In a helpful decision for employers, Amalgamated Transit Union, Local 113 v Toronto Transit Commission, the Ontario Superior Court recently denied an application by the Amalgamated Transit Union, Local 113 and others (Applicants) for an interlocutory injunction to restrain the implementation of the Toronto Transit Commission’s (TTC) random drug and alcohol testing, pending completion of…
Author: Hicks Morley
Ontario Tables 2017 Budget
On April 27, 2017, the Ontario government tabled its 2017 Budget “A Stronger, Healthier Ontario.” We are in the process of reviewing the Budget, and an FTR Now highlighting measures of interest to employers, human resources professionals and pension plan administrators will be available on our website in the coming days. Editor’s Note: Bill 127, Stronger,…
The Truth Hurts: Employer Not Liable In Defamation For Bad Reference Because It Was True
The Ontario Superior Court has affirmed that employers are not liable for defamation when they provide candid and truthful references about former employees. In Papp v Stokes et al, 2017 ONSC 2357, the plaintiff, Adam Papp, worked as an economist for Stokes Economic Consulting for 2.5 years when his employment was terminated without cause in…
Ontario Announces Additional Funding to Reduce Class Sizes and to Support Students at Risk
The Ontario government has announced that nine central agreements have been reached between trustees’ associations and education workers’ unions and teachers’ federations. These agreements will be in force from September 1, 2017 to August 31, 2019. The government has also announced additional funding for the following: to hire approximately 875 teachers and 1600 education workers…
Federal Government Introduces Bill to Legalize Cannabis
On April 13, 2017, the federal government introduced Bill C-45, the Cannabis Act. If passed, Bill C-45 will, among other things: permit persons age 18 and over to possess up to 30 grams of dried or fresh cannabis permit the government to authorize the possession, production, distribution, sale, importation and exportation of cannabis where authorized…
Expulsion of Partners: Ontario Court of Appeal Confirms Good Faith Requirement
In Tim Ludwig Professional Corporation v. BDO Canada LLP, the Ontario Court of Appeal recently upheld a lower court decision which awarded an expelled partner in excess of $1.3 million in damages for lost profits and benefits, and aggravated damages (see our Case in Point, Expelling a Partner: An Expensive Cautionary Tale for Partnerships). In…
Fixed-Term Contract Termination Provision Violates ESA, Says Appeal Court
The Ontario Court of Appeal has again weighed in on the issue of termination provisions in employment contracts. By way of background, we recently reported on the February 2017 decision of the Court of Appeal in Wood v Fred Deeley Imports Ltd. In that case, the Court reversed a motion judge’s conclusion that a termination…
Guidance for Organizations Sharing Information for Investigation/Fraud Purposes Issued by OPC
The Office of the Privacy Commissioner of Canada (OPC) recently provided guidance on the new provisions of the Personal Information Protection and Electronic Documents Act (PIPEDA) that allow organizations to share information for investigation and fraud prevention purposes. The amendments, in force since 2015, give organizations significant flexibility to address cyber-crime and fraud by allowing…
Bill 92, School Boards Collective Bargaining Amendment Act, 2017, Receives Royal Assent
On March 27, 2017, Bill 92, School Boards Collective Bargaining Amendment Act, 2017, received Royal Assent. The Bill amends the School Boards Collective Bargaining Act, 2014 and reforms the collective bargaining framework in the education sector. Amendments include, among other things, making central bargaining a mandatory component of collective bargaining and permitting an employer bargaining…
Appellate Court Finds Labour Arbitrator has Jurisdiction in EI Premium Reduction Case
In a recent decision, the Ontario Court of Appeal underscored the importance of judicial deference to the arbitration and grievance process…