In a recent edition of FTR Now, we reported on two significant Federal Court decisions, Johnstone v. Canada and Seeley v. Canadian National Railway, which confirmed that employers have an obligation to accommodate their employees’ childcare needs. Since the date that FTR Now was published, these two decisions have continued to generate a considerable amount…
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British Columbia Introduces PRPP Legislation
On February 28, 2013, the government of British Columbia introduced Bill 16, Pooled Registered Pension Plans Act. If passed, Bill 16 would authorize pooled registered pension plans (“PRPPs”) to be made available to provincially-regulated employees and self-employed persons in British Columbia, subject to the requirements set out in the federal Pooled Registered Pension Plans Act…
John Field Mentioned in The Lawyers Weekly
Hicks Morley’s John Field was mentioned in the March 1, 2013 edition of The Lawyers Weekly in an article entitled, “Case shows individual nature of constructive dismissal”. The article discusses the Ontario Divisional Court’s decision in Kafka V. Allstate Insurance Co. of Canada where the Divisional Court unanimously upheld the Class Proceedings Judge’s decision which…
Regulation under Section 80.1 of the Pension Benefits Act Proposed
The Ontario government has proposed a new regulation relating to pension asset transfers made under section 80.1 of the Pension Benefits Act (“Act”). Proposed content for this regulation was previously posted for consultation in July 2011. This regulation is required before section 80.1 of the Act comes into effect. Once proclaimed into force, that section…
University’s Removal of Controversial Posters Not Discriminatory under Human Rights Code
In its recent decision SAIA v. Carleton University, the Human Rights Tribunal of Ontario (“Tribunal”) found that the decision by Carleton University to remove certain posters from its campus was not discriminatory, nor was it driven by discriminatory animus against Palestinian students. The University had a policy that posters must be approved by the appropriate…
George Vuicic Quoted in The Lawyers Weekly
Hicks Morley’s George Vuicic was quoted in the February 22, 2013 edition of The Lawyers Weekly in an article entitled, “Fed Court rejects strict test for ‘family status’ claims.” The article discusses two recent cases by the Federal Court which has affirmed that employers may be obliged to adjust their work demands in order to…
George Vuicic Mentioned in the Financial Post
Hicks Morley’s George Vuicic was quoted in the February 2015 edition of Canadian Lawyer InHouse in an article entitled, “Court releases ‘game-changing’ decision on federally regulated employees.” This article discusses the Federal Court of Appeal’s decision in Wilson v. Atomic Energy of Canada Ltd. where it held that federally regulated employers may dismiss employees without…
Court of Appeal for Ontario Clarifies Obligation to Report Injuries to Non-Workers
The recent Blue Mountain Resorts decision of the Court of Appeal for Ontario has clarified the circumstances in which employers are required to report a critical injury or fatality suffered by a non-worker under the Occupational Health and Safety Act (“OHSA”). This FTR Now reviews the decision and its implications for employers. BACKGROUND On December…
Finding that Non-Worker Injury Reportable Under OHSA Overturned by Court of Appeal
Today, the Court of Appeal for Ontario rendered its long anticipated decision in Blue Mountain Resorts Limited v. Ontario (Labour). It overturned a finding of the Ontario Labour Relations Board, upheld on judicial review by the Divisional Court, that the drowning of a Blue Mountain hotel guest in the hotel’s swimming pool was reportable under…
Federal Court Affirms Employer’s Obligation to Accommodate Childcare Needs
The Federal Court of Canada has upheld the finding of the Canadian Human Rights Tribunal (“Tribunal”) that “family status” under the Canadian Human Rights Act (“CHRA”) includes a parent’s obligations to care for a child, and that an employer is obligated to provide accommodation for an employee’s childcare needs. This decision is the latest in…