On March 28, 2013, the Supreme Court of Canada will render its leave to appeal decision in Quinn v. Carrigan. The majority of the Ontario Court of Appeal awarded the payment of the pre-retirement death benefit payable under an Ontario registered pension plan to a member’s designated beneficiaries rather than to his common law spouse…
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Federal Budget 2013
On March 21, 2013, the Minister of Finance, the Honourable James M. Flaherty, tabled the 2013 Federal Budget “Jobs, Growth and Long Term Prosperity – Economic Action Plan 2013.” In this FTR Now we review those Budget items that are of most interest to employers, human resources professionals and pension plan administrators. These include: Amendments…
Ontario Launches Consultation on Development of Occupational Health and Safety Strategy
The Ontario Ministry of Labour has launched a consultation process further to the development of its first province-wide integrated occupational health and safety strategy. It has issued a consultation paper, “An Integrated Occupational Health and Safety Strategy for Ontario”, for review and comment by stakeholders. Feedback is invited on issues such as: addressing the needs…
College Update – Second Edition
Dear Friends, Spring is just around the corner and with the changing of the season, what better time for us to welcome our second edition of College Update! Hicks Morley’s College Practice Group is pleased to periodically provide our College clients with specific information relevant to your particular interests. In this edition we discuss labour…
B.C. PRPP Legislation Does Not Proceed Past First Reading
As previously reported, the British Columbia government tabled Bill 16, Pooled Registered Pension Plans Act on February 28, 2013. With the adjournment of the Legislature on March 14, 2013 in anticipation of the May 14, 2013 provincial election, Bill 16 did not proceed past First Reading. Once the Legislature dissolves prior to the election, Bill…
Employer’s Use of Video Surveillance in Fire Station Reasonable When Addressing a Serious Safety Concern
Arbitrator Sheehan has affirmed that an employer may install and operate video surveillance in a workplace where it has legitimate and serious concerns about safety issues. In this arbitration, a firefighters’ Association grieved the installation of cameras at two fire stations. It argued, among other things, that the requirement that the employees be subject to…
OLRB Dismisses Duty of Fair Representation Applications Against OECTA
On February 26, 2013, the Ontario Labour Relations Board (“OLRB”) released a decision dismissing four different duty of fair representation applications filed by members and local leaders of the Ontario English Catholic Teachers’ Association (“OECTA”) against OECTA relating to OECTA’s negotiation of its Memorandum of Understanding dated July 5, 2012 with the provincial government (“MOU”)….
George Vuicic Quoted in Canadian HR Reporter
Hicks Morley’s George Vuicic was quoted in the March 11, 2013 edition of Canadian HR Reporter in an article entitled, “Employers have duty to accommodate child-care needs: Federal Court.” The article discusses a recent landmark court decision that confirms employers have an obligation to try to provide accommodation for an employee’s child-care needs. In the…
Municipal Monitor Publishes an Article by Craig Rix and David Ross
An article by Hicks Morley’s Craig Rix and David Ross was published in the Spring 2013 edition of Municipal Monitor. In the article entitled, “Making the Case for a Better Interest Arbitration System,” Craig and David discuss the need for greater accountability and transparency within Ontario’s arbitration system. View Article
OHSA Regulations Amended to Ensure Compliance with Ontario Colleges of Trades and Apprenticeship Act, 2009
On March 1, 2013, a number of amendments to regulations made under the Occupational Health and Safety Act were filed to bring those regulations into compliance with the Ontario College of Trades and Apprenticeship Act, 2009 (“Act”). The Act will be proclaimed in force, in part, on April 8, 2013. On that date, section 103…