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Yahoo
30-05-2025
- Business
- Yahoo
Howard Levitt: Think the issue of workplace vaccine mandates is long-settled? Not quite, say courts
Some employers (and employees) might believe that firing workers for non-compliance with vaccine mandates is settled law. After all, vaccines were the best response to a public health emergency and all levels of government both imposed and supported them. So, when an employee refuses to get vaccinated, one would think the employer has a pretty clear case for discharge. Now that the acute phase of COVID-19 has essentially ended, this topic may seem of little relevance. But the wheels of justice spin slowly and many cases are still winding their way through the courts. Although the arbitration cases have been mixed, the courts have primarily found that employers had the right to impose vaccine mandates, with the leading case being my own in Seneca College. (Seneca won both initially and on appeal.) As one court noted in a case involving the TTC, 'If even one TTC rider or worker dies or is seriously harmed after catching Covid-19 from an unvaccinated TTC employee, it will be one too many. That is harm that is truly irreparable.' In the unionized context, employers could suspend or layoff workers pending either the employee being vaccinated or the policy changing. Employers of non-union employees, however, felt that they did not have that recourse because both layoffs and suspensions are generally constructive dismissals. There were always exceptions for employees with medical or religious exemptions, if an accommodation could be found without risking the health of others. And, of course, if an employee refused to provide proof of their vaccination status, the employer could treat them as being unvaccinated and terminate their employment. Unvaccinated employees invariably argued that they should be permitted to work from home as, without contact with customers or coworkers, their vaccination status would be irrelevant. But now that employers have begun work recalls, such employees should not have special status and be permitted to work from home on the basis of being unvaccinated while vaccinated employees are forced to return to the office. But what if an employer has no real interest in enforcing a vaccine mandate for a particular employee? That issue recently arose in a case involving 37-year-old Jocelyn Paul, who had been employed for 10 years as a senior account manager with Sensient Colors Canada Ltd. Her performance appraisal for the first year of the pandemic was highly positive, noting that she was able to 'close a tremendous gap in revenue' despite the challenges of Covid-19. By the fall of 2021, Sensient introduced a vaccine mandate. Paul did not claim a medical or religious exemption. She simply refused to disclose whether she was vaccinated. She was the only employee who refused to comply and was fired with just cause alleged. The court found that 'in certain cases, a refusal to vaccinate may sufficiently undermine an employee's ability to carry out their duties so as to justify dismissal for cause. However, this will not be true in every case.' It said there must be a sufficient connection between a worker's responsibilities and the vaccination requirement to justify imposing 'the ultimate penalty' of termination. Ontario Superior Court Justice Chris De Sa looked at the relevant factors in Paul's case: Ninety per cent of her work time since the pandemic started was from home. During the pandemic, her performance exceeded the job requirements. None of her 10 top clients required her to be vaccinated to do an on-site visit. Prior to her termination and during the pandemic, she continued to do on-site visits with clients in Ontario with no problems. She had no United States-based clients. Even though her job required that she attend certain meetings in the U.S., the employer could have arranged much of the training in other ways. She complied with all other safety requirements, such as masking. What did the court find Sentient should have done? 'A more proportionate response here may have been to review and revise Ms. Paul's customer portfolio to the extent required, temporarily suspend her from customer-facing sales or even possibly put her on a leave of absence.' In short, the court found that Sensient should have accommodated Paul's refusal by changing her job, thereby advantaging her over others who were vaccinated and creating some inconvenience or inefficiency for the employer. Howard Levitt: The key factors determining severance in wrongful dismissal cases Howard Levitt: Why Ottawa should stop interfering and let Canada Post and the union duke it out The suggestion that she could potentially be suspended for months or placed on unpaid leave is also interesting, since that would generally be treated as a constructive dismissal. This case is symptomatic of the court's increasingly employee-friendly approach, particularly in Ontario. And, to the point, if an employer is going to succeed in enforcing a vaccine mandate in court, they will need to — if this case is any predictor — show some genuine prejudice. One size, judicially speaking, does not fit all. Howard Levitt is senior partner of Levitt LLP, employment and labour lawyers with offices in Ontario, Alberta and British Columbia. He practices employment law in eight provinces and is the author of six books, including the Law of Dismissal in Canada. Sign in to access your portfolio
