In our first HR Healthcheck of 2020, we discuss two cases you need to know about. The first deals with whether a scheduled medical procedure under conscious sedation falls within the “sick leave” provisions of HOODIP. The second case considers management rights under the central CUPE collective agreement and a Hospital’s right to transfer employees.
Industry: Healthcare
New Standard of Review for Treatment Capacity Appeals – The Vavilov Effect
In December 2019, the Supreme Court of Canada established a new framework that is designed to guide courts on applying the standard of review in judicial review applications. The Court’s long-awaited “trilogy” of cases in Canada (Minister of Citizenship and Immigration) v Vavilov and the two companion appeals heard together in Bell Canada v Canada (Attorney General) (collectively, Vavilov) represents an express departure and evolution from the framework that the Court set out in previous cases. Consequently, these decisions will affect the standard upon which Consent and Capacity Board (CCB) appeals will be heard by the courts.
Pension Law 2020: A Clear Look at the Latest Pension Law Reforms
In this FTR Now, we highlight the new pension rules that are of particular interest to employers and pension plan administrators.
New Year – New Standard of Review
Just prior to the end of 2019, the Supreme Court of Canada established a new framework that is designed to guide lower courts on applying the standard of review in judicial review applications. The Court’s long-awaited “trilogy” of cases in Canada (Minister of Citizenship and Immigration) v. Vavilov and the two companion appeals heard together in Bell Canada v. Canada (Attorney General) represents an express departure and evolution from the framework that the Court set out in the case of Dunsmuir decided over a decade ago.
Federal Government Postpones Changes to Stock Options
In June 2019, the federal government tabled a Notice of Ways and Means Motion to limit the benefit of the employee stock option deduction for high income individuals employed at large, long-established, mature organizations. Stakeholders were invited to provide input on the characteristics of small, growing companies that should not be subject to the new…
Changes Are Coming to the Justice System in Ontario
On December 9, 2019, the Ontario government tabled Bill 161, Smarter and Stronger Justice Act, 2019, omnibus legislation that, if passed, would enact significant changes to the justice system through amendments to numerous statutes. Set out below is a brief summary of the notable changes to the Class Proceedings Act, 1992, the Courts of Justice…
WSIB Schedule 1 Regulation Filed Further to New Rate Framework
In anticipation of the Workplace Safety and Insurance Board’s new Rate Framework implementation date of January 1, 2020, the Ontario government filed Ontario Regulation 417/19 which amends O. Reg. 175/98 (General Regulation) made under the Workplace Safety and Insurance Act, 1997. O. Reg. 417/19 revokes and replaces Schedule 1 of the General Regulation, to reflect…
Ontario Amends Sign Requirements under the Smoke-Free Ontario Act, 2017
On December 13, 2019, the Ontario government filed Ontario Regulation 430/19 (Regulation) which amends Ontario Regulation 268/18 (General) made under the Smoke-Free Ontario Act, 2017 with respect to the sign requirements for employers and proprietors. The Regulation comes into force on January 1, 2020. As we previously reported, pursuant to Ontario Regulation 268/18, employers and…
FTR Quarterly – Issue 15
In This Issue: Protection in the Face of Employee Fraud, Key Human Resources Decisions in in 2019 and Cases to Monitor in 2020 and more!
Action for Constructive Dismissal as a Result of Workplace Harassment Statute-Barred by WSIA
The Workplace Safety and Insurance Appeals Tribunal (WSIAT) has held that a civil action for constructive dismissal based on alleged workplace harassment and bullying was statute-barred under the Workplace Safety and Insurance Act, 1997 (WSIA) and could not proceed.