Expert evidence has been a hot topic in Canadian law recently. Following this trend, in White Burgess Langille Inman v. Abbott and Haliburton Co., the Supreme Court of Canada considered the duty owed by an expert witness to the court to be independent, impartial and unbiased. The Court clarified that where an expert is “unable”…
Business Operation: Alberta
2015 Ontario and Federal Budgets Released
On April 23, 2015, the Ontario government tabled the 2015 provincial Budget, “Building Ontario Up” (“Budget”) and Bill 91, Building Ontario Up Act (Budget Measures), 2015 (“Bill 91”), supporting omnibus legislation designed to implement some of the proposals contained in the Budget. We are in the process of reviewing the Budget and Bill 91, and…
FSCO Updates Form 1 (Pension Plan Registration), Asset Transfer FAQs
On April 7, 2015, the Financial Services Commission of Ontario (“FSCO”) published a revised Application for Registration of a Pension Plan, Form 1 and added new frequently asked questions for plan administrators (“FAQs”) with respect to Multi-Jurisdictional Pension Plan Asset Transfers, among other things. The Form 1 has been updated to provide FSCO with additional…
Indefinite Suspensions with Pay: The SCC Clarifies the Test for Constructive Dismissal
The Supreme Court of Canada recently considered the common law doctrine of constructive dismissal in Potter v. New Brunswick Legal Aid Services, where a majority of the Court (with two justices concurring in the result) concluded that placing an employee on an indefinite administrative suspension with pay constituted constructive dismissal. It found that even where…
New Holiday Pay Provisions Now in Effect
As we reported in our January 2015 FTR Now, significant reforms to the general holiday pay provisions of Part III of the Canada Labour Code come into force effective March 16, 2015. Federally regulated employers are reminded that the amendments include the introduction of a new “holiday pay” formula and the elimination of certain qualifying requirements….
Supreme Court of Canada On Pregnancy and Parental Leave Top-Ups
The Supreme Court of Canada recently upheld a decision of a British Columbia arbitrator which had found that denying birth mothers entitlement to parental supplemental employment (“SEB” or “top-up”) benefits where they had received pregnancy SEB plan benefits was discriminatory. The issue before the arbitrator turned on an interpretation of the collective agreement in place…
Committee To Hold Public Hearings on ORPP Bill
The Standing Committee on Social Policy will hold public hearings in Toronto on Bill 56, the Ontario Retirement Pension Plan Act, 2015 (“ORPP Bill”) commencing March 23, 2015. Hearing dates will continue on March 24, March 30 and March 31, 2015. Interested persons who wish to be considered to make an oral presentation on Bill…
CRTC issues $1.1 million penalty for 4 spamming violations under CASL
On March 5, 2015, the Chief Compliance and Enforcement Officer (“Officer”) at the Canadian Radio-television and Telecommunications Commission (“CRTC”) issued a Notice of Violation – including a $1.1 million penalty – to Compu-Finder for contravening Canada’s new anti-spam legislation, CASL. Compu-Finder was responsible for 26% of all complaints submitted to the industry sector’s Spam Reporting…
Supreme Court Expands “Freedom of Association” and Recognizes Right to Strike
In three decisions released in late January, 2015, the Supreme Court of Canada has once again revisited, and expanded, the reach of section 2(d) of the Canadian Charter of Rights and Freedoms (the “Charter“), which guarantees “freedom of association”. In two cases involving the RCMP, the Court held that the unique bargaining scheme imposed on…
Updated CRA Form For Direct Transfers Between Registered Plans
On December 24, 2014, the Canada Revenue Agency (“CRA”) published a new electronic version of form T2151, “Direct Transfer of a Single Amount Under Subsection 147(19) or Section 147.3.” Deferred profit sharing plan trustees or registered pension plan administrators recording the direct transfer of a single amount for an applicant should ensure that the correct…