Hamilton Spectator
16-05-2025
- Entertainment
- Hamilton Spectator
Filipino-Canadian creator Isabel Kanaan turned TikTok videos about immigrant experience into sitcom success with ‘Abroad'
TORONTO - When Isabel Kanaan moved from the Philippines to Burlington, Ont., at 16, she found the calm suburban atmosphere difficult to adjust to. 'Filipinos in general, we're always so noisy. And in Manila, the streets never sleep,' says the 33-year-old, whose family immigrated to Canada in 2008. 'Nothing was open past 9 p.m. I was so confused. Like, 'What do people do after 9?'' she said of her new town, located on the western shores of Lake Ontario. It wasn't just the quiet that took getting used to. Kanaan also figured she'd have to give up on her dream of acting. 'I thought there's no way I could be an actor here because I didn't really see people like me or my stories on TV or in movies,' she says. 'So I didn't pursue what I wanted.' She initially enrolled in math at York University to become a teacher, but the pull toward acting proved strong. She eventually switched to Seneca College's acting program — but upon graduating, found few roles available for Filipina women. 'My agent would get me in the room for characters that were Indian or Spanish or something else,' she recalls. 'I got tired of auditioning for things that weren't meant for me, for Filipinos. I wanted to make something for us.' That frustration led Kanaan to start making TikToks about the Filipino immigrant experience from a humorous lens. Years later, those sketches would evolve into 'Abroad,' an English-Tagalog sketch comedy show on OMNI that she co-created and stars in. Now in its fourth season, 'Abroad' returns Sunday with more sketches spotlighting Filipino-Canadian stories. Kanaan plays several characters inspired by real people, including Passive Aggressive Mama, and Nestor, a black-market dealer turned dance instructor. The show skewers everything from culture shock to language barriers to the quirks of assimilation. A major theme this season is parents grappling with how to raise a second-generation Filipino-Canadian child — a storyline rooted in real life, as Kanaan recently became a mother herself. 'Before, I was just playing my mom or the moms I know in my life… Here I was thinking, 'Oh, I'm going to be different.' And then things come up, and you're like, 'Wait a minute, maybe I'm not so different from them,'' she laughs, acknowledging she's just as 'loud' as the other Filipino moms in her life. Kanaan hopes the show helps Filipino immigrants — and newcomers of all backgrounds — feel seen. 'If they watch the show, they'll think, 'Oh yeah, this has been my experience. There are other people like me,'' says Kanaan, a former cast member of CBC's 'Royal Canadian Air Farce.' Kanaan says 'Abroad' has found a loyal following not just in Canada but around the world, with clips amassing millions of views on TikTok and Instagram. The show was recently acquired by Just For Entertainment Distribution to begin airing internationally. 'We are getting so many hits from all around the world and people saying, 'We want to see this show where we are,'' Kanaan says, noting she's heard from Filipino fans in the U.S., the U.K. and Australia. 'Abroad' is up for five Canadian Screen Awards, including best sketch comedy and best sketch comedy performance for Kanaan and her Filipino-Canadian co-stars including Joy Castro, Justin Santiago and Nicco Lorenzo Garcia. Following the recent tragedy at a Filipino street festival in Vancouver, where 11 people were killed after an SUV rammed into a crowd, Kanaan says she hopes 'Abroad' brings some comfort to the community. 'It was just so sad… It hits you, even though you're not there — it hits the community,' she says. She's been heartened by how the Filipino-Canadian community has rallied to support victims through various fundraisers. 'That's the thing about the Philippines — we're so community-based. I'm happy we're all supporting and we're getting the word out there,' she says, noting that her show first gained popularity through word of mouth as well. As much as the show speaks to the immigrant experience, Kanaan hopes non-immigrants tune in as well. 'It's showing them the different sides of Canada,' she says. 'I had to learn Canadian culture. There are so many of us and it's so multicultural here in Canada, so there is no reason why you should not learn about your neighbour's culture.' This report by The Canadian Press was first published May 16, 2025.
