Zeinab Yousif

Sociétaire | Toronto

416.597.4393

Portrait de Zeinab Yousif

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Supreme Court strikes down Uber’s arbitration clause in Uber Technologies Inc. v. Heller, 2020 SCC 16

On June 26, 2020, the Supreme Court of Canada ruled that the arbitration clause in Uber’s standard form driver contracts, which requires disputes to be resolved through mediation and arbitration in the Netherlands, was unconscionable and thus invalid. As a...

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Federal update: New workplace harassment and violence requirements effective January 1, 2021

On June 24, 2020, the Federal Government published the Workplace Harassment and Violence Prevention Regulations (the “Regulations”). The Regulations set out requirements aimed at addressing workplace violence and harassment. They will come into force on January 1, 2021, replacing Part...

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Critical Ontario COVID-19 update on emergency leave, temporary layoffs and constructive dismissals

By way of a O. Reg 228/20 filed on May 29, 2020 (the “Regulation”) under the Employment Standards Act, 2000 (“ESA”) , the Ontario government has extended the Infectious Disease Emergency Leave to apply to non-unionized employees “whose hours of...

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Mise à jour : gestion de la COVID-19 en milieu de travail

Aperçu de la situation (en date du 15 mars 2020) Le 11 mars 2020, le nouveau Coronavirus 2019 (la « COVID-19 ») a été qualifié de pandémie par l’Organisation mondiale de la santé. Jusqu’à présent, plus de 100 pays ont rapporté des...

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Twelfth edition of Sale of a Business published

The 12th edition of Sale of a Business by Jennifer Babe, a partner in the Banking and Financial Services Group in Miller Thomson’s Toronto office, has now been released. One of Canada’s leading commercial law practitioners, Babe has authored this comprehensive, step-by-step...

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Ontario Update: Bill 57 delays the Pay Transparency Act and Bill 66 proposes changes to the Hours of Work and Overtime Rules

On December 6, 2018, Bill 57, Restoring Trust, Transparency and Accountability Act, 2018 (“Bill 57”) received Royal Assent. Bill 57 postpones the coming into force of the Pay Transparency Act, 2018 from January 1, 2019 to a date to be...

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Ontario Update: Upcoming Changes to Public Holiday Pay

The Ontario government recently reported that changes to the public holiday provisions of the Employment Standards Act, 2000 (“ESA”) introduced by Bill 148 have been the subject of numerous complaints. As a result, the government has announced plans to review...

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Federal Employer Update: An Overview of Recent Changes to the Canada Labour Code

The Canada Labour Code (the “Code”) has been recently amended by Bill C-63. The changes made by Bill C-63 enhance the rights of federally regulated employees and provide them with greater flexibility in the workplace with respect to scheduling, hours...

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Ontario Employers, Update your ESA Poster Today!

The Ministry of Labour has issued an updated version of the poster entitled Employment Standards in Ontario (“Poster”), which can be found at this link. All employers in Ontario are required by the Employment Standards Act, 2000 (“ESA”) to post...

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Reminder to Ontario Employers: Mandatory AODA Compliance Reports Due December 31, 2017

The deadline to file the 2017 Accessibility Compliance Report is fast approaching. Under Ontario’s Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”), businesses and non-profits with 20 or more employees as well as designated public sector organizations must file a...

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Reminder to Ontario Employers: Mandatory AODA Compliance Reports Due December 31, 2017

The deadline to file the 2017 Accessibility Compliance Report is fast approaching. Under Ontario’s Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”), businesses and non-profits with 20 or more employees as well as designated public sector organizations must file a...

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The Ontario Court of Appeal Weighs in on the Severability of Termination Clauses

In a recent decision, North v Metaswitch Networks Corporation, the Ontario Court of Appeal found that the employer could not rely on a severability clause in an employment contract to delete only one part of a termination provision for being...

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Federal Legislative Update: Amendments to the Canada Labour Code and the Canadian Human Rights Act

Federally-regulated employers should take note of the following recent changes to the Canada Labour Code (“Code”) and the Canadian Human Rights Act (“CHRA”): Return to a Card-Based System Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary...

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Is a Subcontractor a Successor or Related Employer for Labour Relations Purposes?

Introduction In a recent decision, Molson Coors Canada, the Ontario Labour Relations Board (the “Board”) held that the subcontracting relationship between Molson Coors Canada (“MCC”) and Sherway Warehousing Inc. (“Sherway”) did not amount to a sale of business nor were...

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Federal Government Consultation on Planned Accessibility Legislation

The federal government has commenced a national consultation process to inform the development of new planned federal accessibility legislation that will transform how the Government of Canada addresses accessibility. The planned legislation would apply to organizations and areas under federal...

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Election Day Reminder: Employer Obligations to Provide Time for Voting

With election day just around the corner, we thought it would be appropriate to provide an overview of employer obligations regarding time for voting. The Canada Elections Act (the “Act”) governs an employer’s obligations with respect to allowing time to...

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California Decision Finds that Uber Driver is an Employee

In a recent decision that has been the subject of considerable commentary in the United States, the California Labor Commissioner held that an Uber driver was an employee rather than an independent contractor. While this decision is not a binding...

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Accessibility for Ontarians with Disabilities Act: Are you compliant with the January 1, 2015 requirements?

The Accessibility for Ontarians with Disability Act, 2005, SO 2005, c 11 (the “AODA”), is an Act aimed at developing, implementing and enforcing standards that promote accessibility for people with disabilities in Ontario. The AODA covers accessibility with respect to...

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What happens when large employers close? A review of the mass termination rules

News of large multinational retailers closing establishments across Canada has dominated the headlines of late. There has been a spotlight on the impact of such closures on the tens of thousands of Canadians who will very soon be without employment. ...

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Three New Leaves of Absence are effective on October 29, 2014 under Ontario’s Employment Standards Act, 2000

On October 29, 2014, the Ontario Employment Standards Amendment Act (Leaves to Help Families), 2014, Bill 21, comes into force. Bill 21 introduces three new leaves to Employment Standards Act, 2000 (the “Act”): (1) Family Caregiver Leave, (2) Critically Ill Child...

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