On October 31, 2012, the majority of the Ontario Court of Appeal departed from the pension industry’s widely held interpretation of section 48 of the Pension Benefits Act when it awarded the pre-retirement death benefit payable under an Ontario registered pension plan to a member’s designated beneficiaries rather than to the member’s common law spouse….
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.
FTR Now
Ontario Court of Appeal Decision Rewrites the Pension Pre-Retirement Death Benefit Regime
On October 31, 2012, a majority of the Ontario Court of Appeal awarded the pre-retirement death benefit payable under an Ontario registered pension plan to a member’s designated beneficiaries rather than to his common law spouse. The majority’s decision in Carrigan v. Carrigan Estate (“Carrigan”) is a departure from the pension industry’s widely held interpretation…
Human Resources Legislative Update
New Solvency Funding Relief Regulations Filed
On November 1, 2012, the Ontario government filed O. Reg. 329/12 and O. Reg 330/12, each of which amends Regulation 909 (General) made under the Pension Benefits Act. Further to the government’s Budget 2012, O. Reg 329/12 extends temporary solvency funding relief measures for private sector defined benefit pension plans, as first introduced in 2009…
Human Resources Legislative Update
Helping Families in Need Act Reported Back to House of Commons
On November 2, 2012, Bill C-44, Helping Families in Need Act, was reported back to the House of Commons without amendment by the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities. As previously reported, if passed Bill C-44 will, among other things, make certain amendments to the…
Human Resources Legislative Update
2013 Pension and Retirement Savings Limits Announced
On November 1, 2012, the Canada Revenue Agency (“CRA”) released the “2013 Rates for Money Purchase limits, RRSP limits, YMPE, DPSP limits and Defined Benefits limits,” which are as follows: The 2013 annual pension for the year in which a pension commences to be paid under a Defined Benefit pension plan will be limited to…
Human Resources Legislative Update
2013 Maximum Pensionable Earnings Under CPP Announced
On November 1, 2012, the federal government announced that in 2013, the maximum pensionable earnings under the Canada Pension Plan will be $51,100. The maximum employer and employee contribution rates will remain at the 2012 rate of 4.95%.
FTR Quarterly
2012 Fall Edition
FOCUS ON 40TH ANNIVERSARY A “client first” culture – 40 years of Hicks Morley excellence LEGAL DEVELOPMENTS Recent case imposes Criminal Code fines for workplace health and safety violations Healthy email use for corporations: Ten tips PROFILE Covering all the bases Download PDF
Human Resources Legislative Update
Federal Budget Bill Passes Second Reading, Referred to Committee
On October 30, 2012, Bill C-45, Jobs and Growth Act, 2012, passed Second Reading in the House of Commons and was referred to the Standing Committee on Finance. As previously reported, Bill C-45 is the second omnibus budget bill giving effect to certain initiatives contained in the federal government’s Budget 2012.
Case In Point
Court Orders for Preservation of Evidence: What You Need to Know
We are all familiar with the concept of a search warrant, from watching police dramas on TV or in a movie theatre. But you may not know that the courts can issue a type of search warrant to litigants in a civil case. These are called “Anton Piller” orders, and they are typically meant to…
Human Resources Legislative Update
Alberta Introduces Pension Reform Bill
On October 25, 2012, Bill 10, Employment Pension Plans Act, received first reading in the Alberta Legislature. Bill 10 is introduced further to a report tabled in 2008 by the Alberta and British Columbia Joint Expert Panel on Pension Standards, “Getting Our Acts Together,” regarding pension reform in those two provinces. Pension reform legislation was…