As another academic year draws to a close and we are finally getting a glimpse of summer, we bring you our last School Board Update of the Spring term. In it, we discuss two arbitration awards
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.
Raising the Bar
Yours to Discover: 10 Tips for Navigating the Documentary Discovery Process
In this issue of Raising the Bar, we share 10 tips and best practices to guide employers embarking upon their next trip through the document discovery process in a manner that is not only compliant with their legal obligations, but also controlled, strategic and cost-effective.
Case In Point
Appellate Court Considers “Appropriate Means” Test Under Limitations Act and Reliance on “Non-Traditional” Expertise
In Presley v. Van Dusen, the Ontario Court of Appeal provided guidance on the statutory limitation period and the reliance on “non-traditional” experts. Background The appellant homeowners retained Van Dusen to install a septic system in 2010. There were problems with the operation of the system. The appellants called Van Dusen and he appeared to…
Employer Obligations for Critical Injury-Fatality Reporting under OHSA
In this Toolkit, we identify key legal issues and obligations under the Ontario Occupational Health and Safety Act (OHSA) of which employers should be aware, including the steps that should be taken upon occurrence of a critical injury or fatality.
FTR Now
Advanced Planning Required for New Changes to OMERS
Since we first reported on the recently adopted changes to the Ontario Municipal Employees Retirement System (OMERS) to eliminate the 35-year cap on credited service; and expand the normal retirement age 60 opportunity to paramedic employee groups.
Case In Point
Appellate Court Upholds Termination for Frustration, Duty to Accommodate Not Triggered
In its recent decision Katz et al. v. Clarke, 2019 ONSC 2188, the Ontario Divisional Court set aside an order of a motion judge, granted the defendant’s summary judgment motion and dismissed the plaintiff’s action. The decision involves important principles relating to frustration of contract and the duty to accommodate a disabled employee. The Court…
Federal Post
Proposed Violence and Harassment Regulations Open for Comment
On April 27, 2019, the government of Canada published proposed regulations for comment concerning harassment and violence prevention in the workplace.
Accommodating Medical Marijuana
Accommodating medicinal cannabis requires balancing an employee’s rights under the Human Rights Code with an employer’s obligations under the Occupational Health and Safety Act to take every precaution reasonable in the circumstances for the protection of workers. These obligations are especially pronounced in workplaces that include safety-sensitive positions.
FTR Now
Changes to Ontario’s Annuity Purchase and Discharge Rules – Bill 57 Amendments and Draft Supporting Regulations
New draft regulations support and provide additional details respecting the rules governing annuity purchases and related statutory discharges under the Pension Benefits Act. Learn more in this FTR Now.
Case In Point
Arbitrator Orders Production of Sensitive Medical Documentation Further to Accommodation Request
In Carleton University and Carleton University Academic Staff Association (March 29, 2019), Arbitrator Picher issued an interim award regarding the production of sensitive medical documents which were needed by the University employer to assess an accommodation request made by a faculty member (grievor). The request was to receive full pay with reduced teaching hours. The…