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TTC “Essential Service” Legislation to be Introduced

· 1 min read

On February 22, 2011, the Ontario government announced plans to introduce the Toronto Transit Commission Labour Disputes Resolution Act, 2011, legislation designating the Toronto Transit Commission an essential service. The legislation, if passed, would provide for binding arbitration by a neutral third party where a collective agreement cannot be reached through bargaining, effectively banning strikes…

New Federal Family Support Garnishment Regulations

· 1 min read

On February 19, 2011, the federal government proposed new regulations under the Family Orders and Agreements Enforcement Assistance Act relating to the garnishment of designated federal monies for the purposes of family support obligations. Specifically, the proposed regulations would designate two new income-related federal sources of funds under section 3 of the Act, including payments…

Ted Kovacs Quoted in Canadian Lawyer Magazine

Hicks Morley’s Ted Kovacs was quoted in the February 2011 edition of Canadian Lawyer Magazine, in the Legal Report: Labour & Employment section. The article, “Facebook is the new water cooler”, discusses the emerging caselaw dealing with the off-duty comment of employees in the context of social media: Is it free and fair speech? or…

Solvency Funding Relief Details for Broader Public Sector Released by Ontario Government

· 9 min read

On February 10, 2011, the Ontario government released the Details of the Proposed Temporary Solvency Funding Relief for Certain Pension Plans in the Broader Public Sector (“BPS”) (the “Details”). The government previously announced that it would consider providing solvency funding relief for pension plans provided in respect of BPS employers in the university sector on…

Solvency Funding Relief Proposal for Public Sector and BPS Pension Plans Released

· 1 min read

On February 10, 2011, the Ontario government released its proposed details regarding solvency funding relief for the public sector and broader public sector (“BPS”). The government first announced that it would consider providing solvency funding relief for university pension plans on August 5, 2010 (which was consistent with the 2010 Budget announcement that solvency funding…

Ontario Court Finds Decision of Human Rights Tribunal to be Factually and Legally Flawed

· 3 min read

The Ontario Divisional Court has recently found that a decision of the Ontario Human Rights Tribunal was legally and factually unsupportable and that it was “simply not possible to logically follow the pathway taken by the adjudicator and to determine the reasonableness of the conclusions reached.” In Audmax v. Human Rights Tribunal of Ontario and…

School Board Update – The Prep Time Payback Saga

· 10 min read

School boards will recall that the topic of “missed preparation time” was addressed in the 2009 Provincial Discussion Table (“PDT”) negotiations. This led to provincial template language that stated “missed preparation time shall only be re-scheduled where a teacher is required by the principal to provide instruction during his or her scheduled preparation time for…

Bill C-28 Receives Royal Assent

· 1 min read

On December 15, 2010, Bill C-28 (formerly the Fighting Internet and Wireless Spam Act), received Royal Assent. The Bill will come into force on a day to be fixed by order of the Governor in Council. As previously reported, the Bill enacts comprehensive anti-SPAM legislation and specifically amends PIPEDA to prohibit the collection of personal…