Spurred on by the current economic unrest, the Ontario Government announced yesterday that it will introduce legislation in early 2009 to provide pension plans with solvency funding relief. Following on the heels of the release of the Report of the Expert Commission on Pensions, the proposed temporary solvency relief is intended to better ensure the…
Industry: Government Ministries & Agencies (Federal and Provincial)
Enjoying a Safe Holiday Season
The holiday season is once again upon us. While some employers may be scaling back on festivities this year, it remains as important as ever that employers take proactive steps to ensure the health and safety of their employees who attend office parties or other celebrations. Over the years, a number of court decisions have…
Hicks Morley Information & Privacy Post – Fall 2008
We’re nearing the end of 2008 and are happy to present another edition of the Post. There’s been no shortage of significant developments in the law of information and privacy of late, including a rather welcome clarifying judgement from the Alberta Court of Appeal on the law of spoliation. The case, called McDougall, certainly does…
Ontario Expert Commission on Pensions Releases Report
The Ontario Expert Commission on Pensions (the “Expert Commission”) released its much anticipated Report “A Fine Balance” to the public today. The full Report is 222 pages and contains 142 recommendations “for reforming and reinvigorating Ontario’s pension system”. HIGHLIGHTS OF KEY FINDINGS AND RECOMMENDATIONS New Regulatory Regime Recommended The Expert Commission recommended that the current…
Court of Appeal Considers Scope of Right to Collectively Bargain
In a decision released on November 17, 2008, the Ontario Court of Appeal considered the scope of the constitutional right of employees to collectively bargain. The Court found that, at a minimum, the right consists of: a statutory duty to bargain in good faith; statutory recognition of the principles of exclusivity and majoritarianism; and a…
2008 Summer Issue
PRACTICE PROFILE Class actions with an HR twist LEGAL DEVELOPMENTS Mitigation of damages: Strategic considerations for employers Changing a term of employment? Notice may not be enough PROFILE A Pension Benefit Download PDF
Hicks Morley Information & Privacy Post – Summer 2008
ENJOY YOUR SUMMER! We hope you enjoy this mid-summer edition of the Hicks Morley Information & Privacy Post – our quarterly newsletter about case law developments in privacy, access to information, the protection of confidential business information and the law of production. We’ve had a busy summer for client relations here, having recently launched a…
Supreme Court of Canada Says Privacy Commissioner Can’t Decide Privilege Claims
The Supreme Court of Canada issued its much-anticipated decision in Blood Tribe earlier this month. In a judgement written by Mr. Justice Binnie, it unanimously held that the Privacy Commissioner of Canada does not have the power to compel production of records over which an organization claims solicitor-client privilege. In doing so, the Court affirmed…
No Surplus Distribution Required on Partial Termination of Federally-Regulated Pension Plans
In its much anticipated decision in Cousins v. Canada (Attorney General) and Marine Atlantic Inc. (“Marine Atlantic”), the Federal Court of Appeal has concluded that the federal Pension Benefits Standards Act, 1985 (the “PBSA”) does not require a proportionate distribution of surplus on a partial termination of a defined benefit (DB) pension plan. The Federal…
Information & Privacy Post – Volume-3, Number-1
In this issue Canadian e-discovery enters next era FREEDOM OF INFORMATION – EXCEPTIONS – PRIVILEGE FREEDOM OF INFORMATION – EXCEPTIONS – UNJUSTIFIED INVASION OF PERSONAL PRIVACY FREEDOM OF INFORMATION – FREEDOM OF THE PRESS PRIVACY – ACCESS TO PERSONAL INFORMATION PRIVACY – APPLICATION, EXCLUSIONS AND MATTERS OF JURISDICTION PRIVACY – COLLECTION USE AND DISCLOSURE –…