Case In Point

Divisional Court Upholds Jan Wong’s Obligation to Repay Settlement Funds for Breach of Confidentiality

The Ontario Divisional Court has unanimously upheld Arbitrator Louisa Davie’s decision that Jan Wong breached her confidentiality obligations under a settlement with her former employer, The Globe and Mail (the “Globe”) and is bound by the repayment obligation she agreed to as part of the settlement. The Court held that Ms Wong lacked standing to…

Human Resources Legislative Update

Omnibus Workplace Laws Bill Amended at Committee Stage (Bill 18)

On November 4, 2014, Bill 18, the Stronger Workplaces for a Stronger Economy Act, 2014 (“Bill 18”) was reported back to the Legislature as amended by the Standing Committee on General Government, and has been ordered for Third Reading. Among other things, the Committee’s amendments will accelerate the coming into force of key amendments, including the following…

FTR Now

Amendments to Federal Health and Safety Regime in Force October 31, 2014

Important amendments to the health and safety regime in Part II of the Canada Labour Code (the “Code“), contained in the Economic Action Plan 2013 Act No. 2 (the “Act“), come into force on October 31, 2014. Among other things, the Act will amend the definition of danger which is central to the right of…

Human Resources Legislative Update

Federal Government Proposes Amendments to Temporary Foreign Worker Program

On October 23, 2014, the federal government introduced Bill C-43, Economic Action Plan 2014 Act, No. 2, omnibus legislation intended to further implement measures first announced in its Budget 2014, Economic Action Plan 2014. Among other matters, Division 24 of Part 4 of Bill C-43 would amend the Immigration and Refugee Protection Act (“Act”) to support a…

Human Resources Legislative Update

FSCO Consultation on Proposed Investment Guidance Note (Prudent Investment Practices for Derivatives)

On October 24, 2014, the Financial Services Commission of Ontario (“FSCO”) published a new proposed Investment Guidance Note in respect of Prudent Investment Practices for Derivatives (“Derivatives Guidance Note”). Once finalized, the Derivatives Guidance Note will provide plan administrators detailed guidance with respect to prudent investment practices related to derivatives. The Derivatives Guidance Note sets out…

FTR Now

New Employment Standards Leaves of Absence Coming Into Effect October 29, 2014

Effective October 29, 2014, three new job-protected leaves of absence will be added to the Employment Standards Act, 2000 – family caregiver leave, critically ill child care leave and crime-related child death or disappearance leave. The new leaves are in addition to existing leaves of absence available to employees under the Act, and can be…

Case In Point

HRTO Decision Granting Significant Remedies Upheld on Appeal

The Divisional Court has upheld a decision of the Human Rights Tribunal of Ontario in which the Tribunal ordered significant damages against the Hamilton-Wentworth District School Board and also ordered reinstatement of an employee after an almost decade-long absence from the workplace. The Court agreed with the applicant’s submission that “the goal of the remedial provisions of the Code ought not to…

FTR Now

Ontario Releases Proposed PBA Regulations for Consultation

This past Spring, the Ontario government released proposed amendments to Regulation 909 (the “Regulations”) of the Pension Benefits Act (“PBA”) in respect of four previously announced pension reform initiatives (“April Proposals”). The April Proposals – which described the content of the proposed changes to the Regulations – are summarized in our FTR Now of April…

Human Resources Legislative Update

FSCO Consultation on Proposed Investment Guidance Notes (Buy-In Annuities)

On October 7, 2014, the Financial Services Commission of Ontario (“FSCO”) announced that it will be publishing Investment Guidance Notes (“Guidance Notes”) with respect to various investment activities of Ontario registered pension plans. The Guidance Notes will set out FSCO’s expectations and identify issues that plan administrators should consider and address in respect of the…

FTR Now

Court of Appeal Dismisses Overtime Eligibility Class Action Certification Appeal

On October 6, 2014, the Court of Appeal for Ontario unanimously dismissed an appeal from the Ontario Divisional Court’s decision[1] dated April 23, 2013 which in turn dismissed an appeal from a decision dated April 27, 2012, dismissing a motion for certification of a claim regarding eligibility for overtime pay as a class action.[2] The…