In three decisions released in late January, 2015, the Supreme Court of Canada has once again revisited, and expanded, the reach of section 2(d) of the Canadian Charter of Rights and Freedoms (the “Charter“), which guarantees “freedom of association”. In two cases involving the RCMP, the Court held that the unique bargaining scheme imposed on…
Publication Name: FTR Now
Court of Appeal Holds that Counsel May Review Draft Expert Witness Reports
The Court of Appeal for Ontario has clarified the law in deciding that it is appropriate for counsel to review and discuss draft reports of expert witnesses. In so doing, the Court rejected the reasoning in an earlier trial court decision. In Moore v. Getahun, the Court of Appeal concluded that the practice of counsel…
Federal Court of Appeal Breaks the Tie: Without Cause Dismissals Permitted Under Canada Labour Code
The Federal Court of Appeal has acted as a “tie-breaker” on a “nagging legal point” as to whether Part III of the Canada Labour Code (“Code”) permits dismissals on a without cause basis. In Wilson v. Atomic Energy of Canada Limited, the Court unanimously held that it does, bringing welcome clarity to an area of…
New Federal Holiday Pay Formula Effective March 16, 2015
Effective March 16, 2015, significant reforms to the general holiday provisions of Part III of the Canada Labour Code will come into force. The amendments include the introduction of a new “holiday pay” formula and the elimination of certain qualifying requirements. In this FTR Now, we highlight key aspects of these pending changes and the…
New CASL Provision May Have Impact On Bring Your Own Device Policies
Employers should be aware that a provision of Canada’s Anti-Spam Legislation (“CASL”) is coming into force on January 15, 2015 which may have an impact on employers’ bring your own devices (“BYOD”) policies. Section 8 of CASL prohibits a person from installing or “causing to be installed”, in the course of commercial activity, a computer…
Alberta Extends Important Pension Reform Deadlines
As we previously reported, Alberta’s new Employment Pension Plans Act (the “EPPA”) and the accompanying Employment Pension Plans Regulation (“EPPA Regulations”) came into force on September 1, 2014. The new EPPA and the EPPA Regulations completely overhauled the existing pension legislation in Alberta, requiring significant alterations to pension plan terms and administrative practices of pension…
Update on Ontario ORPP and PRPP Legislation
On December 8, 2014 the Ontario government introduced Bill 56, the Ontario Retirement Pension Plan Act, 2014 proposed legislation intended to institute the new Ontario Retirement Pension Plan (“ORPP”). That same day, the government also introduced Bill 57, the Pooled Registered Pension Plans Act, 2014, legislation that will, if passed, provide the legal framework for…
Elimination of Federal Card Check Union Certification and a Lower Threshold for Union Decertification Votes
Effective June 16, 2015, significant reforms to the existing federal union certification and decertification processes will come into effect as a result of key amendments to the Canada Labour Code, the Parliamentary Employee and Staff Relations Act and the Public Service Labour Relations Act. These amendments were enacted by Bill C-525, Employees’ Voting Rights Act, Private…
Maintaining a Workplace Free of Sexual Harassment
Over the past several months, the issue of workplace sexual harassment has been in the spotlight and the subject of considerable discussion. In response to recent media attention, the Ontario Human Rights Commission recently issued a statement reiterating the legal duty of employers to prevent sexual harassment and to respond to any complaints in the…
BPS Accountability Legislation Passes with Significant Amendments
On December 9, 2014, the Ontario government passed Bill 8, the Public Sector and MPP Accountability and Transparency Act, 2014, which gives the government the authority to create comprehensive compensation frameworks for certain employers in the broader public sector (“BPS”), and implements a number of measures to enhance “accountability and transparency” in the government and…