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HR HealthCheck

Access To and Use of PPE Governed by CMOH Directive 5: An Inherent Balancing Act Confirmed by Arbitrator Stout

· 8 min read
By: Ian R. Dick, Kathryn L. Meehan, Nadine S. Zacks, Nisha Dhanoa, Mitchell Smith

In an award dated May 4, 2020, Arbitrator Stout addressed, among other things, critical aspects of the CMOH’s Directives respecting access to and use of personal protective equipment (PPE). In this HR HealthCheck, we provide an overview of this significant award (Award), a decision of notable impact to health care providers and health care workers alike, in both the Hospital and Long-Term Care sectors.

FTR Now

Rectification of Pension Plan Provides Relief from Unintended Liability

· 6 min read
By: Ian R. Dick, Jordan Fremont

In its March 3, 2010 decision in MTD Products Limited v. Baldin, 2010 ONSC 1344 (CanLII), the Ontario Superior Court of Justice was persuaded that a mistake had been made in the wording of an MTD Products Limited (“MTD”) pension plan provision, and ordered that the provision be rectified. Rectification had been sought by MTD…

FTR Now

Defining “Employer” For Pension Funding Purposes

· 13 min read
By: Ian R. Dick, Natasha D. Monkman, Susan L. Nickerson

The Financial Services Tribunal (the “Tribunal”) recently released a decision that discusses, in detail, who is the employer for funding purposes under the Pension Benefits Act (“PBA”). This decision will be of interest to employers who participate in pension plans with more than one employer, but are not multi-employer pension plans or “MEPPs”, if the…