Mariana provides advice to federally and provincially regulated employers on all aspects of workers’ compensation claims and appeals, such as initial entitlement, accommodation and related human rights and arbitration proceedings.
Industry: Construction
New Definition of “Spouse” in Ontario to Affect Plan Administration, Insurance & Succession Rules
Pending legislative changes to the definition of “spouse” in Ontario are set to impact pension plan administration and insurance claims in Ontario, further to amendments recently enacted by Bill 28, All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016…
Appellate Court Clarifies Use of Subsequent Conduct Evidence in Resolving Ambiguous Contract
In an important decision regarding the law of contractual interpretation, Shewchuk v. Blackmont Capital Inc., the Ontario Court of Appeal considered when the subsequent conduct of parties can be considered in interpreting a contract made between those parties…
Appellate Court Refuses to Extend Time for Filing of Leave to Appeal: Case Lacked Merit
In Reid v College of Chiropractors of Ontario, the Ontario Court of Appeal recently reviewed the test for extending time to file leave to appeal. The Court dismissed the motion for an extension of time on the basis that the proposed appeal lacked merit. The decision provides a helpful summary of the test for extending…
Supreme Court Affirms Supremacy of Solicitor-Client Privilege
In Alberta (Information and Privacy Commissioner) v. University of Calgary, a majority of the Supreme Court of Canada (with two justices partially concurring) affirmed that the University of Calgary was justified in its refusal to produce certain documents over which it had claimed solicitor-client privilege to the Information and Privacy Commissioner of Alberta (Commissioner). The…
WSIB Rate Framework Approved
On November 14, 2016, the Board of Directors of the Workplace Safety and Insurance Board (WSIB) approved its new Rate Framework which fundamentally changes the way the WSIB classifies Schedule 1 employers and sets their premium rates. The Rate Framework has a targeted implementation date of January 2019. On the same date, the Board of…
Don’t Rush to Summary Judgment!
The Court of Appeal has overturned a decision by a motion judge which allowed the plaintiffs’ wrongful dismissal actions to be decided by way of summary judgment motion. In Singh v. Concept Plastics Limited, the two plaintiffs were long-term former employees of Concept Plastics. Both brought motions to resolve their actions by way of summary…
Ontario Proposes Creation of Employer “Health and Safety Management Systems” under OHSA
On November 16, 2016, the Ontario government introduced Bill 70, Building Ontario Up for Everyone Act (Budget Measures), 2016, omnibus legislation that would, among other things, amend the Occupational Health and Safety Act (OHSA) to provide for the establishment of employer “health and safety management systems.” Specifically, the amendments would: define “health and safety management…
Ontario Proposes Significant Overhaul of Pension Regulatory Framework
On November 16, 2016, the Ontario government introduced Bill 70, Building Ontario Up for Everyone Act (Budget Measures), 2016, omnibus legislation that would, among other things: enact the Financial Services Regulatory Authority of Ontario Act, 2016 to establish a new framework for the creation of the Financial Services Regulatory Authority of Ontario (FSRA), replacing both…
Appellate Court Affirms the Importance of Clearly Drafted Minutes of Settlement
In a recent decision of the Ontario Court of Appeal, RJM56 Investments Inc v Kurnik, the Court supported an employer’s reasonable conduct in withholding and remitting amounts owing to the Canada Revenue Agency (CRA) in the face of ambiguous minutes of settlement, and in so doing emphasized the need for carefully drafted minutes of settlement….