On April 4, 2017, the New Democratic Party (NDP) of Ontario introduced private member legislation that would amend the Labour Relations Act, 1995 (Act) to bring “card check” union certification back to Ontario for the first time since 1995, and to implement a new first contract arbitration process. It is important to note that private…
Industry: Government Ministries & Agencies (Federal and Provincial)
2017 Federal Budget Released
On March 22, 2017, the federal government tabled its 2017 Budget, Building A Strong Middle Class (#Budget2017)…
Appellate Court Finds Labour Arbitrator has Jurisdiction in EI Premium Reduction Case
In a recent decision, the Ontario Court of Appeal underscored the importance of judicial deference to the arbitration and grievance process…
Appellate Court Finds Termination Clause Unenforceable for Breach of ESA
The recent dismissal by the Supreme Court of Canada of an employee’s leave to appeal an appellate decision which upheld the enforceability of a minimum standards-only termination clause was good news for employers…
Regulation Classifying Employers Under WSIA Amended
On December 16, 2016, the Ontario government filed O. Reg. 470/16, amending O. Reg. 175/98 “General” made under the Workplace Safety and Insurance Act, 1997 (Act)…
FTR Quarterly – Issue 4, Volume 1
This issue features articles on; Human Resources Trends and Issues to Watch in 2017, the Top 10 Developments in Human Resources Law in 2016 and the Featured Lawyer is Amy R. Tibble…
Default Judgment Giving Rise to New Tort of “Public Disclosure of Embarrassing Private Facts” Set Aside
Early in 2016, we reported on a case in which the Ontario Superior Court articulated a new private tort: “public disclosure of embarrassing private facts.” The plaintiff in that case had been coaxed by a former boyfriend (the defendant) to send him a sexually explicit video of herself. Despite promising the plaintiff confidentiality, the defendant…
Clarifying Pension Portability in Ontario for Retired Members
With the publication of draft regulations to support recent amendments to the Pension Benefits Act (PBA), the PBA will soon expressly permit…
Ontario Establishes Shared Health Services Agency for LHINs
The Ontario government has filed a new regulation under the Local Health System Integration Act, 2006 (Act) to further support recent reforms to the province’s frontline healthcare service delivery model. Now in effect, O. Reg. 456/16 formally establishes the “Health Shared Services Ontario” Agency (Agency) pursuant to the regulatory powers set out in section 39…
Tribunal Sets Out New Test for “Danger” under Canada Labour Code
In an important decision for all federally regulated employers, the Occupational Health and Safety Tribunal of Canada (OHSTC) released its first decision interpreting the new definition of “danger” under the Canada Labour Code (Code)…