In Martin v. ConCreate USL Limited Partnership, a decision released yesterday, the Court of Appeal for Ontario determined that the restrictive covenants included in sale of business agreements were unenforceable. Among other things, the Court found that the duration for the covenants was unreasonable because it was “for an indeterminate period, and there is no fixed,…
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Important Direction on Restrictive Covenants from the Court of Appeal for Ontario
Restrictive covenants in an employment context are intended to control an individual’s competition and conduct in relation to her employer’s business after the employment relationship ends. These covenants will only be upheld by the courts if they are reasonable as between the parties and reasonable in light of the broader public interest in discouraging restraints…
Carrigan v. Carrigan Estate Update: Ontario Pension Regulator Supports Common-Law Spouse’s Appeal
As first discussed in our FTR Now of November 7, 2012 “Ontario Court of Appeal Decision Rewrites the Pension Pre-Retirement Death Benefit Regime“, the decision in Carrigan v. Carrigan Estate fundamentally altered the interpretation of spousal rights and priorities relating to payment of pre-retirement death benefits. The Court of Appeal awarded the pre-retirement death benefit payable under…
Proportionate Approach Necessary to Determine Whether Just Cause Exists
The Court of Appeal for Ontario recently confirmed that a proportionate approach must be taken in determining whether a single incident of misconduct by a long-serving employee with a relatively unblemished work record should result in dismissal for cause. In Plester v. PolyOne Canada, the plaintiff failed to lock out a machine prior to working…
Susan Nickerson Quoted in Canadian Lawyer
Hicks Morley’s Susan Nickerson was quoted in the February 2013 edition of Canadian Lawyer. In an article entitled, “The pension conundrum”, Susan comments on a British Columbia case where two employees won a wrongful dismissal claim which focused entirely on projected losses associated with their pensions. Susan states, “the concept of being in a pension…
Rachel Arbour Interviewed by the Canadian Bar Association’s National TV
Hicks Morley’s Rachel Arbour was recently interviewed by the Canadian Bar Association’s National TV. In the interview, Rachel answers questions regarding the Indalex ruling and explains what it means to companies that sponsor and administer defined benefit pension plans. Watch the interview. Read our FTR Now which summarizes the Supreme Court’s decision in Indalex.
2013 Winter Edition
FOCUS ON BARGAINING Hard bargains LEGAL DEVELOPMENTS The OLRB declines to interfere with legitimate subcontractor relationship Employment contracts: how to get it right and help your chance of success PROFILE Quick study Download PDF
Supreme Court of Canada Weighs in on Plan Deficits and the Fiduciary Duty of Pension Plan Administrators in an Insolvency: Sun Indalex Finance, LLC v. United Steelworkers
INTRODUCTION On February 1, 2013, the Supreme Court of Canada issued its highly anticipated decision in Sun Indalex Finance, LLC v. United Steelworkers, largely overturning the 2011 Ontario Court of Appeal decision. The Supreme Court upheld an expansive definition of the deemed trust under the Ontario Pension Benefits Act (“PBA”) and struck down a constructive…
Raising the Bar – Fifth Edition
“Learn from yesterday, live for today, hope for tomorrow.” Albert Einstein Dear Friends, We’re very pleased to bring you the first 2013 edition of Raising the Bar, as our publication hits its second year. In this issue, we shine a light on the law of fiduciary duties. We discuss…
Ministry of Labour to Target Health Care Workplaces for Safety Inspections
The Ministry of Labour (“MOL”) has announced a safety blitz targeting health care workplaces in the months of February and March. MOL inspectors will conduct inspections to check on issues related to workplace violence and harassment. In this FTR Now, we review some steps you can take to ensure your workplace is compliant with its…