2095 Results

Federal Government Registers Pooled Registered Pension Plans Regulations

On October 5, 2012, Pooled Registered Pension Plans Regulations were registered by the federal government. The Regulations provide supporting details for the Pooled Registered Pension Plans Act (“Act”). Among other things, the Regulations establish: the licensing conditions for a Pooled Registered Pension Plan (“PRPP”) administrator; the management and investment of funds in PRPP members’ accounts;…

Arbitrator Uses Proportionality Approach in Determining Discipline of Multiple Employees

A recent arbitration decision provides useful insight for employers about the nuance that an arbitrator may apply to review a penalty decision and as well serves as a reminder that employers ought to be careful to consider all factors when imposing discipline, especially when there are multiple employees involved. In Bell Technical Solutions v. Communications,…

The Latest Developments in the Law of Wrongful Dismissal: Updates on Written Contracts and Mitigation, Constructive Dismissal, Cause for Dismissal and Damages (Accredited)

  Agenda The purpose of this session is to provide in-house counsel with an update on recent developments in key areas of employment law and to discuss the professional implications unique to their role as advisor to an organization. Constructive Dismissal Recent developments in the law of constructive dismissal will be canvassed, including attempted claims…

Supreme Court of Canada Discusses the Reasonable Expectation of Privacy in Workplace Computer

The Supreme Court of Canada has issued a significant decision regarding workplace privacy. In R. v. Cole, it unanimously held that employees have a diminished, but reasonable, expectation of privacy in personal information stored on an employer-issued computer. Employers may continue to access information stored on their work systems for their legitimate purposes, though they…

Supreme Court of Canada Renders Decision on Reasonable Expectation of Privacy in Workplace Computer

The Supreme Court of Canada rendered R. v. Cole in which it unanimously held that employees have a diminished but reasonable expectation of privacy in the use of their workplace computers. This case involved a warrantless police search of the accused’s workplace computer, which contained materials alleged to be child pornography. That evidence was excluded…

Federal Court of Appeal Interpretation Stands: Remuneration of Office-Holders Pensionable for CPP Purposes

On October 4, 2012, the Supreme Court of Canada denied leave to appeal from the Federal Court of Appeal’s decision in Minister of National Revenue and Real Estate Council of Alberta (“RECA”), and in doing so has helped to clarify how certain amounts paid to board members, council members and office-holders are to be treated…

Tax Measures from Federal Budget 2012 to be Implemented

On October 15, 2012, the federal government tabled a Notice of Ways and Means Motion to implement certain tax measures contained in the government’s March 2012 budget, the Economic Action Plan, 2012 – A Plan for Jobs, Growth and Long-Term Prosperity. Among other things, the Notice of Ways and Means Motion includes implementation of the…

International Employment Lawyer Newsletter Publishes an Article by Michael Hines

An article by Hicks Morley’s Michael Hines was published in the September edition of International Employment Lawyer Newsletter. In the article entitled, “Canada – Freedom of Association under the Charter: Snake or Tree?“, Michael discusses recent contradictory judicial decisions concerning the “right to strike” asserted under section 2(d) of the Charter as interpreted by the…

Information Bulletins on Anti-spam Legislation Published

Two information bulletins have been published by the Canadian Radio-Television Communications Commission (CRTC) to help businesses better understand Bill C-28, the federal anti-spam legislation. The bulletins include, among other things, examples of acceptable practices. As previously reported, Bill C-28 enacts comprehensive anti-spam legislation and specifically amends the Personal Information Protection and Electronic Documents Act (“PIPEDA”)…