A recent decision of the Human Rights Tribunal of Ontario (“HRTO”) has added to the fast growing group of “family status” discrimination cases. J.O. v. London District Catholic School Board highlights that there are many different ways a school board may be vulnerable to claims of family status discrimination. In this FTR Now we review…
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.
School Board Update
Court of Appeal Affirms Non-Construction Employer Declaration does not Infringe the Charter
On May 8, 2012, the Ontario Court of Appeal found that the “non-construction employer” declaration in section 127.2 of the Ontario Labour Relations Act, 1995 (“LRA“) is constitutional. The Court of Appeal upheld the Divisional Court’s February 2011 ruling, finding that section 127.2 does not contravene the freedom of association guarantee found in section 2(d)…
FTR Now
University Disciplinary Decisions: Are they Reasonable? Are they Subject to the Charter?
On May 9, 2012, the Alberta Court of Appeal released its judgment in the case of Pridgen v. University of Calgary. Justice Paperny identified the issue before the Court as follows: “Are students at public universities entitled to use social networking sites to criticize the instruction they receive? The University of Calgary said “no” and…
Human Resources Legislative Update
Ontario Proposes Plan Administrator Disclosure Obligations, Proclamation Dates
On May 14, 2012, the Ontario government published additional draft amendments to General regulation 909 under the Pension Benefits Act (“Act”), and further proposed a proclamation date of July 1, 2012 in respect of certain amendments to the Act. The regulatory amendments would specifically outline the information plan administrators are required to disclose, including: “prescribed…
FTR Now
Implementation of Key Ontario Pension Reform Measures is Imminent
On April 30, 2012 and May 3, 2012, the Ontario Ministry of Finance issued two separate draft regulations that propose changes to the general Regulation 909 under the Ontario Pension Benefits Act (the “PBA Regulations”). Together, these two draft regulations are referred to in this FTR Now as the “Draft Regulations.” As discussed in our…
Human Resources Legislative Update
Ontario Anti-Bullying Bill Referred to Committee
On May 3, 2012, Bill 13, the Accepting Schools Act, 2011, passed at Second Reading and was ordered referred to the Standing Committee on Social Policy. As previously reported, Bill 13 is intended to address the issue of bullying in schools, and would, if passed, amend the Education Act to include a definition of bullying,…
Human Resources Legislative Update
Ontario WSIB Funding Changes Announced on Heels of Arthurs Report
On May 4, 2012, the Ontario government announced that it would file a new regulation under the Workplace Safety and Insurance Act, 1997, to require the insurance fund of the Workplace Safety and Insurance Board (“WSIB”) to reach sufficiency of 60 per cent funding in 2017, 80 per cent funding in 2022 and a full…
Human Resources Legislative Update
Ontario Releases Proposed Grow-In Benefit Regulations
Further to the release of pension reform proposals, on Thursday, May 3, 2012 the Ontario government published additional draft amendments to General regulation 909 under the Pension Benefits Act (“Act”). As anticipated, the draft regulations prescribe additional “activating events” or circumstances that would trigger grow-in benefits for the purpose of s. 74(1), paragraph 3 of…
FTR Now
Overtime Eligibility Class Action Certification Motion Dismissed
On April 27, 2012, Mr. Justice George Strathy of the Ontario Superior Court of Justice released his decision in which he dismissed a motion for certification of a proposed class action brought by Michael Brown and Brian Singer, on behalf of current and former “Analysts,” “Investment Advisors” and “Associate Investment Advisors” employed by the Canadian…
FTR Now
Draft Regulations to the Pension Benefits Act Released
On April 30, 2012, the Ontario government released a draft regulation amending Regulation 909 (General) made under the Pension Benefits Act (“Act”) for commentary by June 1, 2012. Among other things, the proposed regulation would: enable the proclamation of the “retired member” provisions in the Act; implement immediate vesting for plan members and enable the…