The Workplace Safety and Insurance Board (WSIB) has implemented five new policies to replace the existing policies relating to early and safe return to work, re-employment and work transition (formerly Labour Market Re-entry (LMR)). The primary focus of these policies is to ensure that an injured worker returns to work with his or her employer….
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C-28, formerly the “Fighting Internet and Wireless Spam Act“
As we reported, Bill C-28 (formerly the Fighting Internet and Wireless Spam Act), received Royal Assent on December 15, 2010, and will come into force on a day to be fixed by order of the Governor in Council. Bill C-28 was originally introduced with a Short Title, the Fighting Internet and Wireless Spam Act. At…
Sovereign Immunity and The “Commercial Activity” Exception
Late last year, the Supreme Court of Canada ruled that Iraq could not rely on state immunity to bar the enforcement of an English judgment ordering Iraq to pay CAD$84 million to the Kuwait Airways Corporation. In Kuwait Airways Corp. v. Iraq [1], the Court determined that within the context of the dispute, Iraq was…
Ontario Court Finds Decision of Human Rights Tribunal to be Factually and Legally Flawed
The Ontario Divisional Court has recently found that a decision of the Ontario Human Rights Tribunal was legally and factually unsupportable and that it was “simply not possible to logically follow the pathway taken by the adjudicator and to determine the reasonableness of the conclusions reached.” In Audmax v. Human Rights Tribunal of Ontario and…
2011 Winter Issue
FOCUS ON MUNICIPAL Municipal miracles – doing more with less LEGAL DEVELOPMENTS Attendance management and innocent absenteeism Child-related responsibilities and family status protection PROFILE From farm to firm Download PDF
House of Commons Resumes Sitting
On January 31, 2011, the House of Commons resumed sitting.
School Board Update – The Prep Time Payback Saga
School boards will recall that the topic of “missed preparation time” was addressed in the 2009 Provincial Discussion Table (“PDT”) negotiations. This led to provincial template language that stated “missed preparation time shall only be re-scheduled where a teacher is required by the principal to provide instruction during his or her scheduled preparation time for…
Bill C-28 Receives Royal Assent
On December 15, 2010, Bill C-28 (formerly the Fighting Internet and Wireless Spam Act), received Royal Assent. The Bill will come into force on a day to be fixed by order of the Governor in Council. As previously reported, the Bill enacts comprehensive anti-SPAM legislation and specifically amends PIPEDA to prohibit the collection of personal…
Compliance Reports Regulation Filed Under Wage Freeze Act
On January 17, 2011, the Ontario government filed O. Reg. 6/11 under the Public Sector Compensation to Protect Public Services Act, 2010. The regulation specifically prescribes the following Compliance Reports, which are required to be given to the Minister under section 13(1) of the Act (Reports by employers): a compliance report for the period beginning…
Ambulance Act Regulation Filed
On December 30, 2010, the Ontario government filed amendments to Regulation 257/00 (General) under the Ambulance Act. O. Reg. 527/10 changes the heading of Part V from “Standard of Patient Care and Transportation” to “Standard of Patient Care and Documentation”, among other things. The amendments also add a new section 11.1, requiring ambulance operators, emergency…