCA) upheld the lower court’s decision to award an employee one of the highest damage awards ever granted in Canada for constructive dismissal ($1,270,000), the amount the employee would have earned for the balance of the term of his contract. In doing so, the OCA did not interfere with the trial judge’s finding that the employee, “did not return to work, could not return to work, and did not condone the [employer’s] actions.” In concluding that the employee had not condoned his constructive dismissal, the OCA considered the employee’s unique personal circumstances and noted...

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