Accommodating Childcare Needs: Understanding Your Obligations

In a recent edition of FTR Now, we reported on two significant Federal Court decisions, Johnstone v. Canada and Seeley v. Canadian National Railway, which confirmed that employers have an obligation to accommodate their employees’ childcare needs. Since the date that FTR Now was published, these two decisions have continued to generate a considerable amount…

Regulation under Section 80.1 of the Pension Benefits Act Proposed

The Ontario government has proposed a new regulation relating to pension asset transfers made under section 80.1 of the Pension Benefits Act (“Act”). Proposed content for this regulation was previously posted for consultation in July 2011. This regulation is required before section 80.1 of the Act comes into effect. Once proclaimed into force, that section…

University’s Removal of Controversial Posters Not Discriminatory under Human Rights Code

In its recent decision SAIA v. Carleton University, the Human Rights Tribunal of Ontario (“Tribunal”) found that the decision by Carleton University to remove certain posters from its campus was not discriminatory, nor was it driven by discriminatory animus against Palestinian students. The University had a policy that posters must be approved by the appropriate…

Court of Appeal for Ontario Clarifies Obligation to Report Injuries to Non-Workers

The recent Blue Mountain Resorts decision of the Court of Appeal for Ontario has clarified the circumstances in which employers are required to report a critical injury or fatality suffered by a non-worker under the Occupational Health and Safety Act (“OHSA”). This FTR Now reviews the decision and its implications for employers. BACKGROUND On December…

Carrigan v. Carrigan Estate Update: Ontario Pension Regulator Supports Common-Law Spouse’s Appeal

As first discussed in our FTR Now of November 7, 2012 “Ontario Court of Appeal Decision Rewrites the Pension Pre-Retirement Death Benefit Regime“, the decision in Carrigan v. Carrigan Estate fundamentally altered the interpretation of spousal rights and priorities relating to payment of pre-retirement death benefits. The Court of Appeal awarded the pre-retirement death benefit payable under…

Certain Education Act Regulations Revoked

On January 25, 2013, the Ontario government filed O. Reg. 38/13 made under the Education Act. The Regulation revokes the following regulations made under the Education Act, effective January 25, 2013: Regulation 287 of R.R.O. 1990 – Designation of School Divisions Regulation 288 of R.R.O. 1990 – Designation of Support Staff Regulation 289 of R.R.O….

Regulatory Changes to 2013-2014 Professional Activity Days Filed under Education Act

On January 21, 2013, the Ontario government filed O. Reg. 13/13, amending Regulation 304, School Year Calendar, Professional Activity Days, made under the Education Act. Among other things, O. Reg. 13/13 amends subsection 2(3.1) (requirement that every school year shall include a minimum of 194 school days as designated) to add that for the school…