Submissions and Legislative Updates

Banning what’s already banned: The Ontario government unveiled plans this week to ban unpaid trial shifts for restaurant and hospitality workers. But it’s already illegal for employers to do that under the Employment Standards Act. So, what gives? Well, Labour Minister David Piccini says unpaid trial shifts are currently happening as part of the interview process in some restaurants, so this legislation is designed to specifically prohibit the practice.

Feds Creep Out Premier Ford: Premier Doug Ford didn't mince words speaking with reporters about the federal government’s Housing Accelerator Fund: “We call it jurisdictional creep”. The premier said the province can get a “better bang for the buck” (anyone remember buck-a-beer? We digress...). if it works with the federal government directly. The province also has its own Building Faster Fund that seeks to address the affordable housing issue.

Goodbye HST: Ontario has officially announced plans to remove the provincial portion of HST for new rental housing, in an effort to address the ongoing housing supply crisis. Ontario’s share of the HST represents 8%, but, given the federal government’s similar policy announced in September, the entire 13% HST will not apply to new purpose-built rental housing.

Don’t Look Up: The 2023 World Justice Project Rule of Law Index was released this week, which measures how countries adhere to the rule of law. While Canada ranked 12th overall, it fell to 58th out of 142 countries when it comes to accessing civil justice without reasonable delay. This is well behind peer countries such as the United States (28th), UK (24th) and Australia (19th).

The open court principle (and established exceptions) should be applied equally, regardless of the mode of proceedings. The public should not have to provide identifying information to receive a Zoom link. Use tech solutions to mitigate risk rather than restricting public access.

Another Notch on the Greenbelt: On Monday, October 16th, 2023, the government tabled Bill 136, Greenbelt Statute Law Amendment Act, 2023. The legislation would return the previously removed lands to the Greenbelt, and would provide extensive liability immunity to the government for any actions relating to the Greenbelt, and specifically the actions taken regarding the removals in 2022.

OBA supports: amending the Rules and the CJA s 140 to allow vexatious litigant orders to be obtained by motion (in addition to application) and on a judges own initiative; creating additional pathways for expedited access to the courts to pre-empt VL litigation; and creating a list of hallmarks of VLs to provide additional clarity and consistency. Special consideration needs to be given to the VL in Family Law matters.

Feed me Seymour: As the Greenbelt saga continues, there is increasing speculation about the impact all of this will have on the re-electability of the Premier and this government. The RCMP announced that their “Sensitive and International Investigations Unit” (SII) will investigate.

Call Me Maybe: Global News is reporting that Doug Ford has used his personal cell phone for government business but his office is refusing to divulge his phone logs claiming the need to maintain the privacy of callers. Fun Fact: the reason government officials are not permitted to use private communication devices is to ensure there is an official record of government business.

THIS WEEK AT QUEEN’S PARK (and elsewhere) Federal Minister Joins OBA for Media Launch of Peer Support Network for Lawyers Living with Disabilities: OBA President, Kelly McDermott and Canada’s Minister of Sport and Physical Activity, Carla Qualtrough spoke to the media and special guests about the first-of-its-kind support program which is central to Ms. McDermott’s mandate. The CBC and other media outlets carried the story which will raise awareness. Learn more about this support network here.