As we enter 2009, many Social Services organizations are looking ahead to upcoming negotiations with unions for the renewal of their collective agreements. Some of our clients have already reported an increasing trend among unions to initiate broad disclosure requests well in advance of actual bargaining. However, employers in Ontario are not necessarily obliged to…
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Ontario Government Announces Pension Funding Relief
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…
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…
School Board Update
IN THIS ISSUE Hicks Morley Negotiation Support Services Human Rights Tribunal of Ontario Defers to Special Education Tribunal Occasional Teacher Timetables Duties of Principals Burden of Proof in Discharge Cases Accommodation of Religious Holidays TPA Arbitration and Motion for Non-Suit School Security and Office Staff HICKS MORLEY NEGOTIATION SUPPORT SERVICES Did you know that more…
Ontario and BC Privacy Commissioners Release Guidance on Violence Prevention at Universities and Colleges
The Ontario and BC Privacy Commissioners have released a Practice Tool for Exercising Discretion in the context of violence prevention at universities, colleges and other educational institutions. A copy of the Practice Tool can be found here. The Practice Tool is an important part of the Commissioners’ attempts to educate institutions about their abilities to…
The Supreme Court Weighs in on the Obligations of Departing Employees
The Supreme Court of Canada has confirmed that there is an implied obligation of good faith owed by employees to their employers. In a decision released yesterday, RBC Dominion Securities Inc. v. Merrill Lynch Canada Inc., the Court found that a manager of investment advisors breached his duty of good faith when he orchestrated a…
Cloud Computing, Second Life and the University
This short university sector bulletin raises an important policy issue about setting rules that govern the choice faculty and staff have in using the internet to perform their jobs. We would like to raise and invite a policy discussion on the legal issues raised by “cloud computing” and the increasing business use of consumer-marketed internet…
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…