2098 Results

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…

Mandatory WSIB Coverage for Construction Industry to Commence January 1, 2013

As previously reported, effective January 1, 2013, amendments to the Workplace Safety and Insurance Act, 1997 outlined in Bill 119, the Workplace Safety and Insurance Amendment Act, 2008 will extend mandatory WSIB coverage to certain persons in the construction industry. These amendments will apply, with certain exceptions, to independent operators, sole proprietors, executive officers and…

Lauri Reesor Quoted in Canadian Lawyer Legal Feeds

Hicks Morley’s Lauri Reesor was quoted in the December 7, 2012 edition of Canadian Lawyer Legal Feeds. In an article entitled “Case law gap in age-related workplace discrimination,” Lauri comments on the difficulty of addressing workplace discrimination based on age-related disability. She emphasizes that encouraging older workers to retire may constitute discrimination however, once an…

Third Window for BPS Solvency Funding Relief Proposed

On December 5, 2012, the Ontario government posted a regulatory proposal regarding amendments to O. Reg. 178/11 (Solvency Funding Relief for Certain Public Sector Pension Plans), made under the Pension Benefits Act. Comments on the proposal are due by January 20, 2013. Under the proposal, the third and final window for solvency funding relief for…

OLRB Considers Legitimacy of Subcontractor Relationship

The Ontario Labour Relations Board recently exercised its discretion under section 1(4) of the Labour Relations Act, 1995 and dismissed a related employer application without a hearing. The union, which had exercised its bargaining rights with a subcontractor, alleged that the principle of that subcontractor was a “ghost at the bargaining table” and was in…

Changes Made to the WSIB Appeals Process

On November 29, 2012, the Workplace Safety and Insurance Board (“WSIB”) issued a Consultation Report entitled “Modernization of the WSIB’s Appeals Program.” The Report is the result of a consultation process commenced in June 2012, when the WSIB released a Consultation Paper containing certain key proposed features to increase efficiencies within the WSIB appeals process…

Non-Construction Employers and the Construction Industry Provisions of the Labour Relations Act

Employers that are bound to a construction collective agreement and that do not operate within the construction industry find themselves, from time to time, involved in some kind of construction activity. It is important that these employers are aware that in certain cases, their construction activities may keep them within the construction industry provisions of…