Earlier this year, Arbitrator Owen Shime issued an award which has garnered much attention on account of the amount of damages assessed against the Greater Toronto Airport Authority (GTAA) for the wrongful termination of an employee who had been on sick leave. However, the greater potential significance of this award is found in its articulation…
Publication Name: FTR Now
Government Institutions Should Take Note of a Recent Supreme Court of Canada Case on Access to Government Information
On June 17th, the Supreme Court of Canada issued a significant judgement on access to government information. In Ontario (Public Safety and Security) v. Criminal Lawyers’ Association, 2010 SCC 23 (CanLII) (the “CLA” case), it held that the Canadian Charter of Rights and Freedoms (the “Charter“) gives the public a limited right of access to…
Hicks Morley Introduces Legislative Update Blog
Hicks Morley is pleased to announce the launch of Human Resources Legislative Update, a blog designed to provide human resources professionals with timely information about developments in a range of employment-related areas. In this FTR Now, we highlight the features of this new service. To access the blog click here. BACKGROUND Since 1997, Hicks Morley…
Federal Government Introduces Legislation to Create “PIPEDA 2.0”
On May 25th, the federal government introduced Bill C-29, the Safeguarding Canadians’ Personal Information Act, and Bill C-28, the Fighting Internet and Wireless Spam Act. If passed, these Bills would make changes to the Personal Information Protection and Electronic Documents Act (“PIPEDA” or the “Act”) that are of significance to federal sector employers, as well…
Implementing Phase One of Ontario Pension Reform: A Roadmap for Plan Sponsors and Administrators
On Tuesday, May 18, 2010, Bill 236, the Pension Benefits Amendment Act, 2010 (“Bill 236”), the first major piece of pension reform legislation to be approved by the Ontario Legislature in over two decades, received Royal Assent. The Bill 236 amendments enhance certain individual member rights and entitlements, provide the Superintendent of Financial Services with…
Are You Ready for Bill 168? Preventing Workplace Violence and Bill 168 – A Guide for Employers
Bill 168, the Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace), 2009 will come into effect on June 15, 2010. Bill 168 requires employers to develop policies and programs to address workplace violence and harassment and to assess the risk of violence in its workplace. Hicks Morley has prepared Preventing Workplace…
Ontario Introduces New Healthcare Accountability Legislation for Hospitals
On May 3, 2010, the Ontario government introduced Bill 46, the Excellent Care for All Act, 2010 (the Act). The Act would, if passed, make healthcare providers and executives accountable for improving patient care and enhancing the patient experience. Although aimed at the hospital sector specifically, the government has indicated that following an assessment of…
WSIB Changes Its Practice on the Payment of Loss of Earnings Benefits
Effective December 7, 2009, the Ontario Workplace Safety and Insurance Board (“WSIB”) changed its operational practice of paying loss of earnings (“LOE”) benefits even when a worker is no longer in the workforce and has no loss of earnings. This change in practice followed a series of successful employer challenges argued by Hicks Morley lawyers…
Ontario Court Limits Number of Picketers
In a decision released March 24, 2010, the Ontario Superior Court imposed significant restrictions on picketing activities taking place at Vale’s Sudbury premises. Three valuable points emerge from this decision. First, the Court has sent a clear message that it will not tolerate flouting of the law, which in this case was four prior court…
Federal Pension Reform Proceeds
Bill C-9, the Jobs and Economic Growth Act, was introduced in the House of Commons on March 29, 2010 as an omnibus bill which proposes to implement many of the significant pension reform initiatives announced by the Minister of Finance on October 27, 2009, certain measures announced in the March 4th federal Budget, as well…