In a federal sector pay equity complaint that stretched on for nearly 30 years, the Supreme Court of Canada has upheld a finding of the Canadian Human Rights Tribunal of gender-based wage discrimination. The result is an order to compensate employees for lost wages over a 20 year period. This FTR Now discusses the Supreme…
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Court Finds Tort of Conspiracy in Case of Departed Insurance Producers
On October 6, 2011, Justice Stinson released an important decision finding two insurance producers liable for departing and taking a book of business without paying for it. Neither producer had signed written contracts regarding who owned the books of business. Justice Stinson held that one of the producers breached his verbal agreement that he would…
Three Recent Decisions, Three Different Results – An Update on the 24 Hour Shift in the Fire Sector
INTRODUCTION In recent years, the issue of whether or not to adopt a 24 hour shift schedule has become one of the top demands that fire associations are seeking at the bargaining table and at interest arbitration. Fire associations have sought the 24 hour shift regardless of the size of the department, population served or…
Stephen Shamie Quoted in Queen’s Law Reports
Hicks Morley partner Stephen Shamie was quoted in the 2011 edition of Queen’s Law Reports. In an article entitled “Centre for Law in the Contemporary Workplace,” Stephen comments on the end of mandatory retirement and identifies that when challenges arise in areas where mandatory retirement can be justified, such as jobs where strenuous physical activity…
Pooled Registered Pension Plan Framework Introduced
On November 17, 2011, the federal government introduced the much anticipated Bill C-25, An Act relating to pooled registered pension plans and making related amendments to other Acts, also known as the Pooled Registered Pension Plans Act (the “PRPP Act”). The proposed legislation follows high-profile consultations with the provinces and the industry, which resulted in…
Are You Prepared for the AODA?
As the new year approaches, some key compliance deadlines under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA“) are also approaching. In this FTR Now, we review what needs to be done by employers by January 1, 2012. ACCESSIBILITY STANDARDS FOR CUSTOMER SERVICE By January 1, 2012, private and not-for-profit organizations should be in…
Federal Pooled Registered Pension Plan (“PRPP”) Legislation Introduced
On November 17, 2011, the Minister of State (Finance) and the Minister of Industry announced the introduction of Bill C-25, An Act relating to pooled registered pension plans and making related amendments to other Acts, new legislation implementing the framework for the federal component of the PRPP. The government will shortly release draft tax rules…
Human Rights Tribunal is not a Judicial Review Body
The Supreme Court of Canada has issued a significant decision limiting the jurisdiction of a human rights tribunal to consider matters that have already been dealt with in another proceeding. In British Columbia (Workers’ Compensation Board) v. Figliola, the Supreme Court considered whether the British Columbia Human Rights Tribunal had jurisdiction to hear a matter that…
Paul Broad Quoted in Canadian Lawyer Magazine
Hicks Morley’s Paul Broad was quoted in the October 24, 2011 edition of Canadian Lawyer magazine. In an article entitled “An odd, but sensible, ruling,” Paul comments on the October 17, 2011 decision of OLRB Chair Bernard Fishbein, authorizing a former Vice Chair of the OLRB to continue to preside over an ongoing certification application…
Regulatory amendment proposed for CPP Post-Retirement Benefit elections
The federal government has proposed a regulatory amendment to the Canada Pension Plan Regulations which prescribes the manner of employee elections (or revocations) regarding the new Post-Retirement Benefit (PRB), which will be available under the Canada Pension Plan (CPP) effective January 1, 2012. The PRB extends participation in the CPP to those employees (and self-employed…