Employment relationships generally fall into one of three categories: employee, dependent contractor or independent contractor. Exclusivity is often a key consideration when determining what category applies. Recently, the Court of Appeal for Ontario considered the degree of exclusivity required in a dependent contractor relationship in Keenan v. Canac Kitchens Ltd. In Keenan, the plaintiffs had…
Industry: Long-Term Care and Home Care
An Update on WSIB Rate Framework Reform
In March, 2015, the Workplace Safety and Insurance Board (“WSIB”) proposed a new Rate Framework (“Proposed Framework”) which, if adopted, would fundamentally change the way the WSIB classifies Schedule 1 employers and sets their premium rates (see our FTR Nows of April 17, 2015 “WSIB Rate Framework Reform: Stakeholder Input Invited” and August 21, 2015 “An…
New Proposed Federal Bill to Reverse Canada Labour Code Certification and Decertification Reforms, C-377 Union Disclosure Obligations
Further to its election platform, on January 28, 2016, the federal government introduced Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act. Among other things, this legislation would, if passed, amend the Canada Labour Code (“CLC”) to effectively repeal…
Ontario Government Announces Additional ORPP Design Details
Editor’s Note: Following publication of this communication, the Ontario government announced that the first wave of ORPP implementation will be delayed by one year to January 1, 2018. Please be sure to read our FTR Now of February 17, 2016 for updated information on this significant development, or contact your regular Hicks Morley lawyer for…
Ontario Government Announces New ORPP Design Details
On January 26, 2016, the Ontario government announced new Ontario Retirement Pension Plan (“ORPP”) design details. Among other things, the announcement provides further clarity and guidance on the following issues of particular interest to employers: coverage, and in particular the definition of “employment in Ontario,” as well as application of the ORPP to non-residents and…
Successfully argued at a labour arbitration that a long-term care home’s discharge of an employee was for cause based on the employee’s comments on social media disparaging coworkers and breaching patient privacy.
Successfully argued at a labour arbitration that a long-term care home’s discharge of an employee was for cause based on the employee’s comments on social media disparaging coworkers and breaching patient privacy.
Successfully defended a discharge grievance for a long-term care home involving a healthcare worker terminated for resident abuse.
Successfully defended a discharge grievance for a long-term care home involving a health care worker terminated for resident abuse.
Construction Project Manager Sentenced to 3.5 Years for Christmas Eve Fatalities
The Metron Construction Corporation (“Metron”) project manager who oversaw the construction project on which a swing stage collapsed, resulting in the deaths of four workers and injury to a fifth, has been sentenced to 3.5 years in jail. In this FTR Now, we discuss the background to this important decision and its significance. On Christmas…
Workplace Law In Canada: A Primer
This Guide provides non-Canadians with an introduction to employment laws and regulations that affect businesses in Canada. It provides an overview of the main differences between Canadian and U.S. workplace laws. To obtain a copy please contact Knowledge Management.
New Mortality Tables in Effect for Ontario Commuted Value Calculations
On December 10, 2015, the Ontario government amended the Regulations under the Pension Benefits Act (“PBA”) to require pension plans to use the new mortality tables when calculating commuted values (“CVs”) for Ontario members. The use of the new mortality assumptions, which are found under section 3500 of the Actuarial Standards Board Standards of Practice…