Responding to Disclosure Demands at the Bargaining Table: Employer Rights and Obligations

Many Social Services organizations will be negotiating for the renewal of their collective agreements in 2011. Some of our clients have advised us that they have received broad disclosure requests from unions well in advance of actual bargaining. These requests are very similar to requests a number of Social Services organizations received in early 2009….

Ontario Introduces Further Pension Reforms

On October 19, 2010, the Ontario government introduced Bill 120, the Securing Pension Benefits Now and for the Future Act, 2010. As previously reported, these pension reforms are intended to build on the first phase of reforms, which were passed earlier this year. The government has announced that the Bill 120 reforms would, if passed:…

Hicks Morley Introduces Legislative Update Blog

Hicks Morley is pleased to announce the launch of Human Resources Legislative Update, a blog designed to provide human resources professionals with timely information about developments in a range of employment-related areas. In this FTR Now, we highlight the features of this new service. To access the blog click here. BACKGROUND Since 1997, Hicks Morley…

An Educator’s Guide to Special Education Law, Second Edition

This book provides a complete and comprehensive account of the legal and administrative issues arising from the special education process. It details changes to the Ontario Human Rights Code and the Education Act and how the changes impact upon educators. It also updates case law generated by the courts, the Special Education Tribunal and the…

Ontario Introduces New Healthcare Accountability Legislation for Hospitals

On May 3, 2010, the Ontario government introduced Bill 46, the Excellent Care for All Act, 2010 (the “Act”). The Act would, if passed, make healthcare providers and executives accountable for improving patient care and enhancing the patient experience. Although aimed at the hospital sector specifically, the government has indicated that following an assessment of…

Accident Investigations

As the number of prosecutions under the Occupational Health and Safety Act (“OHSA”) continue to rise, clients need to be effectively managing accident investigations. We have summarized some of the key OHSA issues that arise in any accident: 1. Know the Reporting Requirements The OHSA sets out different reporting requirements depending on the type of…

Supreme Court of Canada Says Privacy Commissioner Can’t Decide Privilege Claims

The Supreme Court of Canada issued its much-anticipated decision in Blood Tribe earlier this month. In a judgement written by Mr. Justice Binnie, it unanimously held that the Privacy Commissioner of Canada does not have the power to compel production of records over which an organization claims solicitor-client privilege. In doing so, the Court affirmed…

More Information on Family Status Accommodation

As many of you will know, we are currently presenting a series of client conferences across the province. One of the human rights issues we have been featuring in our conferences is the accommodation of family status. We have received some requests from attendees for case citations for some of the decisions referenced in our…

Tax-Free Savings Accounts: Potential Opportunities for Employer-Sponsored Retirement and Savings Plans

In the February 2008 Budget, the federal Minister of Finance announced a new initiative – tax free savings accounts (TFSAs). If the proposed legislation is passed, these new savings vehicles will be available to Canadian taxpayers starting in 2009. Key Features of a TFSA Canadian taxpayers will be allowed to contribute up to $5000 each…

OHRC Draft Policy on Mental Health Discrimination and Police Record Checks

In February 2008, the Ontario Human Rights Commission released a Draft Policy on Mental Health Discrimination and Police Records Check for public consultation. The draft Policy is aimed at addressing concerns that the requirements, policies and practices relating to police record checks can have a discriminatory impact on persons with mental health-related disabilities and those…