We would like to build this bulletin around the diagram below, which illustrates a very common model by which employers manage medical information – i.e., one in which the employer seeks information from an employee’s treating physician through its own medical adviser. The point we’d like to make is that role definition is key to…
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Accident Investigations
As the number of prosecutions under the Occupational Health and Safety Act (“OHSA”) continue to rise, clients need to be effectively managing accident investigations. We have summarized some of the key OHSA issues that arise in any accident: 1. Know the Reporting Requirements The OHSA sets out different reporting requirements depending on the type of…
2009 Winter issue
FOCUS ON WORKPLACE HEALTH AND SAFETY Use WSIB experience rating to achieve positive outcomes for your organization LEGAL DEVELOPMENTS Investigations in the workplace: proceed, but with care Responding to difficult economic times PROFILE Safety first Download PDF
Information & Privacy Post – 2008 Year In Review
Dear Friends Another year of interesting and significant developments in the law of information and privacy! In 2008 we brought you three editions of the Information and Privacy Post, and have consolidated our case law digests in this Year in Review. It’s written for our management-side client base, but available to all. We hope you…
Human Rights Tribunal Upholds Mandatory Retirement at Age 60 for Firefighters
In an important decision issued December 18, 2008, the Human Rights Tribunal of Ontario has upheld a provision in a Collective Agreement which requires mandatory retirement at age 60 for firefighters. In the City of London decision, Adjudicator David A. Wright found that while the provision was prima facie discriminatory, it could be reasonably justified…
Ontario Government Announces Pension Funding Relief
Spurred on by the current economic unrest, the Ontario Government announced yesterday that it will introduce legislation in early 2009 to provide pension plans with solvency funding relief. Following on the heels of the release of the Report of the Expert Commission on Pensions, the proposed temporary solvency relief is intended to better ensure the…
Newsflash: Ontario Government to Amend the Employment Standards Act, 2000
Yesterday, the Ontario Government introduced Bill 139, the Employment Standards Amendment Act (Temporary Help Agencies), 2008, and also announced related changes to the ESA regulations. These changes will affect any employer or organization that: (1) employs “elect to work” or casual employees; (2) is a temporary help agency; or (3) uses the services of a…
2008 Fall issue
FOCUS ON HUMAN RIGHTS Human rights issues: Expanding across the labour and employment spectrum LEGAL DEVELOPMENTS Boundaries of religious accommodation better defined Little car, big fear: When is a disability a disability? PROFILE The rights stuff Download PDF
Hicks Morley Information & Privacy Post – Fall 2008
We’re nearing the end of 2008 and are happy to present another edition of the Post. There’s been no shortage of significant developments in the law of information and privacy of late, including a rather welcome clarifying judgement from the Alberta Court of Appeal on the law of spoliation. The case, called McDougall, certainly does…
Ontario Expert Commission on Pensions Releases Report
The Ontario Expert Commission on Pensions (the “Expert Commission”) released its much anticipated Report “A Fine Balance” to the public today. The full Report is 222 pages and contains 142 recommendations “for reforming and reinvigorating Ontario’s pension system”. HIGHLIGHTS OF KEY FINDINGS AND RECOMMENDATIONS New Regulatory Regime Recommended The Expert Commission recommended that the current…