Author: Hicks Morley

Divisional Court Confirms that Section 80(3) of the PBA Deems Employment to Continue Following Sale of Business

· 3 min read

In Ontario Pension Board v. Ratansi, the Ontario Divisional Court confirmed that the Pension Benefits Act (“PBA”) deems that following a sale of business transaction, both employment and pension plan membership continue under the predecessor employer’s pension plan while the employee continues in employment with the successor employer. The decision overturns an earlier decision of…

Employer’s Use of Video Surveillance in Fire Station Reasonable When Addressing a Serious Safety Concern

· 4 min read

Arbitrator Sheehan has affirmed that an employer may install and operate video surveillance in a workplace where it has legitimate and serious concerns about safety issues. In this arbitration, a firefighters’ Association grieved the installation of cameras at two fire stations. It argued, among other things, that the requirement that the employees be subject to…

Sale of Assets and Hiring of Former Employees of Defunct Business not Sale of Business within LRA: OLRB

· 3 min read

In a recent case, the Ontario Labour Relations Board (“OLRB”)  helped clarify what situations will trigger the operation of the sale of business provisions of the Labour Relations Act (“Act”) particularly when a business purchases the assets and premises of an organization which is unionized. This case may provide guidance for an organization which is…

University’s Removal of Controversial Posters Not Discriminatory under Human Rights Code

· 3 min read

In its recent decision SAIA v. Carleton University, the Human Rights Tribunal of Ontario (“Tribunal”) found that the decision by Carleton University to remove certain posters from its campus was not discriminatory, nor was it driven by discriminatory animus against Palestinian students. The University had a policy that posters must be approved by the appropriate…

Alberta Court of Appeal Considers Restrictive Covenants and Fiduciary Duties

· 4 min read

In Evans v. The Sports Corporation, the Alberta Court of Appeal provides some important guidance on what classes of employees will be considered fiduciaries and what type of conduct will constitute solicitation of clients. Richard Evans was employed for six years by The Sports Corporation (“TSC”) as a sports agent responsible for TSC prospects and…

Arbitrator Considers Employer’s Ability to Collectively Bargain Changes to Retiree Benefits

· 3 min read

In TRW Canada Ltd. and Thompson Products Employees’ Assn. (Retiree Benefits) (Re), collectively bargained changes to vested retiree benefits were found to have been made without lawful authority. The changes had been proposed by the employees’ association (“Association”), following a particularly hard round of collective bargaining, and after the employer threatened to close one of…

Court of Appeal for Ontario Finds Restrictive Covenants Unreasonable and Unenforceable

· 1 min read

In Martin v. ConCreate USL Limited Partnership, a decision released yesterday, the Court of Appeal for Ontario determined that the restrictive covenants included in sale of business agreements were unenforceable.  Among other things, the Court found that the duration for the covenants was unreasonable because it was “for an indeterminate period, and there is no fixed,…

Supreme Court of Canada Renders Decision in Indalex

· 1 min read

Today, the Supreme Court of Canada rendered its long-awaited decision in Sun Indalex Finance, LLC v. United Steelworkers. The decision contains important findings with respect to, among other matters, the fiduciary duties of plan administrators, the reach of the statutory deemed trust provisions of the Ontario Pension Benefits Act, and the priority given to pension…