The Human Rights Tribunal of Ontario recently found that an applicant breached the confidentiality provisions of her human rights settlement when she posted information about the settlement on Facebook. When the respondent learned of the breach, it refused to pay the monies owing under the settlement, and the applicant brought an application before the Tribunal…
Insights
Hicks Morley publishes a number of materials, both electronic and print, on issue-specific and sector-specific topics of interest to our clients. Our insights section has links to all of our various publications, updates and blogs, both current and historical, to keep you informed of developments in the law that impact human resources.
News
Check your email recipient list before you press “send”
Employers must take care not to press the “send” button too soon as inadvertently copying an incorrect person on an email communication can have unintended results. In Fernandes v. Marketforce Communications, an employer emailed information to its lawyer setting out concerns regarding the continued employment of an employee. By mistake, that employee was copied on…
Human Resources Legislative Update
Letters of Credit Pension Regulation Filed
On November 15, 2012, the Ontario government filed O. Reg. 364/12, which amends Regulation 909 made under the Pension Benefits Act (“PBA”) and implements the framework for letters of credit under the yet to be proclaimed section 55.2 of the PBA. Section 55.2 of the PBA will allow the use of letters of credit in…
Human Resources Legislative Update
Morneau Report on Pooling of Pension Fund Assets in BPS Released
On November 16, 2012, the Ontario government released “Facilitating Pooled Asset Management for Ontario’s Public-Sector Institutions,” a report from Pension Investment Advisor, William Morneau, to the Deputy Premier and Minister of Finance (“Morneau Report”). As previously reported, the Ontario government appointed Mr. Morneau further to its Budget 2012 initiatives, specifically to develop recommendations for the…
Human Resources Legislative Update
Federal Committee Considers Bill Requiring Disclosure of Information by Labour Organizations
On November 7, 2012, Bill C-377, An Act to amend the Income Tax Act (Requirements for labour organizations) was considered before the House of Commons Standing Committee on Finance. Bill C-377 is a private member’s bill which, if passed, will amend the Income Tax Act to require labour organizations to file a public information return…
Case In Point
What Happens When an Employee Breaches a Confidentiality Provision in a Human Rights Settlement?
In Tremblay v. 1168531 Ontario Inc., the Human Rights Tribunal of Ontario issued its first decision in which it held an applicant accountable for breaching a confidentiality clause in a settlement arising from the resolution of a human rights application brought against her employer. The employee had signed an agreement to maintain the confidentiality of…
FTR Now
Accommodation and the Special Needs Child: The Supreme Court of Canada Decision in Moore
The Supreme Court of Canada has released an important decision which reaffirms some of the key principles in the accommodation process. The issues in Moore v. British Columbia (Education) arose from the financial choice made by a British Columbia School District in the provision of services. The Court’s criticism of the failure of that District…
Case In Point
HRTO and Developments in the Law of Reconsideration
Organizations which have experience litigating matters at the Human Rights Tribunal of Ontario (the “Tribunal”) are likely aware that unsuccessful parties often utilize the Tribunal’s “reconsideration” process to attempt to overturn those decisions. While the Tribunal regularly issued reconsideration decisions, it was quite rare for it to grant a reconsideration request. However, recent decisions suggest…
FTR Now
Pension Solvency Funding Relief Is Here…Again
INTRODUCTION On November 1, 2012, important amendments were made to the Pension Benefits Act Regulation 909 (the “Regulation”). The amendments extend the temporary solvency relief measures for eligible defined benefit pension plans and make housekeeping changes to the sections requiring defined benefit pension plans to file annual, rather than triennial, actuarial valuations. This FTR Now…
FTR Now
Pinto Report on Ontario Human Rights Review Released
On November 8, 2012, the Ontario government released the long-awaited “Report of the Ontario Human Rights Review 2012” (the “Report”), which reviews the changes made to the Ontario Human Rights Code (the “Code”) in 2008. Andrew Pinto, author of the Report, sets out several recommendations with respect to streamlining the existing system. This FTR Now…