What happens when a private school student smokes marijuana in his residence on the night before his final day in his final year of high school? This issue arose in a recent case before the Divisional Court, where the school allowed the student to withdraw (without his private school diploma and without permission to attend…
Business Operation: Ontario
Second Omnibus Budget Bill (C-45) Receives Royal Assent
On December 14, 2012, Bill C-45, Jobs and Growth Act 2012, passed Third Reading in the Senate and received Royal Assent. As previously reported, Bill C-45 is the federal government’s second omnibus budget bill which gives effect to certain initiatives contained in its Budget 2012. The Bill should be consulted for coming into force information….
Helping Families in Need Act Receives Royal Assent
On December 14, 2012, Bill C-44, Helping Families in Need Act, received Royal Assent. As previously reported, Bill C-44 will, among other things, make certain amendments to the Canada Labour Code regarding an employee’s right to take leave if his or her child is critically ill or dies or disappears as the suspected result of…
When is a Pension Assignment not an Assignment?
Pension plan administrators are often required to interpret the wording of court orders and separation agreements to determine whether there is a valid and effective assignment of an interest to a member’s former spouse. Until now, the courts have not provided clear guidance on what language is needed in order to create an assignment. On…
Bill Requiring Disclosure of Information by Labour Organizations Passes Third Reading
On December 12, 2012, Bill C-377, An Act to amend the Income Tax Act (Requirements for labour organizations) passed Third Reading in the House of Commons and proceeded to the Senate for First Reading. As previously reported, Bill C-377 is a private member’s bill which, if passed, will amend the Income Tax Act to require…
Helping Families in Need Act Awaiting Royal Assent
On December 12, 2012, Bill C-44, Helping Families in Need Act, passed Third Reading in the Senate and is now awaiting Royal Assent. As previously reported, Bill C-44 will, among other things, make certain amendments to the Canada Labour Code regarding an employee’s right to take leave if his or her child is critically ill…
Mandatory WSIB Coverage for Construction Industry to Commence January 1, 2013
As previously reported, effective January 1, 2013, amendments to the Workplace Safety and Insurance Act, 1997 outlined in Bill 119, the Workplace Safety and Insurance Amendment Act, 2008 will extend mandatory WSIB coverage to certain persons in the construction industry. These amendments will apply, with certain exceptions, to independent operators, sole proprietors, executive officers and…
Are Decisions of Private Schools Subject to Judicial Review? Does it Matter?
In the recent decision Setia v. Appleby College, a student at Appleby College, a private school in Oakville, was expelled “after he admitted to smoking marijuana in a friend’s dormitory the night before the final day of his sixth and final year at Appleby College.” The boy’s mother attempted to contact the principal, but “was…
Federal Budget Bill (C-45) Passes Third Reading
On December 5, 2012, Bill C-45, Jobs and Growth Act, 2012, passed Third Reading in the House of Commons and will proceed to the Senate for debate. As previously reported, Bill C-45 is the federal government’s second omnibus budget bill which, if passed, will give effect to certain initiatives contained in its Budget 2012. For…
Third Window for BPS Solvency Funding Relief Proposed
On December 5, 2012, the Ontario government posted a regulatory proposal regarding amendments to O. Reg. 178/11 (Solvency Funding Relief for Certain Public Sector Pension Plans), made under the Pension Benefits Act. Comments on the proposal are due by January 20, 2013. Under the proposal, the third and final window for solvency funding relief for…