2095 Results

Alberta Court of Appeal Grants Leave to Appeal in Case Regarding Employer’s Health and Safety Obligations

Clearing the path for a future decision which is likely to provide further clarity on an employer’s health and safety obligations, the Alberta Court of Appeal has granted an employer’s application for leave to appeal in R. v. XI Technologies, in which it was found liable under the Alberta Occupational Health and Safety Act (“OHSA”)…

Receipt of WSIB Benefits Bars Claim for Additional Monetary Damages at Arbitration

An arbitrator recently affirmed that a grievor is not entitled to monetary damages under a collective agreement where that grievor has received benefits from the Workplace Safety and Insurance Board (“WSIB”) in respect of the accident for which damages are claimed. Arbitrator Howe considered section 26(2) of the Workplace Safety and Insurance Act (“WSIA”) and…

SCC Grants Leave to Appeal in Freedom of Association/Collective Bargaining Case

On December 20, 2012, the Supreme Court of Canada granted leave to appeal in the Mounted Police Association case which considered whether RCMP Regulations dealing with consultations between management and officers offended the freedom of association guarantee found in section 2(d) of the Charter. This case is important because it deals with the scope of…

New AODA Built Environment Standards Regulations Filed

On December 17, 2012, the Ontario government filed two regulations amending the Accessibility Standards for Customer Service and the Integrated Accessibility Standards, regulations enacted under the Accessibility for Ontarians with Disabilities Act, 1995 (“AODA”). O. Reg. 413/12 adds new Built Environment Standards on the design of public spaces to the Integrated Accessibility Standards regulation (O….

Federal Pooled Registered Pension Plan (PRPP) Framework Now in Force

On December 14, 2012, the federal government announced that the second and final tranche of the regulations under the Pooled Registered Pension Plans Act (“Act”) came into force on that day, following the conclusion of a period for public comment. As previously reported, these supporting regulations address provisions of the Act, including: general requirements regarding…

When is a Pension Assignment not an Assignment?

Pension plan administrators are often required to interpret the wording of court orders and separation agreements to determine whether there is a valid and effective assignment of an interest to a member’s former spouse. Until now, the courts have not provided clear guidance on what language is needed in order to create an assignment. On…