On March 6, 2015, the Ontario government published It’s Never Okay: An Action Plan to Stop Sexual Violence and Harassment, a targeted action plan (“Plan”) to address sexual violence and harassment in Ontario, in part through significant legislative reforms and sector-specific training initiatives. Among other things, the Plan will target sexual violence and harassment in…
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Solicitor-Client Privilege Does Not Necessarily Arise Where Lawyer Copied on Internal HR Email
Is an email sent by a human resources employee and copied to the employer’s lawyer covered by solicitor-client privilege? The Ontario Superior Court of Justice recently answered this question in Jacobson v. Atlas Copco Canada Inc. This action involved a plaintiff’s claim for wrongful dismissal. His employment had been terminated for allegedly participating in a…
Ontario to Consult on Labour and Employment Reform
On February 17, 2015, the Ontario government announced the launch of public consultations to consider reforms to the Labour Relations Act, 1995 (“LRA”) and the Employment Standards Act, 2000 (“ESA”) in light of the “changing nature of the modern workplace.” In this FTR Now, we highlight key issues that will be under review, and how…
Ontario Publishes Review of AODA and Recommendations
On February 13, 2015, the Ontario government published a report on the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”) by Mayo Moran, Provost and Vice-Chancellor of Trinity College at the University of Toronto. The report constitutes the second legislative review of the AODA, and outlines her recommendations to the government, which include: renewal of…
Ontario to Launch Public Consultations on Labour and Employment Legislation
On February 17, 2015, the Ontario government announced the launch of public consultations on the Labour Relations Act, 1995 and Employment Standards Act, 2000. The consultations will include an examination of the following workplace issues: non-standard working relationships, including temporary jobs, part-time work, and self-employment; the service sector; globalization and trade liberalization; technological change; and…
City Did Not Breach Duty to Accommodate When it Declined Firefighters’ Request for Exception to Mandatory Retirement Policy
In a recent decision, Corrigan v. Corporation of the City of Mississauga [1], the Divisional Court dismissed an application for judicial review of a decision of the Human Rights Tribunal of Ontario (the “Tribunal”), which found that the City of Mississauga did not breach its procedural duty to accommodate when it declined to accommodate suppression…
Supreme Court Expands “Freedom of Association” and Recognizes Right to Strike
In three decisions released in late January, 2015, the Supreme Court of Canada has once again revisited, and expanded, the reach of section 2(d) of the Canadian Charter of Rights and Freedoms (the “Charter“), which guarantees “freedom of association”. In two cases involving the RCMP, the Court held that the unique bargaining scheme imposed on…
2015 Pension, Benefits and Executive Compensation Update
Materials Hicks Morley Pension and Benefits 2015 Case Law Update PowerPoint Presentation Slides Agenda Strong performance throughout much of 2014 returned many employers and pension plans to a more solid footing. With the potential for significant economic change in 2015, employers and pension plan administrators will face both challenges and opportunities. This session will update…
2015 Winter Edition
FOCUS ON KNOWLEDGE MANAGEMENT Inside knowledge management: how it benefits you LEGAL DEVELOPMENTS Top ten legal developments of 2014 The 2015 compliance challenge PROFILE From northern frontier to eastern shores Download PDF
Ontario Proposes PBA Regulations For Merging or Converting SEPPs into JSPPs
On January 20, 2015, the Ontario government released proposed new regulations (“proposed Regulations”) under the Pension Benefits Act (“PBA”) for public comment. The proposed Regulations are designed to facilitate the merger of broader public sector (“BPS”) single employer pension plans (“SEPPs”) and jointly-sponsored pensions plans (“JSPPs”), either through (a) a transfer from the SEPPs to…