Winnipeg Free Press
16-05-2025
- Entertainment
- Winnipeg Free Press
Filipino-Canadian creator Isabel Kanaan turned TikTok videos about immigrant experience into sitcom success with ‘Abroad'
TORONTO – When Isabel Kanaan moved from the Philippines to Burlington, Ont., at 16, she found the calm suburban atmosphere difficult to adjust to. 'Filipinos in general, we're always so noisy. And in Manila, the streets never sleep,' says the 33-year-old, whose family immigrated to Canada in 2008. 'Nothing was open past 9 p.m. I was so confused. Like, 'What do people do after 9?'' she said of her new town, located on the western shores of Lake Ontario. It wasn't just the quiet that took getting used to. Kanaan also figured she'd have to give up on her dream of acting. 'I thought there's no way I could be an actor here because I didn't really see people like me or my stories on TV or in movies,' she says. 'So I didn't pursue what I wanted.' She initially enrolled in math at York University to become a teacher, but the pull toward acting proved strong. She eventually switched to Seneca College's acting program — but upon graduating, found few roles available for Filipina women. 'My agent would get me in the room for characters that were Indian or Spanish or something else,' she recalls. 'I got tired of auditioning for things that weren't meant for me, for Filipinos. I wanted to make something for us.' That frustration led Kanaan to start making TikToks about the Filipino immigrant experience from a humorous lens. Years later, those sketches would evolve into 'Abroad,' an English-Tagalog sketch comedy show on OMNI that she co-created and stars in. Now in its fourth season, 'Abroad' returns Sunday with more sketches spotlighting Filipino-Canadian stories. Kanaan plays several characters inspired by real people, including Passive Aggressive Mama, and Nestor, a black-market dealer turned dance instructor. The show skewers everything from culture shock to language barriers to the quirks of assimilation. A major theme this season is parents grappling with how to raise a second-generation Filipino-Canadian child — a storyline rooted in real life, as Kanaan recently became a mother herself. 'Before, I was just playing my mom or the moms I know in my life… Here I was thinking, 'Oh, I'm going to be different.' And then things come up, and you're like, 'Wait a minute, maybe I'm not so different from them,'' she laughs, acknowledging she's just as 'loud' as the other Filipino moms in her life. Kanaan hopes the show helps Filipino immigrants — and newcomers of all backgrounds — feel seen. 'If they watch the show, they'll think, 'Oh yeah, this has been my experience. There are other people like me,'' says Kanaan, a former cast member of CBC's 'Royal Canadian Air Farce.' Kanaan says 'Abroad' has found a loyal following not just in Canada but around the world, with clips amassing millions of views on TikTok and Instagram. The show was recently acquired by Just For Entertainment Distribution to begin airing internationally. 'We are getting so many hits from all around the world and people saying, 'We want to see this show where we are,'' Kanaan says, noting she's heard from Filipino fans in the U.S., the U.K. and Australia. 'Abroad' is up for five Canadian Screen Awards, including best sketch comedy and best sketch comedy performance for Kanaan and her Filipino-Canadian co-stars including Joy Castro, Justin Santiago and Nicco Lorenzo Garcia. Following the recent tragedy at a Filipino street festival in Vancouver, where 11 people were killed after an SUV rammed into a crowd, Kanaan says she hopes 'Abroad' brings some comfort to the community. 'It was just so sad… It hits you, even though you're not there — it hits the community,' she says. She's been heartened by how the Filipino-Canadian community has rallied to support victims through various fundraisers. Winnipeg Jets Game Days On Winnipeg Jets game days, hockey writers Mike McIntyre and Ken Wiebe send news, notes and quotes from the morning skate, as well as injury updates and lineup decisions. Arrives a few hours prior to puck drop. 'That's the thing about the Philippines — we're so community-based. I'm happy we're all supporting and we're getting the word out there,' she says, noting that her show first gained popularity through word of mouth as well. As much as the show speaks to the immigrant experience, Kanaan hopes non-immigrants tune in as well. 'It's showing them the different sides of Canada,' she says. 'I had to learn Canadian culture. There are so many of us and it's so multicultural here in Canada, so there is no reason why you should not learn about your neighbour's culture.' This report by The Canadian Press was first published May 16, 2025.
National Post
26-04-2025
- Politics
- National Post
John Ivison: On campaign's final weekend, the Grits have the momentum
Article content Article content At a campaign event at Seneca College in this commuter community 40 km north of Toronto, Carney was asked to grade his own campaign performance. Article content The problem with being successful is that it breeds hubris, a quality voters tend to find toxic. Article content But the Liberal leader is a quick study and sidestepped a curve-ball that could have struck him squarely between the eyes. 'Every study I've ever taken, it is the teacher who gives the grades,' he said. Article content Article content It was a prudent response. The polls give the Liberals a four-point cushion nationally, with regional break-outs in Ontario and Quebec looking even more rosy. Carney consistently outpolls Pierre Poilievre on perceived competence and likeability. Article content Article content The race does not always go to the candidate ahead in the polls, but that's the way to bet. Betting markets give the Liberals a 71 percent chance of forming government, compared to a 20 percent chance for the Conservatives. A certain Donald Trump faced similar odds in 2016 and triumphed. Article content But the momentum is with the Liberals. You can see it and feel it on the ground. On Friday night, Carney campaigned in an NDP-held riding, London—Fanshawe, that has been held by the mother-daughter dynasty of Lindsay and Irene Mathyssen since 2006. On Saturday evening, Carney is scheduled to hold a rally in Windsor West. The seat is held by veteran NDP MP, Brian Masse, who has won there eight times. Article content It is a measure of the rise in Liberal fortunes, at the expense of the NDP, that Masse's seat is now considered to be in play. Article content There is no sentiment in politics, and in return for propping up the government for the past two years, the Liberals are intent on wiping New Democrats from the electoral map. Article content The King—Vaughan seat is currently held by the Conservatives, but it too is considered a potential pick-up for the Liberals. Article content The reason is the story of this election: Carney has been the candidate who has best addressed the anxieties about the Trump administration felt by millions of Canadians. Article content He has talked about 'the biggest crisis of our lifetimes' and the rhetoric has felt overblown at times, particularly in the weeks between Trump bloviating about Canada becoming the '51st state.'
