In Tremblay v. 1168531 Ontario Inc., the Human Rights Tribunal of Ontario issued its first decision in which it held an applicant accountable for breaching a confidentiality clause in a settlement arising from the resolution of a human rights application brought against her employer. The employee had signed an agreement to maintain the confidentiality of…
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The CBA National Labour and Employment Law Section Newsletter Publishes Article by Julia Nanos
An article by Hicks Morley’s Julia Nanos was published in the November 2012 issue of The CBA National Labour and Employment Law Section Newsletter. In the article entitled, “‘Non-construction employer’ declaration provision of Ontario’s Labour Relations Act, 1995 does not infringe the Charter: ONCA”, Julia comments on a recent Ontario Court of Appeal decision concerning…
Accommodation and the Special Needs Child: The Supreme Court of Canada Decision in Moore
The Supreme Court of Canada has released an important decision which reaffirms some of the key principles in the accommodation process. The issues in Moore v. British Columbia (Education) arose from the financial choice made by a British Columbia School District in the provision of services. The Court’s criticism of the failure of that District…
HRTO and Developments in the Law of Reconsideration
Organizations which have experience litigating matters at the Human Rights Tribunal of Ontario (the “Tribunal”) are likely aware that unsuccessful parties often utilize the Tribunal’s “reconsideration” process to attempt to overturn those decisions. While the Tribunal regularly issued reconsideration decisions, it was quite rare for it to grant a reconsideration request. However, recent decisions suggest…
Pension Solvency Funding Relief Is Here…Again
INTRODUCTION On November 1, 2012, important amendments were made to the Pension Benefits Act Regulation 909 (the “Regulation”). The amendments extend the temporary solvency relief measures for eligible defined benefit pension plans and make housekeeping changes to the sections requiring defined benefit pension plans to file annual, rather than triennial, actuarial valuations. This FTR Now…
Significant Decision on Pre-Retirement Death Benefits Rendered by Ontario Court of Appeal
On October 31, 2012, the majority of the Ontario Court of Appeal departed from the pension industry’s widely held interpretation of section 48 of the Pension Benefits Act when it awarded the pre-retirement death benefit payable under an Ontario registered pension plan to a member’s designated beneficiaries rather than to the member’s common law spouse….
Ontario Court of Appeal Decision Rewrites the Pension Pre-Retirement Death Benefit Regime
On October 31, 2012, a majority of the Ontario Court of Appeal awarded the pre-retirement death benefit payable under an Ontario registered pension plan to a member’s designated beneficiaries rather than to his common law spouse. The majority’s decision in Carrigan v. Carrigan Estate (“Carrigan”) is a departure from the pension industry’s widely held interpretation…
2013 Maximum Pensionable Earnings Under CPP Announced
On November 1, 2012, the federal government announced that in 2013, the maximum pensionable earnings under the Canada Pension Plan will be $51,100. The maximum employer and employee contribution rates will remain at the 2012 rate of 4.95%.
2012 Fall Edition
FOCUS ON 40TH ANNIVERSARY A “client first” culture – 40 years of Hicks Morley excellence LEGAL DEVELOPMENTS Recent case imposes Criminal Code fines for workplace health and safety violations Healthy email use for corporations: Ten tips PROFILE Covering all the bases Download PDF
Court Orders for Preservation of Evidence: What You Need to Know
We are all familiar with the concept of a search warrant, from watching police dramas on TV or in a movie theatre. But you may not know that the courts can issue a type of search warrant to litigants in a civil case. These are called “Anton Piller” orders, and they are typically meant to…