Business Operation: Ontario

New Roadmap for Summary Judgment Motions Developed by SCC

· 2 min read

In a case involving the use of summary judgment motions (Hryniak v. Mauldin, 2014 SCC 7) , the Supreme Court of Canada discussed access to justice issues in providing courts with guidance on the test for such motions. It held that summary judgment rules must be “interpreted broadly, favouring proportionality and fair access to the…

Court of Appeal for Ontario considers mitigation in OHSA sentencing case

· 2 min read

In Ontario (Labour) v. Flex-N-Gate Canada Company, the Court of Appeal for Ontario found that corrective action taken by an employer to merely comply with a safety order following a workplace accident was not a mitigating factor for sentencing purposes under the Occupational Health and Safety Act (“OHSA”), and that fines for multiple OHSA breaches…

Federal Budget 2014 Introduced

· 1 min read

Today, the federal government tabled its Budget 2014, The Road to Balance: Creating Jobs and Opportunities (Economic Action Plan 2014), a brief summary of which is outlined in a Department of Finance news release.  Hicks Morley is in the process of reviewing the Budget. An FTR Now outlining the Budget’s highlights for employers and pension plan…

Ontario Proposes “10% Rule” Exemption for U.S. Government Securities

· 1 min read

On February 5, 2014, the Ontario government published proposed amendments to Regulation 909 under the Pension Benefits Act that would, if adopted, exempt investments in securities issued and fully guaranteed by the government of the United States of America (“U.S.”) from the so-called “10% rule” in respect of the quantitative investment limits applicable to registered…

Recent Award on DECE Breaks: Implications for School Boards

· 8 min read

In an arbitration award released on January 17, 2014, Arbitrator George Surdykowski ruled that Designated Early Childhood Educators (“DECEs”) may not be scheduled to take breaks during the instructional day “unless appropriate and permissible replacement arrangements are made”. The Award makes it clear that such “arrangements” must involve the scheduling of a “replacement DECE” so…

Mere compliance with OHSA order not a mitigating sentencing factor, says Ontario Court of Appeal

· 4 min read

Flex-N-Gate, an automobile parts manufacturer, was charged under the Occupational Health and Safety Act (“OHSA”) after a worker badly injured her foot while unbundling 5200 bounds of metal sheets. At the time of the accident the injured worker was following company procedure. A Ministry of Labour (“MOL”) inspector investigated the accident and issued two orders…

Supreme Court Weighs in on Summary Judgment

· 4 min read

Yesterday, the Supreme Court of Canada rendered two companion decisions in which it clarified the scope and process of summary judgment motions. In the unanimous decision, the Supreme Court provides some much needed guidance to the legal profession on the proper use of summary judgment motions in what the Supreme Court recognizes is a changing…

Federal Government Amends Temporary Foreign Worker Regulations

· 2 min read

Further to the federal government’s Budget 2013 commitment, regulatory amendments under the Immigration and Refugee Protection Act were published on January 1, 2014. The Regulations Amending the Immigration and Refugee Protection Regulations (“Regulations”) implement a new compliance verification and enforcement regime, including enhanced Citizenship and Immigration Canada (“CIC”) and Employment and Social Development Canada (“ESDC,”…

HRSDC Renamed Department of Employment and Social Development Canada (ESDC)

· 1 min read

The Department of Human Resources and Skills Development Canada (commonly known as “HRSDC”) has been rebranded as the Department of Employment and Social Development Canada (“ESDC”). As previously reported, this change was implemented by the coming into force of Bill C-4, the Economic Action Plan 2013 Act, No. 2.