On April 25th the Supreme Court of Canada issued a much anticipated decision concerning a sniffer dog search of a high school that led to drug related charges against a student. A 6-3 majority of the Court held that the police violated the student’s Charter right to be free from unreasonable search and seizure and…
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More Information on Family Status Accommodation
As many of you will know, we are currently presenting a series of client conferences across the province. One of the human rights issues we have been featuring in our conferences is the accommodation of family status. We have received some requests from attendees for case citations for some of the decisions referenced in our…
2008 Spring issue
FOCUS ON INFORMATION AND PRIVACY Employee privacy in an electronic world LEGAL DEVELOPMENTS Providing benefits after age 65 Drug testing laws continue to evolve PROFILE Employment litigation and beyond Download PDF
School Board Update – April 2008
IN THIS ISSUE: Staff Meetings WSIB Case Management Prep Time Payback Program Principals Return from Maternity Leave Noon-Hour Entry Time Sick leave Credits STAFF MEETINGS The issue of mandatory attendance at staff meetings scheduled outside of the instructional day, and the topics or material discussed at such meetings, has arisen at various Boards. An October…
Update on Family Day
Immediately following last year’s provincial election, the Ontario Government created a new public holiday under the Employment Standards Act, 2000 (the “ESA”) – Family Day, which falls on the third Monday of each February. Shortly after the introduction of the new holiday, employers turned their mind to the question of whether they would be required…
Termination of Municipal Officers: The New Rules
This Client Update follows up on our March 2008 Update regarding the Supreme Court of Canada’s landmark decision in Dunsmuir v. New Brunswick, 2008 SCC 9 (CanLII). As discussed in the previous Update, the Supreme Court significantly reformed the law relating to the termination of public office holders. The Court clearly signalled that where office…
Information & Privacy Post – Volume-3, Number-1
In this issue Canadian e-discovery enters next era FREEDOM OF INFORMATION – EXCEPTIONS – PRIVILEGE FREEDOM OF INFORMATION – EXCEPTIONS – UNJUSTIFIED INVASION OF PERSONAL PRIVACY FREEDOM OF INFORMATION – FREEDOM OF THE PRESS PRIVACY – ACCESS TO PERSONAL INFORMATION PRIVACY – APPLICATION, EXCLUSIONS AND MATTERS OF JURISDICTION PRIVACY – COLLECTION USE AND DISCLOSURE –…
Scholarships for Adult Children – Not a Taxable Employee Benefit
INTRODUCTION In a trio of cases dated March 7, 2008, the Tax Court of Canada allowed three taxpayers’ appeals regarding the taxation of employer-paid amounts awarded to the taxpayers’ adult children in respect of post-secondary tuition. In Dimaria v. The Queen, Bartley v. The Queen, and Okonski v. The Queen, the Court rejected Canada Revenue…
Employment Standards Update
Employers should take note of some recent developments under Ontario’s Employment Standards Act, 2000. RENEWAL OF EXCESS HOURS APPROVALS For employers who have in place an excess hours agreement that was approved for a three-year term by the Director of Employment Standards in the spring of 2005, the time has come to apply for a…
Federal Budget 2008
IN THIS ISSUE: Tax-Assisted Savings and Retirement Initiatives Tax-Free Savings Accounts Life Income Funds (LIF) Registered Education Savings Plans (RESP) Registered Disability Savings Program (RDSP) Guaranteed Income Supplement (GIS) Employment Insurance Reform Benefits Motor Vehicle Expenses Medical Expense Tax Credit (METC) Application of GST/HST to Health Care Services and Products Continued Support for Common Securities…