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Business Operation: Ontario
Hicks Morley Information & Privacy Post – Summer 2008
ENJOY YOUR SUMMER! We hope you enjoy this mid-summer edition of the Hicks Morley Information & Privacy Post – our quarterly newsletter about case law developments in privacy, access to information, the protection of confidential business information and the law of production. We’ve had a busy summer for client relations here, having recently launched a…
Supreme Court of Canada Says Privacy Commissioner Can’t Decide Privilege Claims
The Supreme Court of Canada issued its much-anticipated decision in Blood Tribe earlier this month. In a judgement written by Mr. Justice Binnie, it unanimously held that the Privacy Commissioner of Canada does not have the power to compel production of records over which an organization claims solicitor-client privilege. In doing so, the Court affirmed…
No Surplus Distribution Required on Partial Termination of Federally-Regulated Pension Plans
In its much anticipated decision in Cousins v. Canada (Attorney General) and Marine Atlantic Inc. (“Marine Atlantic”), the Federal Court of Appeal has concluded that the federal Pension Benefits Standards Act, 1985 (the “PBSA”) does not require a proportionate distribution of surplus on a partial termination of a defined benefit (DB) pension plan. The Federal…
Protect Your Domain Name from Rogue Departing Employees
We have recently helped a number of our clients retain and regain control of registered domain names that have either been threatened or taken by departing employees. We suggest you take steps to control against this risk. WHAT’S IN A NAME? A domain name may seem like a simple piece of intellectual property, but once…
Honda Canada Inc. v. Keays: The Supreme Court of Canada Strikes Down Landmark Damages Award
INTRODUCTION It is difficult to recall an employment law case which has generated as much interest, or created as much debate, as the litigation between Kevin Keays and his former employer, Honda Canada Inc. The trial decision, which was released in 2005, created a shockwave within the employer community, with its blistering critique of Honda’s…
Amendments to the Colleges Collective Bargaining Act
The government introduced the proposed amendments to the CCBA yesterday afternoon. It is anticipated that it will go to committee in the summer and be passed sometime in the fall. PART TIME BARGAINING UNITS In addition to maintaining the existing full time bargaining units, The Act creates two new province wide bargaining units, one for…
Government to Review the ESA “Elect To Work” Exemption and the Use of Temporary Help Agencies
On May 21, 2008, the Ontario Ministry of Labour released a consultation paper entitled A Consultation Paper on Work through Temporary Help Agencies. The paper is seeking input on a number of issues specifically related to Temporary Help Agencies, including: barriers to permanent employment (whether through fees or contractual restrictions); fees charged to workers by…
More Information on Family Status Accommodation
As many of you will know, we are currently presenting a series of client conferences across the province. One of the human rights issues we have been featuring in our conferences is the accommodation of family status. We have received some requests from attendees for case citations for some of the decisions referenced in our…
OHRC Draft Policy on Mental Health Discrimination and Police Record Checks
In February 2008, the Ontario Human Rights Commission released a Draft Policy on Mental Health Discrimination and Police Records Check for public consultation. The draft Policy is aimed at addressing concerns that the requirements, policies and practices relating to police record checks can have a discriminatory impact on persons with mental health-related disabilities and those…