Today, the Supreme Court of Canada denied leave to appeal from the Ontario Court of Appeal decision in Carrigan v. Carrigan. The Court of Appeal’s decision awarded the payment of the pre-retirement death benefit payable under an Ontario registered pension plan to a member’s designated beneficiaries rather than to his common law spouse (Ms Quinn),…
Business Operation: Ontario
Supreme Court Denies Leave in Carrigan
The Supreme Court of Canada will not be providing further clarification regarding the administration of pre-retirement death benefits under section 48 of the Ontario Pension Benefits Act (“PBA”). Today, the Court denied leave to appeal in Quinn v. Carrigan. As first discussed in our FTR Now “Ontario Court of Appeal Decision Rewrites the Pension Pre-Retirement…
Amendment to Sick Leave Credits and Sick Leave Credits Gratuities Regulation Filed
On March 26, 2013, O. Reg. 112/13, amending O. Reg. 1/13 Sick Leave Credits and Sick Leave Credits Gratuities made under the Education Act, was filed. O. Reg. 112/13 adds “Limestone District School Board” to subsection 4(5) of O. Reg. 1/13. That subsection states that employees of the boards specified must have 10 years of…
HRTO Renders Significant Remedies Decision
In the recent decision of Fair v. Hamilton-Wentworth District School Board, a non-union employee was reinstated to employment with back pay, despite having been away from the workplace for nearly a decade. The Human Rights Tribunal of Ontario explicitly rejected the employer’s argument that it would be unfair to order reinstatement in light of the…
SCC to Render Leave to Appeal Decision in Carrigan
On March 28, 2013, the Supreme Court of Canada will render its leave to appeal decision in Quinn v. Carrigan. The majority of the Ontario Court of Appeal awarded the payment of the pre-retirement death benefit payable under an Ontario registered pension plan to a member’s designated beneficiaries rather than to his common law spouse…
Ontario Launches Consultation on Development of Occupational Health and Safety Strategy
The Ontario Ministry of Labour has launched a consultation process further to the development of its first province-wide integrated occupational health and safety strategy. It has issued a consultation paper, “An Integrated Occupational Health and Safety Strategy for Ontario”, for review and comment by stakeholders. Feedback is invited on issues such as: addressing the needs…
Federal Budget 2013 Highlights
On March 21, 2013, the federal government tabled its Budget 2013, Jobs Growth and Long Term Prosperity – Economic Action Plan 2013. Some of the highlights of interest to employers and pension plan administrators include: simplified GST/HST pension plan rules for employers; amendments to the Income Tax Act to permit the correction of reasonable pension…
The Science of Data Breach Prevention and the Art of Breach Response
Organizations should be paying close attention to data loss prevention and response in light of recent developments. Recent media frenzies over the loss of portable storage devices illustrate that individuals’ fears and perceptions can cause great pressure on organizations even when the risk of real harm to individuals is remote. In addition, the risk of…
Federal Gender Identity, Gender Expression Bill Passes Third Reading
On March 20, 2013, Bill C-279, An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity and gender expression), a Private Member’s Bill, passed Third Reading in the House of Commons and proceeded to the Senate for debate. If passed, Bill C-279 will add gender identity and gender expression as…
Registered Human Resources Professionals Act, 2013 Introduced
On March 20, 2013, Bill 32, Registered Human Resources Professionals Act, 2013, was introduced in the Ontario Legislature. Bill 32 is a Private Member’s Bill which is co-sponsored by three Members of Provincial Parliament, one from each of the Liberal, PC and NDP parties. Bill 32 reintroduces Bill 28, Registered Human Resources Professionals Act, 2011,…