As previously reported, Bill C-25, An Act to amend the Canada Business Corporations Act, the Canada Cooperatives Act, the Canada Not-for-profit Corporations Act, and the Competition Act received Royal Assent on May 1, 2018 and will, among other things, impose new obligations on corporations incorporated under the Canada Business Corporations Act (CBCA) with the goal…
Industry: Retail & Wholesale Trade
Gender Identity and Gender Expression
Gender identity and gender expression are protected grounds under Ontario’s Human Rights Code (Code). While the law in this area is highly dynamic, this Client Toolkit provides employers with guidelines and best practices for understanding its unique aspects, supporting trans people in the workplace, and ensuring compliance with the Code.
If You Are Subject to the Canada Business Corporations Act, Take Note of New Record-Keeping Obligations
Effective June 13, 2019, corporations that are subject to the Canada Business Corporations Act must maintain and provide access to a register of individuals who, directly or indirectly, have “significant control” over the corporation.
Employment and Labour Law Reporter Publishes an Article by Edward O’Dwyer on Contract of Employment Frustration and the Duty to Accommodate
Hicks Morley’s Edward O’Dwyer authored an article in the Employment and Labour Law Reporter titled “Appellate Court Upholds Termination for Frustration, Duty to Accommodate Not Triggered.” This article discusses the recent decision of the on Katz et al. v. Clarke, 2019 ONSC 2188, by the Ontario Divisional Court, where the Court set aside an order of a motion judge, granted the defendant’s summary judgment motion and dismissed the plaintiff’s action.
Ontario Health and Safety Regulations Amended
On June 10, 2019, the Ontario government filed a number of amendments to regulations made under the Occupational Health and Safety Act. O. Reg. 186/19 replaces the “Equivalency” provision of Regulation 851 (Industrial Establishments) with a new provision entitled “Alternative methods and materials.” It now requires employers to provide written notice to the joint health…
Ontario Clarifies DB Funding Reforms under the Pension Benefits Act
On May 21, 2019, the Ontario government filed Regulation 105/19 amending Regulation 909 (General Regulation) under the Pension Benefits Act (PBA). The amendments mainly relate to clarifying elements of the defined benefit (DB) funding rules that took effect on May 1, 2018. Many of the new clarifications have been requested by the pension industry over…
Ontario Budget Bill (Bill 100) Passes
As previously reported, on April 11, 2019, the Ontario government released its 2019 Budget and introduced Bill 100, Protecting What Matters Most Act (Budget Measures), 2019. Bill 100 received Royal Assent on May 29, 2019. Of particular interest to employers and human resource professionals are the amendments made to the following statutes: Public Sector Labour…
Appellate Court Considers Sale of Business and Duty to Mitigate
In Dussault v Imperial Oil Limited, the Ontario Court of Appeal found that two employees did not fail to mitigate their damages when they refused offers of employment from the purchaser of a former employer, as the employment that was offered was not “comparable.” Background In 2016, Imperial Oil sold its retail business to Mac’s…
The End of Health and Welfare Trusts: Proposed Amendments to the Income Tax Act (Canada)
On May 27, 2019, the federal Department of Finance announced proposed amendments to the Income Tax Act (Canada) (ITA), to facilitate the conversion of existing Health and Welfare Trusts (HWTs) into Employee Life and Health Trusts (ELHTs), and to improve the existing ELHT rules. Comments on the proposed ITA amendments are invited by July 31, 2019…
Andrew Zabrovsky Quoted in the Law Times on Labour Arbitrators Leading Cases on Opioid Addiction
Hicks Morley’s Andrew Zabrovsky was quoted by the Law Times in the May 30, 2019 article titled, “Labour Arbitrators Leading in Opioid Addiction Law.”