Class action proceedings often end in negotiated settlements. Those settlements (which must be approved by a court) can be significant in monetary terms. In Manuge v. Canada, the Federal Court recently approved the settlement of a class action arising from the alleged miscalculation and underpayment of disability pension benefits for members and veterans of the…
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Arbitrator Considers Interplay of Canada Labour Code Sick Days and Employer-Provided Benefits
In United Steelworkers Local 14193 v Cameco Fuel Manufacturing Inc. (Cameco Fuel), Arbitrator Nyman considered the permissibility of offsetting banked Canada Labour Code sick days against an existing entitlement to employer-provided sick leave benefits under a short-term disability (STD) plan. Background On December 1, 2022, amendments to the Canada Labour Code (CLC) came into force entitling all…
Ontario Human Rights Commission Issues Policy Position on Caste-Based Discrimination
The Ontario Human Rights Commission (Commission) recently released a policy position addressing the issue of caste-based discrimination and confirming the Commission’s perspectives concerning caste-based discrimination as a form of intersectional discrimination contrary to the Ontario Human Rights Code (Code). In its Policy Position on Caste-Based Discrimination (Policy Position), the Commission provides its views on whether…
IPC Power to Determine Administrative Monetary Penalties Takes Effect
On January 1, 2024, changes to the General Regulation made under the Personal Health Information Protection Act (PHIPA) took effect (see O. Reg. 343/23). The changes stipulate how the Information and Privacy Commissioner of Ontario (IPC) determines the amount of administrative monetary penalties (AMPs) issued as part of its enforcement powers for violations of PHIPA….
Looking Ahead to 2024: A Newsletter for Social Services Employers
Dear Friends, As we welcome 2024, we are back with another edition of Reaching Out. Over the last year, we have seen our social services clients continue to deal with budget challenges and labour shortages. Many are providing permanent and/or hybrid remote work arrangements, where possible, to attract and retain employees. Accordingly, we provide a…
2023 in Review – Key Legislative Updates
Last week we published “The Year in Review – 2023 Cases of Note.” This week we are back with our review of notable legislative updates from 2023 that we believe will be of interest to employers, human resources professionals and pension plan administrators. We also identify some legislation to watch for in 2024. Ontario Employment…
Ontario Court of Appeal Clarifies Transition Provision in Class Proceedings Act, 1992
Ontario’s class proceedings legislation was amended in 2020 and the Ontario courts have recently addressed the question of “transition” for cases begun under the “old” version of the legislation. In Martin v. Wright Medical Technology Canada Ltd., the Ontario Court of Appeal confirmed that there is a “bright line” between actions started under the Class…
New Transparency Requirements for Corporations Subject to the Canada Business Corporations Act Come Into Force on January 22, 2024
The federal government has proclaimed January 22, 2024 as the coming into force date for certain provisions of the Canada Business Corporations Act (CBCA) that were enacted by the Budget Implementation Act, 2022, No. 1. Corporations which are subject to the CBCA (Corporations) will now have additional reporting obligations regarding their registry of individuals with significant…
The Year in Review – 2023 Cases of Note
We are back with our annual review of the prior year’s notable cases that we believe will be of interest to employers and human resources professionals. We also identify some cases to watch for in 2024. Next week, we will bring you our review of notable 2023 legislative updates. Cases of Note Employment Termination of…
Fighting Against Forced Labour and Child Labour in Supply Chains Act Coming Into Force January 1, 2024
Passed by the federal government in the spring of 2023, Bill S-211, Fighting Against Forced Labour and Child Labour in Supply Chains Act (Act) is coming into force on January 1, 2024. Organizations subject to the Act will be required to submit annual reports to the Minister of Public Safety and Emergency Preparedness (Minister) outlining…