WSIB Changes Its Practice on the Payment of Loss of Earnings Benefits

Effective December 7, 2009, the Ontario Workplace Safety and Insurance Board (“WSIB”) changed its operational practice of paying loss of earnings (“LOE”) benefits even when a worker is no longer in the workforce and has no loss of earnings. This change in practice followed a series of successful employer challenges argued by Hicks Morley lawyers…

School Board Update – Provincial Interest Regulation Now In Effect

Overview of the PIR The Ministry of Education filed its long-awaited Provincial Interest Regulation (PIR) on February 26, 2010 and the PIR is now in effect. It is intended to strengthen the accountability of school boards for student achievement and well-being. Most notably, the PIR allows the Minister of Education to intervene in the affairs…

School Board Update – Bill 242, The Full Day Early Learning Statute Law Amendment Act: The Legal Framework for the Early Learning Program

In our January 12, 2010 School Board Client Update, we discussed the Early Learning Program (“ELP”), which is the government’s plan to implement full day early learning for four- and five-year-olds in Ontario. On February 17, 2010, the government introduced Bill 242, the Full-Day Early Learning Statute Law Amendment Act, 2010, which amends provisions of…

School Board Update – Ontario’s 2010 Early Learning Program: Bracing for the Fallout

When was the last time your Board was involved in the legal “ins and outs” of a hotly contested certification drive before the Ontario Labour Relations Board? Ontario’s newly announced Early Learning Program could well provide you with an opportunity in the coming year. In this School Board Update, we discuss the ramifications and new…

School Boards Exposed To Construction Collective Agreements

In a recent decision, the Ontario Labour Relations Board (“OLRB”) held that key non-construction employer provisions of the Ontario Labour Relations Act, 1995 (the “Act”) were unconstitutional.  In this FTR Now, we discuss how the decision could have an impact on school boards’ ability to tender construction work. Background The construction industry labour relations regime…

AODA Update: Final Proposed Employment Accessibility Standard Released

Employers and human resources practitioners in Ontario need to know about the latest development under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”). The Ontario government just released the Final Proposed Employment Accessibility Standard (“Final Proposed Standard”), which, if adopted as law in its current form, will broadly impact the employment practices of nearly…

Bill 168, The Occupational Health And Safety Amendment Act (Violence And Harassment In The Workplace) 2009, Carried At Second Reading

On October 20, 2009, Bill 168, the Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace) 2009 was debated and carried at Second Reading. The Bill has been Ordered referred to the Standing Committee on Social Policy by the Ontario Legislature. As you may know, the Committee review process can take days,…

New Rules of Civil Procedure

Effective January 1, 2010, the Rules of Civil Procedure governing all civil litigation matters brought in the Superior Court of Ontario will come into force. This FTR Now highlights some of the key changes that will impact the manner in which employment-related actions are litigated, including wrongful dismissal claims, constructive dismissal claims, and claims for…