Effective January 1, 2010, the Rules of Civil Procedure governing all civil litigation matters brought in the Superior Court of Ontario will come into force. This FTR Now highlights some of the key changes that will impact the manner in which employment-related actions are litigated, including wrongful dismissal claims, constructive dismissal claims, and claims for…
Business Operation: Ontario
MOL to Target Slips, Trips and Falls in a School Board Safety Blitz
The Ministry of Labour (“MOL”) has announced a series of safety blitzes scheduled for November of 2009 that will target slips, trips and falls (“Falls”), and that may affect your schools. Inspectors will visit schools to discuss Falls and to review plans to prevent Falls, particularly in parking lots [1], and will focus on assessing…
Ban on Hand-Held Devices And Display Screens Starts In October
In our FTR Now of September 24, 2009, “Cell Phone and Blackberry Restrictions For Drivers Are Coming Into Force: Is Your Workplace Ready?,” we provided you with a detailed overview of the new legislation restricting the use of hand-held mobile technology devices and presence of display screens while driving. Yesterday, the Ontario Government announced that…
School Board Update
IN THIS ISSUE 2009 Hicks Morley School Board Conference Teaching Assignments for Principals Cyberbullying Probationary Employees EA Travel Time WSIB LOE Benefits for Retirees Pay Equity Retiring Gratuities School Board Governance Grouped Classes 2009 HICKS MORLEY SCHOOL BOARD CONFERENCE – FRIDAY, NOVEMBER 20, 2009 On Friday, November 20, Hicks Morley will present its 2009 School…
Recent Developments under the AODA
It was a busy summer of new developments under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”), several of which employers and other organizations should note: the “Initial Proposed Accessible Built Environment Standard” was released for public comment; the “Final Proposed Accessible Information and Communications Standard” was submitted to the Minister for approval; the…
Kerry Decision to be Released this Friday August 7th
The Supreme Court of Canada (SCC) has announced that its decision in Nolan v. Kerry (Canada) Inc. will be released at 9:45 a.m. on Friday August 7, 2009. It is anticipated that the SCC decision will provide much needed guidance on a number of important issues, including: the use of pension fund assets to pay…
Prior Approval for Commuted Value Transfers Now Required
Due to recent changes to the Regulations under the Ontario Pension Benefits Act, administrators of underfunded defined benefit pension plans registered in Ontario must in certain situations obtain the approval of the Superintendent of Financial Services of Ontario (the “Superintendent”) before transferring any part of the commuted value of a terminated member’s deferred pension or…
Critical Injury or Fatality of a Non-Worker: To Report or Not To Report?
A guest drowns in the hotel pool. Does the hotel need to report the fatality to the Ministry of Labour under subsection 51(1) of the Occupational Health and Safety Act (“OHSA”)? According to a recent decision by the Ontario Labour Relations Board, the answer is “yes”. The Labour Board found that employers and contractors are…
Solvency Funding Relief is Here
This week saw the culmination of many months of work by the Ontario and Federal Governments with respect to solvency funding relief measures. As of yesterday, June 24, 2009, both sets of solvency funding relief regulations have been enacted. The new regulations attempt to balance the goals of maintaining benefit security for employees and retirees,…
Access and Production Requirements and Records Possessed by Faculty Members
The Canadian Association of University Teachers recently published a memorandum about records in the possession of faculty members that raises some significant issues for Ontario universities. In a memorandum dated April 8, 2009, and now published on the internet, the association states, “Based on collective agreements, memorandum of agreements, faculty handbooks and on past practice…