On April 11, 2017, the federal government introduced Bill C-44, the Budget Implementation Act, 2017, No. 1, omnibus legislation that would enact various measures outlined in its 2017 Budget. The accompanying Department of Finance Backgrounder indicates that Bill C-44 would, among other things, amend the Employment Insurance Act to: allow parents to choose to receive Employment…
Industry: Healthcare
New Private Member Bill Proposes “Card Check” Unionization, First Contract Arbitration Model for Ontario
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…
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…
Executive Compensation Program Implementation – Lessons Learned to Date
Much has happened since the Ontario government released Regulation 304/16 (Regulation), made under the Broader Public Sector Executive Compensation Act, in September 2016. The Regulation provided long-anticipated direction to broader public sector employers…
Addiction Defence to Theft of Hospital Opioids Not a “Get Out of Jail Free Card”
Theft of opioids by an employee who subsequently asserts a substance abuse problem can be a particularly challenging workplace issue for healthcare sector organizations. But in this most recent case, the arbitrator upheld a just cause discharge as an appropriate disciplinary response…
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)…
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…