FTR Views

Coverage for Medical Cannabis under Ontario’s Workers’ Compensation System [Video]

The legalization of recreational cannabis, which came into effect on October 17, 2018, has raised many questions for employers about cannabis use in the workplace, as well as potential coverage of cannabis under benefit plans. In this video, Mariana Kamenetsky and Kathryn Meehan talk about coverage for medical cannabis under Ontario’s workers’ compensation system.

Human Resources Legislative Update

Proposed OHSA Regulatory Changes for Automobile Manufacturing Plant Construction Projects

The Ontario government has posted the following two proposed amendments to regulations made under the Occupational Health and Safety Act (OHSA) which pertain to automobile manufacturers and to construction firms which undertake construction projects on behalf of owners of automobile manufacturing plants

Human Resources Legislative Update

Bill 66 Ordered for Third Reading with Committee Changes to Non-Construction Employer Provisions of LRA

On March 21, 2019, Bill 66, the Restoring Ontario’s Competitiveness Act, 2019, was referred for Third Reading in the Ontario Legislature by the Standing Committee on General Government, with amendments. Bill 66 is omnibus legislation that, if passed, will amend the Employment Standards Act, 2000 (ESA), the Labour Relations Act, 1995 (LRA) and the Pension…

Case In Point

Ontario Court of Appeal Provides Guidance on Deterrence and Sentencing in OHSA Fatality Case

A recent decision from the Ontario Court of Appeal, Ontario (Labour) v. New Mex Canada Inc., confirms that it will only be in the rarest of cases where a jail sentence is seen to be appropriate in an occupational health and safety case, considering the weight the principle of deterrence should have on sentences given…

FTR Now

Federal Budget 2019 – Something for (Almost) Everyone?

On March 19, 2019, the federal government tabled its 2019 Budget, “Investing in the Middle Class.” This is an election year, and there is a wide array of initiatives sprinkled throughout the Budget, covering many groups and sectors. There is something for (almost) everyone. In this FTR Now, we focus on the key employment, labour, executive compensation, pension and employee benefits announcements of most interest to employers, human resources professionals, plan sponsors and administrators.

Case In Point

No Tort of Harassment in Ontario

In Merrifield v. Canada (Attorney General), the Ontario Court of Appeal found that a “tort of harassment” does not exist in Ontario. The plaintiff/respondent was hired as a Constable in the Royal Canadian Mounted Police (RCMP) in 2005. He was promoted to Corporal in 2009 and then to Sergeant in 2014. In June 2007, he…

School Board Update

Recent Developments of Note

On March 15, 2019, the Ministry of Education outlined several new initiatives in a plan entitled “Education that Works for You” which will have a significant impact on the school board sector. In this School Board Update, we summarize the key initiatives.

Human Resources Legislative Update

Federal Budget 2019 Tabled

On March 19, 2019, the federal government tabled its Budget 2019, “Investing in the Middle Class.” We are reviewing the Budget and an FTR Now highlighting initiatives of interest to employers, human resources professionals and pension plan administrators will be available shortly on our website.

Case In Point

Appellate Court Overturns Summary Judgment Decision that Former Employee Owed $20m in Damages to Employer; Matter Remitted for Trial

The decision of a summary judgment motion judge who ordered a former employee to pay his former employer $20 million in damages has been overturned by the Court of Appeal. In Plate v. Atlas Copco Canada Inc., the Court held that the motion judge erred when he found a trial was not necessary and proceeded…

Case In Point

Appellate Court Reviews “Family Status” Test

The British Columbia Court of Appeal recently clarified the meaning and scope of the term “family status” in Envirocon Environmental Services, ULC v. Suen. This case confirmed the Campbell River test, which imposes a higher standard for establishing discrimination than the often-cited Federal Court of Appeal test in Johnstone, adding to the “family status” interpretation…