BPS Solvency Funding Relief Regulation Amended

On February 17, 2012, the Ontario government filed an amendment to O. Reg. 178/11 (Solvency Funding Relief For Certain Public Sector Pension Plans) under the Pension Benefits Act. O. Reg. 12/12 prescribes those plans that have successfully applied for and, are receiving, solvency funding relief under O. Reg. 178/11. The Regulation is now in force….

Drummond Commission Reports on Public Service Reform

On February 15, 2012, the Commission on the Reform of Ontario’s Public Services (“Commission”) chaired by Don Drummond released its long-awaited report (“Drummond Report”) identifying wide-ranging reform measures aimed at increasing efficiencies within the broader public service. In June of 2011, the Ontario government tasked the Commission with the examination of its service delivery models,…

Super Priority for CCAA Charges Granted Preference Over Pension Deficits

On February 2, 2012, in On Re Timminco, the Commercial Court granted an order for “super priority” for an Administration Charge ($1,000,000) and Directors’ and Officers’ Charge ($400,000) in preference to other encumbrances, including pension deficits in Timminco’s pension plans (aggregate deficit is in excess of $11,000,000). Justice Morawetz found that federal insolvency legislation, specifically…

Federal Pooled Registered Pension Plan (“PRPP”) Legislation Referred to Committee

On February 1, 2012, Bill C-25, An Act relating to pooled registered pension plans and making related amendments to other Acts passed at Second Reading in the House of Commons, and was referred to the Standing Committee on Finance. As previously reported, Bill C-25 is new legislation implementing the framework for federally regulated PRPPs, and…

Raising the Bar – First Edition

On behalf of the Litigation Practice Group at Hicks Morley, we are delighted to introduce the inaugural issue of Raising the Bar. Our goal is to provide you with timely information and analysis about the key litigation-related legal developments that will have an impact on employers. Our focus is squarely on giving you the practical…

AODA Emergency Preparedness Guides and Compliance Reporting Tool Now Available

As we reported in our November 17, 2011 FTR Now “Are You Prepared for the AODA?,” private and not-for-profit sector organizations in Ontario with at least one employee were subject to a January 1, 2012 deadline to comply with the Customer Service Standards as well as the two emergency preparedness requirements under the Integrated Accessibility…

2012 Winter Edition

FOCUS ON OCCUPATIONAL HEALTH AND SAFETY Boundaries expanding on occupational health and safety LEGAL DEVELOPMENTS The challenges of accommodating environmental sensitivities in the workplace Ontario WSIB: Tackling unfunded liability issues PROFILE Touching all the bases Download PDF

How the New Privacy Tort Will Affect Employers

On January 18th, 2012, the Court of Appeal for Ontario in Jones v. Tsige recognized a new “intrusion upon seclusion” civil cause of action. In this FTR Now, we describe the new cause of action (or “tort”) and identify its significance to employers. THE INTRUSION UPON SECLUSION TORT Under Ontario law it is now clear…

Ten Questions and Answers about Computer Use Policies

It’s January 2012. Last year the Court of Appeal for Ontario recognized that an employee had a reasonable expectation of privacy that arose out of his personal use of a work computer. As discussed in a companion FTR Now called How the New Privacy Tort Will Affect Employers, this month the Court of Appeal recognized…