The Human Rights Tribunal of Ontario (HRTO) recently issued a decision of particular interest to employers with groups of employees who, although covered by a collective agreement, accrue service…
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Ontario Passes Legislation to Reform Personal Health Information Privacy Laws
On May 18, 2016, significant legislative reforms to the Personal Health Information Protection Act, 2004 (PHIPA) and Quality of Care Information Protection Act, 2004 (QCIPA)…
Ontario Pension Solvency Funding Framework Under Review
Ontario registered defined benefit (DB) pension plans must be funded on the greater of a going concern or solvency basis…
Federal Reforms Introduced to Prohibit Discrimination on Basis of Gender Identity or Gender Expression
On May 17, 2016, the federal government introduced Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code, proposed legislation adding gender identity and gender expression to the list of prohibited grounds of discrimination in the Canadian Human Rights Act (CHRA). If passed, Bill C-16 would protect transgender and gender-diverse…
Court Rules that Education Act Authorizes Payment of Post-Retirement Benefits to Retirees Over Age 65
The Divisional Court has ruled that two school boards have authority under the Education Act (Act) to…
New Regulations Outline Details of Requirements Under Ontario’s Sexual Violence and Harassment Legislation for Colleges and Universities
The Ontario government has filed two regulations mandating the content of sexual violence policies which colleges and universities must develop and implement pursuant to the Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015 (“Act”).
Federal Post – Third Edition
Along with the arrival of spring, we are pleased to bring you the first Federal Post edition of 2016, our newsletter designed exclusively for federally regulated employers…
Appellate Court Finds Settlement for Payment of Bonus Enforceable Despite Breach of Non-Compete Clause
The Court of Appeal recently upheld a motion judge’s finding that an employer was required to pay a bonus despite the fact that the dismissed employee was in breach of a non-compete clause. In Wilson v. Northwest Value Partners Inc., the parties entered into a settlement at mediation regarding Wilson’s claim for benefits (inclusive of…
Ontario Court Rules Putting Students First Act is Unconstitutional
The Ontario Superior Court of Justice declared the Putting Students First Act (PSFA) unconstitutional in its decision OPSEU v. Ontario. The PSFA was repealed in 2013 and the remedy for the constitutional breach has not yet been determined…
Full Payout to End of Fixed Term Contract in Case of Early Termination, No Duty to Mitigate
In Howard v. Benson Group Inc. (The Benson Group Inc.), the Ontario Court of Appeal ruled that in the absence of an express provision specifying a pre-determined notice period or pay in lieu (for early termination without cause), on the early termination of a fixed term contract an employee is entitled to the wages the…