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Monday, September 28, 2026

Raising the Bar – COVID-19 Year-End Edition - Hicks Morley

As we near the end of 2022, we reflect back on a year filled with virtual environments, increased connections and a renewed focus on wellness as we made it through another year since the COVID-19 pandemic began in 2020.

The pandemic has had a broad-ranging impact on employment law since March 2020. To wrap up 2022, employers may find it helpful to have a check-in on how Canadian courts and labour arbitrators have considered how pandemic-related measures have impacted the workplace and the labour market. We first review cases in which labour arbitrators have considered the reasonableness of vaccination policies, as these cases contain helpful commentary that may impact court jurisprudence. We then shine a light on how the pandemic has impacted wrongful dismissal claims. Finally, we note recent comments from the Ontario Superior Court of Justice regarding redactions in productions.

Special thanks to our colleagues Olivia Evans, Jordynne Hislop and Sarah Maude for their contributions to this issue of Raising the Bar. And thanks as always to Pam Hillen and our great staff in Knowledge Management and Business Development.

Happy reading, happy holidays and happy new year!

Part 1 – Cases you Need to Know About

Reasonableness of Vaccination Policies

Throughout the pandemic, employers have had to adapt their workplace policies to minimize the risk of the spread of COVID-19 to their employees and others. As part of this precautionary approach, we have seen the development and...



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