Privacy is an expanding area of law, and it has particular impact on employers. In a recent decision outside of the employment context – R v. Ward – the Court of Appeal for Ontario speaks to the scope of an individual’s reasonable expectation of privacy. The decision in Ward highlights two points of importance to…
Publication Name: FTR Now
Ontario Proposes Significant Changes to Wage Restraint and Collective Bargaining in the Broader Public Sector
On September 26, 2012, the Ontario Minister of Finance announced draft omnibus legislation, the Protecting Public Services Act, 2012 (the “Draft Bill”), which would implement new compensation restraint measures for the Broader Public Sector (“BPS”), and would impose a significant new provincially mandated collective bargaining regime. The Draft Bill would also make changes to the…
Ontario Releases Draft Compensation Restraint Legislation for Consultation
Earlier today, the Ontario Minister of Finance announced draft omnibus legislation, the Protecting Public Services Act, 2012 (the “Draft Bill”), that would implement new, substantially more restrictive compensation restraint measures, and impose a significant new provincially mandated collective bargaining regime, for the Broader Public Sector (“BPS”). Highlights of the Draft Bill include: Schedule 1 (enacting…
Government Announces New Compensation Restraints
Earlier today, the Honourable Dwight Duncan, Ontario’s Minister of Finance, announced a series of new compensation restraints that will apply to government agencies, the Ontario Public Service and the Broader Public Sector. Among the highlights of the government’s announcement are: “Under the plan, executive pay would be permanently capped at no more than double the…
Court of Appeal Finds Insurance Producer Breached Agreement to Pay for his Book of Business
In a recent decision, the Ontario Court of Appeal found that an insurance producer breached his oral agreement with his brokerage that he would pay 50 percent of the fair market value of the book of business if he took it with him when departing. The Court ordered that the producer pay the broker for…
Court Imposes Criminal Code Fines for Workplace Accident
In a recent case, R. v. Metron Construction Corporation, the Ontario Court of Justice imposed one of the first sentences rendered under the Bill C-45 amendments to the Criminal Code of Canada. Those amendments impose criminal liability on organizations (including companies) for the actions of their “representatives” or “senior officers” and require that anyone who…
Pension Reform Measures in Ontario have Arrived
Until recent years, the statutory framework governing occupational pension plans for Ontario employees had remained largely unchanged for 20 years. Then, in 2010 the Ontario government passed two significant pension reform Bills: Bill 236 and Bill 120. There have been four subsequent Bills which made further changes to the Pension Benefits Act (“PBA”). On July…
Divisional Court Affirms Pay Equity Wage Grids and Restricts Tribunal’s Use of Human Rights Code
In a recent decision that will have implications for employers and service providers across Ontario, the Ontario Divisional Court has upheld an important 2010 ruling of the Pay Equity Hearings Tribunal (“PEHT”). In Canadian Union of Public Employees, Local 1999 v. Lakeridge Health Corporation, the Court held that the decision of the PEHT regarding the…
Overtime Class Action Update
On June 26, 2012, the Court of Appeal for Ontario released three decisions in proposed overtime class actions in the latest development respecting claims for overtime by current and former employees. This FTR Now discusses these decisions. The first two cases were heard by the Court of Appeal consecutively and involve proposed class proceedings against…
Amended Ontario Budget Bill Passes
INTRODUCTION Earlier today, the Ontario Legislature passed the government’s Budget bill – Bill 55, the Strong Action for Ontario Act (Budget Measures), 2012. In this FTR Now, we will consider the status of the government’s Budget measures generally, and review the key changes adopted by the Standing Committee on Finance and Economic Affairs (the “Committee”)…