On March 29, 2012, the federal government tabled its 2012 Budget, Economic Action Plan 2012 – A Plan for Jobs, Growth and Long-Term Prosperity. As widely anticipated, the Budget alters the retirement landscape for many Canadians and announces cost-cutting measures and reform of the federal public service. It also proposes certain tax reform measures, and…
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Misuse of Confidential Information – Are You Prepared?
An employee’s misuse of confidential information housed on computers or electronically can expose an employer’s business to serious risk of harm and potential liability. Improperly managed, these situations can create a crisis: witness Bank of America and the WikiLeaks threat. Hicks Morley has been successful in assisting clients who have had their confidential information misused…
Bill 119 – What You Need To Know
Bill 119, the Workplace Safety and Insurance Amendment Act, 2008, makes insurance coverage mandatory for certain categories of persons operating in the construction industry (independent operators, sole proprietors, partners in partnerships and executive officers of a corporation). This FTR Now outlines these significant new changes and suggests the next steps individuals contracting with contractors and…
Ontario Introduces Education Act Amendments Relating to Concussions
On March 6, 2012, the Ontario government introduced Bill 39, Education Amendment Act (Concussions), 2012. If passed, the Bill would rename Part XIII.1 of the Education Act “Pupil Health,” and create new provisions for concussions. These provisions would authorize the Minister to make policies and guidelines relating to the following: the distribution of head injury…
Super Priority for CCAA Charges Granted Preference Over Pension Deficits
On February 2, 2012, in On Re Timminco, the Commercial Court granted an order for “super priority” for an Administration Charge ($1,000,000) and Directors’ and Officers’ Charge ($400,000) in preference to other encumbrances, including pension deficits in Timminco’s pension plans (aggregate deficit is in excess of $11,000,000). Justice Morawetz found that federal insolvency legislation, specifically…
2012 Winter Edition
FOCUS ON OCCUPATIONAL HEALTH AND SAFETY Boundaries expanding on occupational health and safety LEGAL DEVELOPMENTS The challenges of accommodating environmental sensitivities in the workplace Ontario WSIB: Tackling unfunded liability issues PROFILE Touching all the bases Download PDF
How the New Privacy Tort Will Affect Employers
On January 18th, 2012, the Court of Appeal for Ontario in Jones v. Tsige recognized a new “intrusion upon seclusion” civil cause of action. In this FTR Now, we describe the new cause of action (or “tort”) and identify its significance to employers. THE INTRUSION UPON SECLUSION TORT Under Ontario law it is now clear…
Ten Questions and Answers about Computer Use Policies
It’s January 2012. Last year the Court of Appeal for Ontario recognized that an employee had a reasonable expectation of privacy that arose out of his personal use of a work computer. As discussed in a companion FTR Now called How the New Privacy Tort Will Affect Employers, this month the Court of Appeal recognized…
Craig Rix Quoted in The Globe and Mail
Hicks Morley’s Craig Rix was quoted in the January 7, 2012 edition of The Globe and Mail. In an article entitled “Bracing for trouble on the picket line“, Craig comments on this year’s picket-line battles suggesting that employers are going to be using hard bargaining, including potential lockouts, to make gains. View Article
Mandatory WSIB Coverage for Construction Industry To Commence January 1, 2013
Effective January 1, 2013, amendments to the Workplace Safety and Insurance Act, 1997 outlined in Bill 119, the Workplace Safety and Insurance Amendment Act, 2008 will extend mandatory WSIB coverage to certain persons in the construction industry. These amendments will apply, with certain exceptions, to independent operators who carry on business in construction, and to…