1008 Results

School Board Update

In Piddisi v Toronto Catholic District School Board, a decision released on June 7, 2016, Arbitrator William Marcotte awarded a retired Supervisory Officer (SO) formerly employed by the Toronto Catholic District School Board (TCDSB) damages for the TCDSB’s failure to pay premiums for post-retirement benefits…

Human Resources Legislative Update

On May 17, 2016, the federal government introduced Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code, proposed legislation adding gender identity and gender expression to the list of prohibited grounds of discrimination in the Canadian Human Rights Act (CHRA). If passed, Bill C-16 would protect transgender and gender-diverse…

Case In Point

In Howard v. Benson Group Inc. (The Benson Group Inc.), the Ontario Court of Appeal ruled that in the absence of an express provision specifying a pre-determined notice period or pay in lieu (for early termination without cause), on the early termination of a fixed term contract an employee is entitled to the wages the…

Case In Point

In a case that can only add to the risk of privacy claims faced by organizations, the Ontario Superior Court of Justice recently awarded damages based on the new tort of “public disclosure of embarrassing private facts.” In Doe 464533 v N.D., the Court awarded damages to a plaintiff whose former boyfriend coaxed her to…

Case In Point

Employment relationships generally fall into one of three categories: employee, dependent contractor or independent contractor. Exclusivity is often a key consideration when determining what category applies. Recently, the Court of Appeal for Ontario considered the degree of exclusivity required in a dependent contractor relationship in Keenan v. Canac Kitchens Ltd. In Keenan, the plaintiffs had…

FTR Now

An Update on WSIB Rate Framework Reform

· 4 min read

In March, 2015, the Workplace Safety and Insurance Board (“WSIB”) proposed a new Rate Framework (“Proposed Framework”) which, if adopted, would fundamentally change the way the WSIB classifies Schedule 1 employers and sets their premium rates (see our FTR Nows of April 17, 2015 “WSIB Rate Framework Reform: Stakeholder Input Invited” and August 21, 2015 “An…

Human Resources Legislative Update

On December 3, 2015, O. Reg 376/15, amending O. Reg. 274/12 (Hiring Practices) made under the Education Act, was filed. The amendments, which are technical in nature, relate to the hiring practices for long-term occasional (“LTO”) teachers represented by the Ontario English Catholic Teachers’ Association (“OECTA”). Among other things, the amendments specify timing requirements for the application and interview…

Human Resources Legislative Update

On December 10, 2015, Bill 12, An Act to Amend the Employment Standards Act, 2000 With Respect to Tips and Other Gratuities, received Royal Assent, and accordingly, its reforms to the Employment Standards Act, 2000 (“ESA”) will come into force on June 10, 2016 (i.e. 6 months after the Royal Assent date). As previously reported, the Bill 12…