On April 27, 2012, Mr. Justice George Strathy of the Ontario Superior Court of Justice released his decision in which he dismissed a motion for certification of a proposed class action brought by Michael Brown and Brian Singer, on behalf of current and former “Analysts,” “Investment Advisors” and “Associate Investment Advisors” employed by the Canadian…
Business Operation: Ontario
Long-Awaited Grow-In, Regulatory Pension Reforms Released
On Monday, April 30, 2012, the Ontario Ministry of Finance published long-awaited, proposed regulatory amendments under the Pension Benefits Act (“Act”), including additional, proposed prescribed “activating events” for the purposes of grow-in benefits that come into force on July 1, 2012, for public commentary.
Draft Regulations to the Pension Benefits Act Released
On April 30, 2012, the Ontario government released a draft regulation amending Regulation 909 (General) made under the Pension Benefits Act (“Act”) for commentary by June 1, 2012. Among other things, the proposed regulation would: enable the proclamation of the “retired member” provisions in the Act; implement immediate vesting for plan members and enable the…
Regulation Proposed To Extend Filing Deadlines of Public Sector, BPS Pension Plans
The Ontario government has proposed an amendment to Regulation 909 made under the Pension Benefits Act, Filing Extension for Certain Pension Plans in the Public Sector and Broader Public Sector. This regulation would extend the timeframe for these pension plans to file their actuarial valuation reports and extend the time for the commencement of special…
Federal Budget Implementation Bill Introduced (C-38)
On April 26, 2012, the federal government introduced Bill C-38, Jobs, Growth and Long-term Prosperity Act, omnibus legislation intended to give effect to certain key initiatives outlined in its Budget 2012. Among other matters, Bill C-38 would, if passed, amend Part I of the Canada Labour Code (“Code”) to require each party to a collective…
Education Act Regulatory Amendment Filed (Honoraria)
On April 18, 2012, the Ontario government filed an amendment to O. Reg. 357/06 under the Education Act (Honoraria for Board Members). O. Reg. 57/12 adds a new Part II (Rules For The Period From April 1, 2012 To March 31, 2014), imposing a temporary limit on honoraria for a chair, vice-chair or other member…
Ontario Announces Consultations on Public Sector Pension Plans
The Ontario government has announced that it will begin consultations on a new legislative framework for jointly sponsored public sector pension plans. Further to its 2012 Budget reform proposals, the proposed framework will include as follows: in case of a new funding deficit, plans would be required to reduce future benefits or ancillary benefits before…
Retirement Homes Act Provisions Come Into Force
Effective April 15, 2012, certain provisions of the Retirement Homes Act came into force, including sections 34 to 49 of Part III (Licence to Operate a Retirement Home). Sections dealing with safety standards and compliance, staff skills, prescribed qualifications and training as well as Orders of the Registrar and Appeals (Part V), among other matters,…
College Update
The Colleges Practice Group at Hicks Morley is pleased to introduce our first FTR Now edition of College Update. Our College Update is designed to provide you with timely legal updates on topics that are of particular interest to the Colleges community, as well as information about, and analysis of, key developments that impact your…
No Vacation from Justice: The SCC Rewrites the ‘Real And Substantial Connection’ Test
The Supreme Court of Canada has rewritten the ‘real and substantial connection’ test for determining when a court can assume jurisdiction over a dispute. In Club Resorts Ltd. v. Van Breda, the Court created a list of ‘connecting factors’ that, when present, will lead to a presumption of jurisdiction and allow a court to assume…