On September 7, 2017, the Ministry of Education announced their three-year plan for education equity. The “Education Equity Action Plan” (Plan) will serve as a roadmap in the province’s effort to identify and eliminate systemic barriers to student success. Find out more in this FTR Now.
Category: Uncategorized
IMEs and the Scope of an Employer’s Communications with IME Examiners
The Ontario Court of Appeal has denied leave to appeal a judicial review of a Human Rights Tribunal of Ontario (Tribunal) decision that found an employer’s request for an Independent Medical Examination (IME) as part of the accommodation process reasonable in the circumstances. This case further provides helpful guidance with respect to the scope of…
Union Need Not be Involved in Every Accommodation Request, Appeal Court Rules (and the Supreme Court Agrees)
Earlier this year, the British Columbia Court of Appeal issued a helpful decision for employers dealing with accommodation issues in a unionized context. On September 7, 2017, the Supreme Court of Canada denied the union’s request for leave to appeal from the B.C. Court of Appeal decision. The B.C. Court of Appeal decision considered the…
Ontario Court Declines to Consider Wrongful Dismissal Action Where Ontario Resident Worked in Michigan
In its recent decision in Koutros v Persico USA Inc., the Ontario Superior Court of Justice set aside the service of a Statement of Claim and stayed an action on the basis that Michigan (not Ontario) was the appropriate jurisdiction in which to dispute the termination of an employment contract. The plaintiff lived near Windsor…
Proposed Data Breach Regulations Under PIPEDA Published
On September 2, 2017, the federal government published the proposed regulatory text of the Breach of Security Safeguards Regulations (Regulations) made under the Personal Information Protection and Electronic Documents Act (PIPEDA). Interested persons have been invited to make representations on the Regulations. As previously reported, amendments to the PIPEDA enacted by the Digital Privacy Act…
SJTO Launches New HRTO Pilot Project for Children and Youth Cases
Earlier this summer, the Child and Youth Division of the Social Justice Tribunals of Ontario (SJTO) launched a pilot project to stream child and youth cases from the Human Rights Tribunal of Ontario (HRTO), and to provide access to specialized panels of adjudicators and mediators with expertise in child and youth issues and an understanding…
Immunization of School Pupils Act Amendments Coming into Force September 1, 2017
On September 1, 2017, sections 1, 2, 3 and 5 of Schedule 2, Bill 87, the Protecting Patients Act, 2017, amending the Immunization of School Pupils Act (Act) will come into force. Among other things, the amendments require that the parent of a pupil complete an immunization education session with a medical officer of health…
WSIB Launches Public Consultation on Draft Policies for New Rate Framework
The Workplace Safety and Insurance Board (WSIB) has launched a public consultation on seven draft policies made in support of its new Rate Framework, which was approved by the WSIB Board of Directors in November 2016. The Rate Framework has a targeted implementation date of January 2019. Comments are invited on the following draft policies:…
New Annual Quality Improvement Plan “Indicators” for Healthcare Organizations
Effective July 19, 2017, healthcare organizations are required to include indicators identified by the Minister in annual quality improvement plans (AQIP) under the Excellent Care for All Act, 2010 regulations. Specifically, amendments to the regulations outlined in O. Reg. 280/17 provide that the Minister, after having considered the advice of the Council, may direct a…
Employees on LTD Not Automatically Entitled to Continued Employment for Purposes of Maintaining Group Benefits Coverage
In a recent decision, Corporation of the Township of Langley v. Canada Union of Public Employees, Local 403, the British Columbia Labour Relations Board set aside and ordered the reconsideration of an arbitration decision in which the Arbitrator had ruled that terminations of several employees on long-term disability (LTD) was discriminatory. Each of the terminated…