Catherine Phelps

Associate | Kitchener-Waterloo


Portrait of Catherine Phelps

Construction owners take note: Supreme Court will rule on important OHSA issue

In Ontario (Labour) v Sudbury (City),[1] the Ontario Court of Appeal recently held that a construction owner may be liable for violations of Ontario’s Occupational Health and Safety Act (the “OHSA”) on a construction project as an employer. On December...


Construction liens’ applicability to prefabricated modular buildings

Construction liens are charges against interests in land and premises, and are governed by the Construction Act, RSO 1990, c. C30.[1] Construction liens provide contractors and other parties to the contract protection for payment for materials and/or services provided on...


Ontario Court of Appeal issues welcome decision for employers on termination entitlements

In Battiston v Microsoft Canada Inc.,[1] the Ontario Court of Appeal enforced a stock option agreement that limited an employee’s entitlement to non-vested stock options upon termination. This decision offers some welcome news for employers navigating the thorny world of...


Important Decision on Family Status Discrimination

Ontario Municipal Human Resources Association Newsletter

In Kovintharajah v Paragon Linen & Laundry Services Inc., 2021 HRTO 98 (“Paragon Linen”) the Human Rights Tribunal of Ontario (the “Tribunal”) provided clarity on the test for family status discrimination and awarded one of the highest ever damages awards...


Free rapid COVID-19 testing for eligible workplaces

Recently, a number of initiatives have been unveiled that will provide free rapid antigen testing to small and medium-sized businesses. Federal On May 7, 2021, the Federal Government announced that certain businesses and organizations can apply for free rapid tests...


Manitoba launches two new leaves in response to COVID-19

Manitoba recently joined a number of other provinces in implementing paid leave programs in response to the COVID-19 pandemic. On May 7, 2021, Manitoba’s Premier announced that the province is launching a new Manitoba Pandemic Sick Leave program to fill...


OHRT releases important decision on family status discrimination

In Kovintharajah v Paragon Linen & Laundry Services Inc.,[1] the Human Rights Tribunal of Ontario (the “Tribunal”) provided clarity on the test for family status discrimination and awarded one of the highest ever damages awards for this class of discrimination....


Wage subsidy and rent subsidy amounts to be extended

On March 3, 2021, the federal government announced that it intends to extend the current rate structures for the Canada Emergency Wage Subsidy, the Canada Emergency Rent Subsidy and Lockdown Support from March 14 to June 15, 2021. These programs...


Ontario government extends stay-at-home order across most of the province while announcing plans for re-opening

On Monday, February 8, 2021, the Ontario government announced in a press release that it is extending the Stay-at-Home order across most of the province.  The government further advised that when it is safe to do so, the province will...


Federal update: New monetary penalties effective under the Canada Labour Code on January 1, 2021

On January 1, 2021, the Canada Labour Code (“the Code”), which applies to federally regulated employers, will be amended to add a new Part IV, titled “Administrative Monetary Penalties.” The purpose of Part IV is to establish an alternative penalty...