In remarks accompanying the new federal government’s first fiscal update, on November 20, 2015, Canada’s Minister of Finance provided further guidance on proposed changes to tax rules that would limit the annual deduction from income that employees can claim upon exercising stock options. Significantly, Minister Morneau indicated that any such changes would only apply to…
Industry: Membership Associations
Appeal Court Decision Underscores Importance of Clear Terms of Hire at Outset
In a recent decision, Holland v. Hostopia.com. Inc., the Court of Appeal for Ontario found that a termination provision in an employment agreement purporting to limit the appellant’s entitlements upon termination of employment to the statutory minimums under the Employment Standards Act, 2000 (“ESA”) was unenforceable due to lack of consideration. The appellant had commenced employment…
Raising the Bar – Eleventh Edition
Dear Friends, As we are heading into the busy holiday season, we wanted to give you, our loyal RTB readers, some reading material for any quiet moments that you might be able to steal before the New Year. We are delighted to bring you this newest edition of RTB. In this edition, we bring you…
Is an Employer Required to Accommodate an Employee’s “Personal Choice” to Breastfeed?
In Flatt v. Canada (Attorney General), a case that has garnered media attention, the Federal Court of Appeal upheld a decision that found an applicant who requested accommodation to breastfeed her child during working hours failed to meet the test for establishing prima facie discrimination. The Court held this request involved the applicant’s “personal choice” – not…
Planning for a Safe Holiday Party: A Checklist for Employers
It is that time of year again when thoughts are turning to seasonal and holiday celebrations. Whether these celebrations are large or small, it is important that employers take proactive steps to ensure the health and safety of their employees who attend office parties or other celebrations. In this FTR Now, we provide employers with…
Supreme Court of Canada on Prima Facie Discrimination and a Plaintiff’s Burden of Proof
The Supreme Court of Canada recently overturned a decision of the Québec Human Rights Tribunal (“Tribunal”) which found that Bombardier had discriminated against a pilot, Mr. Latif, by refusing to provide him with training on certain Bombardier aircraft after U.S. authorities denied his security clearance. The unanimous Court found that there was insufficient evidence to…
Ontario Introduces Legislation Addressing Sexual Violence and Harassment
On October 27, 2015, the Ontario government introduced Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015 which, if passed, would amend various statutes with respect to sexual violence, sexual harassment, domestic violence and related matters. Among other things, it would: amend the Occupational Health and Safety Act to revise the…
Ontario Passes Legislation to Prevent Proceedings that Limit Freedom of Expression
On October 28, 2015, Bill 52, Protection of Public Participation Act, 2014, passed Third Reading. Bill 52 amends the Courts of Justice Act by adding a section regarding Prevention of Proceedings that Limit Freedom of Expression on Matters of Public Interest (Gag Proceedings). As stated in the Bill, the purpose of the provision is: (a) to encourage individuals…
Ontario Introduces Legislation to Address Sexual Violence and Harassment
On October 27, 2015, the Ontario government tabled new legislation to address sexual violence and harassment. If passed, the proposed measures in Bill 132, the Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015 (“Act”), would, among other things, require publicly assisted colleges and universities and private career…
2015 Federal Election Update: ORPP or CPP – Which Will it be?
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…