Hamilton Spectator
26-04-2025
- Politics
- Hamilton Spectator
Party leaders campaign in Ontario, B.C. battlegrounds as election day nears
OTTAWA - Party leaders blitzed key ridings in southern Ontario and British Columbia on Saturday with the final vote in the federal election now just two days away. Liberal Leader Mark Carney took his tour through battleground ridings in the Greater Toronto Area, as well as Windsor, Ont., a city where U.S. President Donald Trump's auto tariffs have created immense anxiety. At a news conference at the Seneca College campus in King City, Ont. Saturday Morning, Carney focused his message heavily on protecting Canada from Trump. 'President Trump is trying to break us so that America can own us,' Carney said, repeating one of his most frequent campaign statements. 'And well, that will never happen.' Carney said if Canada unites, 'we will win this trade war, and we will build the strongest economy in the G7.' When asked if that is an overly ambitious reading of what economists expect to happen to the Canadian economy in the coming years, Carney responded that winning a trade war means becoming an energy superpower with high amounts of trade with other countries and affordable housing. Carney rejected the declaration Bloc Leader Yves-François Blanchet made on Friday that Canada is 'an artificial country with very little meaning.' 'I reject them completely. This is an incredible country,' he said. 'What I would look to be part of is this process that is underway, of the country coming together, of unifying. And I want to support that, not divide.' He similarly said he aspires to be a prime minister for all Canadians. Yet he would not specify how he would include supporters of Poilievre who say the country is headed for dire living conditions if Carney wins. King City is in the riding of King — Vaughan, just north of Toronto, where the difference between the Liberals and Conservatives in 2021 was just over 1,000 votes. Carney's tour is set to breeze through several more 905-area ridings on Saturday — named for being in the area around Toronto that originally all had a 905 area code. Short stops were planned in Newmarket, Aurora and Markham, all seats the Liberals won in 2021 and need to keep to be victorious on Monday. Later Saturday Carney will hold rallies in Mississauga and Windsor. The Liberals have led the Conservatives in Ontario throughout the campaign, but many of the ridings in the 905 are swing seats that can make the difference between who forms government and between a minority or majority mandate. Conservative Leader Pierre Poilievre is campaigning in the Vancouver area Saturday, in ridings in Surrey and Delta, B.C., before flying for an event in Sudbury, Ont. Saturday night. There are multiple seats in play in the Vancouver region on Monday. The Liberals won Delta in the last three elections but former cabinet minister Carla Qualtrough isn't running again so there is no incumbent. In Surrey, at least two of the three seats are considered to be in play. Sudbury, known mostly for its nickel mining industry, has just one seat. It seems an unlikely win for the Conservatives though it was a smaller victory for the Liberals in 2021 than in 2019. NDP Leader Jagmeet Singh, whose campaign has struggled from the beginning, is campaigning in Southwestern Ontario, where his party is trying to at least hang on to the two seats it won in 2021. They face a stiff challenge from the Liberals in both Windsor West and London — Fanshawe. Singh delivered snacks to campaign workers at a stop in London and will attend a Unifor rally in Windsor, Ont. He told campaigners in London this morning to remind voters that 'their vote that has actually built this country by electing New Democrats, that have built up all the things that make Canada, Canada.' He is later expected to attend a Lapu-Lapu Day party with the Filipino community in Vancouver and an Eid dinner with Muslims in Burnaby, B.C. Carney also said he wants to pursue trade with India despite a strain in the relationship which he blamed on New Delhi. Canada has accused Indian state agents of being behind the assassination of a Canadian Sikh leader in British Columbia in 2023. — With files from Kyle Duggan in King City, Ont. and David Baxter in London, Ont. This report by The Canadian Press was first published April 26, 2025.
