1135 Results

IMEs and the Scope of an Employer’s Communications with IME Examiners

The Ontario Court of Appeal has denied leave to appeal a judicial review of a Human Rights Tribunal of Ontario (Tribunal) decision that found an employer’s request for an Independent Medical Examination (IME) as part of the accommodation process reasonable in the circumstances. This case further provides helpful guidance with respect to the scope of…

Ontario Court Declines to Consider Wrongful Dismissal Action Where Ontario Resident Worked in Michigan

In its recent decision in Koutros v Persico USA Inc., the Ontario Superior Court of Justice set aside the service of a Statement of Claim and stayed an action on the basis that Michigan (not Ontario) was the appropriate jurisdiction in which to dispute the termination of an employment contract. The plaintiff lived near Windsor…

Proposed Data Breach Regulations Under PIPEDA Published

On September 2, 2017, the federal government published the proposed regulatory text of the Breach of Security Safeguards Regulations (Regulations) made under the Personal Information Protection and Electronic Documents Act (PIPEDA). Interested persons have been invited to make representations on the Regulations. As previously reported, amendments to the PIPEDA enacted by the Digital Privacy Act…

WSIB Launches Public Consultation on Draft Policies for New Rate Framework

The Workplace Safety and Insurance Board (WSIB) has launched a public consultation on seven draft policies made in support of its new Rate Framework, which was approved by the WSIB Board of Directors in November 2016. The Rate Framework has a targeted implementation date of January 2019. Comments are invited on the following draft policies:…

Employees on LTD Not Automatically Entitled to Continued Employment for Purposes of Maintaining Group Benefits Coverage

In a recent decision, Corporation of the Township of Langley v. Canada Union of Public Employees, Local 403, the British Columbia Labour Relations Board set aside and ordered the reconsideration of an arbitration decision in which the Arbitrator had ruled that terminations of several employees on long-term disability (LTD) was discriminatory. Each of the terminated…

Ontario’s New Child and Family Services Framework is Coming Soon

As we previously reported, the Ontario government introduced Bill 89, the Supporting Children, Youth and Families Act, 2016 (Bill 89), omnibus legislation repealing the current Child and Family Services Act, and enacting new legislation in its place. Bill 89 received Royal Assent on June 1, but is not yet in force. Certain amendments to the…