On October 6, 2014, the Court of Appeal for Ontario unanimously dismissed an appeal from the Ontario Divisional Court’s decision[1] dated April 23, 2013 which in turn dismissed an appeal from a decision dated April 27, 2012, dismissing a motion for certification of a claim regarding eligibility for overtime pay as a class action.[2] The…
Insights
Hicks Morley publishes a number of materials, both electronic and print, on issue-specific and sector-specific topics of interest to our clients. Our insights section has links to all of our various publications, updates and blogs, both current and historical, to keep you informed of developments in the law that impact human resources.
1008 Results
News
In Miller v. A.B.M. Canada Inc., the Ontario Superior Court again nullified a termination provision in an employment contract because it did not strictly comply with the requirements of the Employment Standards Act, 2000 (“ESA”). The plaintiff worked for the defendant for 17 months in a middle management position at an annual salary of $135,000.The…
Human Resources Legislative Update
On July 22, 2014, the Ontario government introduced Bill 21, the Safeguarding Health Care Integrity Act, 2014 (“Bill 21”). In part, the amendments outlined in Bill 21 reintroduce healthcare reform measures first proposed in Bill 117, Enhancing Patient Care and Pharmacy Safety (Statute Law Amendment) Act, 2013, which had not been passed before the June election….
Human Resources Legislative Update
On July 10, 2014, the Ontario government re-introduced omnibus legislation that would substantially reform the education system in Ontario. If passed, Bill 10, the Child Care Modernization Act, 2014, would enact the Child Care and Early Years Act, 2014, amend the Education Act and the Early Childhood Educators Act, 2007, and repeal the Day Nurseries…
FTR Now
On April 29, 2014, the Ontario Legislature passed Bill 21, the Employment Standards Amendment Act (Leaves to Help Families), 2014. Royal Assent was given on the same day. Bill 21 will amend the Employment Standards Act, 2000 (the “Act“) to add three new job-protected leaves of absence effective October 29, 2014 – family caregiver leave,…
FTR Now
Ontario Proposes Significant Pension Regulation Reforms
· 11 min readOn April 25, 2014, the Ontario government released four proposals (the “Proposals” or the “Proposal”) in respect of proposed amendments to Regulation 909 (the “Regulations”) under the Pension Benefits Act (“PBA”) and is seeking comments from interested stakeholders. The Proposals relate to PBA reforms introduced or announced by the Ontario government over the past four…
Human Resources Legislative Update
On April 29, 2014, Bill 21, Employment Standards Amendment Act (Leaves to Help Families), 2014, as amended by the Standing Committee on General Government, passed Third Reading in the Ontario Legislature and received Royal Assent. As previously reported, the Bill will allow eligible employees to take the following job-protected unpaid leaves of absence: •Family Caregiver Leave…
Human Resources Legislative Update
On April 25, 2014, the Ontario government announced a number of proposed amendments to Regulation 909 made under the Pension Benefits Act (“PBA”), further to its ongoing pension reform initiatives. The government is inviting comments from stakeholders on the following proposals: Proposed Amendment to Regulation 909 under the Pension Benefits Act: Disclosure of Environmental, Social…
Case In Point
In a recent adjudication under the Canada Labour Code (the “Code”), Adjudicator Rose relied on the Federal Court decision in Atomic Energy of Canada v. Wilson to grant an employer’s preliminary objection and dismiss an unjust dismissal complaint. In doing so, he found that in the case of without cause terminations an adjudicator lacks jurisdiction under the…
News
A proposed class action brought in Québec by retirees against their former employer was recently authorized by the Supreme Court of Canada. The claim advanced in Vivendi Canada Inc. v. Dell’Aniello related to unilateral changes made by the employer in 2009 to the retirees’ supplemental health insurance plan. The Court found that the four criteria…