The Federal Court of Canada has upheld the finding of the Canadian Human Rights Tribunal (“Tribunal”) that “family status” under the Canadian Human Rights Act (“CHRA”) includes a parent’s obligations to care for a child, and that an employer is obligated to provide accommodation for an employee’s childcare needs. This decision is the latest in…
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Important Direction on Restrictive Covenants from the Court of Appeal for Ontario
Restrictive covenants in an employment context are intended to control an individual’s competition and conduct in relation to her employer’s business after the employment relationship ends. These covenants will only be upheld by the courts if they are reasonable as between the parties and reasonable in light of the broader public interest in discouraging restraints…
Ministry of Labour to Target Health Care Workplaces for Safety Inspections
The Ministry of Labour (“MOL”) has announced a safety blitz targeting health care workplaces in the months of February and March. MOL inspectors will conduct inspections to check on issues related to workplace violence and harassment. In this FTR Now, we review some steps you can take to ensure your workplace is compliant with its…
William LeMay Quoted in Law Times
Hicks Morley’s William LeMay was quoted in the January 7, 2013 edition of Law Times. In an article entitled “Lawyers looking to instil culture of co-operation in WSIB disputes,” Will comments on the new changes to the WSIB appeals process due to take effect on February 1, 2013. He suggests it would be beneficial if…
New Mandatory Health and Safety Training Regulation Proposed under OHSA
The Ontario government has proposed a new regulation to be made under the Occupational Health and Safety Act (“OHSA”), further to the recommendation of the Expert Advisory Panel in 2010 that programs for mandatory health and safety awareness training be developed for Ontario workplaces. The proposed regulation would apply to all workplaces currently covered by…
When is a Pension Assignment not an Assignment?
Pension plan administrators are often required to interpret the wording of court orders and separation agreements to determine whether there is a valid and effective assignment of an interest to a member’s former spouse. Until now, the courts have not provided clear guidance on what language is needed in order to create an assignment. On…
Mandatory WSIB Coverage for Construction Industry to Commence January 1, 2013
As previously reported, effective January 1, 2013, amendments to the Workplace Safety and Insurance Act, 1997 outlined in Bill 119, the Workplace Safety and Insurance Amendment Act, 2008 will extend mandatory WSIB coverage to certain persons in the construction industry. These amendments will apply, with certain exceptions, to independent operators, sole proprietors, executive officers and…
Changes Made to the WSIB Appeals Process
On November 29, 2012, the Workplace Safety and Insurance Board (“WSIB”) issued a Consultation Report entitled “Modernization of the WSIB’s Appeals Program.” The Report is the result of a consultation process commenced in June 2012, when the WSIB released a Consultation Paper containing certain key proposed features to increase efficiencies within the WSIB appeals process…
The CBA National Labour and Employment Law Section Newsletter Publishes Article by Julia Nanos
An article by Hicks Morley’s Julia Nanos was published in the November 2012 issue of The CBA National Labour and Employment Law Section Newsletter. In the article entitled, “‘Non-construction employer’ declaration provision of Ontario’s Labour Relations Act, 1995 does not infringe the Charter: ONCA”, Julia comments on a recent Ontario Court of Appeal decision concerning…
Ontario Court of Appeal Decision Rewrites the Pension Pre-Retirement Death Benefit Regime
On October 31, 2012, a majority of the Ontario Court of Appeal awarded the pre-retirement death benefit payable under an Ontario registered pension plan to a member’s designated beneficiaries rather than to his common law spouse. The majority’s decision in Carrigan v. Carrigan Estate (“Carrigan”) is a departure from the pension industry’s widely held interpretation…