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…

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:…

Addressing the Retirement System “Gap”: PRPPs Now Available in Ontario

In 2012, the federal government introduced a new type of tax-preferential workplace pension plan, the Pooled Registered Pension Plan (PRPP). Ontario is one of six Canadian provinces to have incorporated PRPP legislation into its existing provincial retirement framework, through the implementation of legislation last Fall. In this FTR Now, we explain the key features of…

HRTO Decision Clarifies Family Status Accommodation Test and Finds Reasonable Investigation Conducted

In Ananda v. Humber College Institute of Technology & Advanced Learning, a recent decision of the Human Rights Tribunal of Ontario (Tribunal), the Tribunal confirmed its approach to assessing claims of family status discrimination (in this case, involving eldercare) and described some of the features of a picture-perfect human rights investigation…

FTR Quarterly – Issue 6

In This Issue Gender Identity and Gender Expression: Best Practices for Employers and Service Providers FTRQ&A – Bill C-45, the Cannabis Act Quick Hit – Changing Workplaces Review: A Bill 148 Timeline The Dos & Don’ts of Employment Reference Letters: Best Practices for Employers Featured Lawyer – Simon Mortimer Featured Group – Pay Equity Featured Articles…

The Supreme Court’s Decision on Proving Mental Injury and its Implications for Employers

In a recent decision, Saadati v. Moorhead, the Supreme Court of Canada unanimously held that proof of a recognized psychiatric injury is no longer necessary to award damages for mental injuries caused by negligence. Although this finding was made in the context of a personal injury case, it may have implications for employers. The plaintiff/appellant…