The Supreme Court of Canada (“SCC”) recently released a unanimous decision authorizing a class action on behalf of retirees against their former employer, relating to announced changes to their supplemental health insurance plan (“Plan”). The case, Vivendi Canada Inc. v. Dell’Aniello, was decided under the specific wording of the Québec class proceedings statute. In 2009,…
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Hicks Morley Featured in Benefits and Pensions Monitor
On January 30, 2014, Benefits and Pensions Monitor commented on Hicks Morley’s recent Advantage session entitled “Times, They are a Changing in the Pension & Benefits World.” Natasha Monkman was featured in this edition for their contributing topics in our Advantage session. Terra discussed how reformation measures aim to find a medium between defined contribution and…
Recent Award on DECE Breaks: Implications for School Boards
In an arbitration award released on January 17, 2014, Arbitrator George Surdykowski ruled that Designated Early Childhood Educators (“DECEs”) may not be scheduled to take breaks during the instructional day “unless appropriate and permissible replacement arrangements are made”. The Award makes it clear that such “arrangements” must involve the scheduling of a “replacement DECE” so…
Ontario Minimum Wage Increasing to $11 on June 1, 2014
On January 30, 2014, the Ontario government announced that the general minimum wage will increase from $10.25 to $11 per hour, effective June 1, 2014. This regulatory change is intended to reflect the increase in the Consumer Price Index (“CPI”) since the last minimum wage increase, which occurred in 2010. A list of the new minimum…
Mere compliance with OHSA order not a mitigating sentencing factor, says Ontario Court of Appeal
Flex-N-Gate, an automobile parts manufacturer, was charged under the Occupational Health and Safety Act (“OHSA”) after a worker badly injured her foot while unbundling 5200 bounds of metal sheets. At the time of the accident the injured worker was following company procedure. A Ministry of Labour (“MOL”) inspector investigated the accident and issued two orders…
2014 Winter Edition
FOCUS ON SOCIAL SERVICES Balancing interests – legal challenges in the social services sector LEGAL DEVELOPMENTS The changing status of family status Workplace investigations: avoiding common pitfalls PROFILE Class act Download PDF
Supreme Court of Canada Speaks on the Deductibility of Income Replacement Benefits from Wrongful Dismissal Damages
The Supreme Court of Canada has provided some much needed clarity to the issue of the deductibility of income replacement benefits from wrongful dismissal damages in its long-awaited decision, IBM Canada Ltd. v. Waterman (“Waterman“). Justice Cromwell, writing for the majority of the Court, dealt with the deductibility of pension benefit payments in particular. Ultimately,…
Paul Broad Quoted in Canadian Lawyer Magazine
Hicks Morley’s Paul Broad was quoted in the January 6, 2014 edition of Canadian Lawyer magazine in an article entitled “Bill 146 may be much ado about nothing.” The article discusses Bill 146, which proposes changes in statutes with respect to the regulation of temporary, unpaid, and foreign worker groups. If the Bill passes, Paul…
Federal Government Implements Pension Funding Relief Regulations (Air Canada)
On January 1, 2014, the federal government published regulations extending the temporary funding relief provided to Air Canada under the Air Canada Pension Plan Funding Regulations, 2009, which were originally set to expire on January 30, 2014. The Air Canada Pension Plan Funding Regulations, 2014 temporarily relieve Air Canada from the requirement to make special…
Expanded OLRB Power to Consider Bill 168 Workplace Harassment Reprisal Complaints
Based on two decisions rendered late last month, the Ontario Labour Relations Board (“OLRB” or “Board”) has expanded the scope of the Board’s authority to consider complaints arising from the Bill 168 workplace harassment amendments to the Occupational Health and Safety Act (“OHSA” or “Act”). This moves away from the Board’s decision in Confortia v….