On September 19, 2014, the Department of Finance Canada released proposed amendments to the federal Pension Benefits Standards Regulations, 1985 (“PBSR”). The proposed amendments would modernize the pension investment rules applicable to pension plans registered in many Canadian jurisdictions. Specifically, these changes will, if adopted as drafted, impact the investments that are permitted to be…
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Long-Awaited Federal Pension Regulations are Proposed
On September 19, 2014, the federal government released long-awaited regulations for public comment that would, if adopted as drafted, implement significant reforms to the current framework governing federally-regulated private pension plans. Investment-related reforms will also have implications for Ontario regulated pension plans, and for pension plans regulated by other provinces where such jurisdictions have adopted…
Long-Awaited Federal Pension Regulations Are Proposed
On September 19, 2014, the federal government released long-awaited regulations for public comment that would, if adopted as drafted, implement significant reforms to the current framework governing federally regulated private pension plans. Investment-related reforms will also have implications for Ontario regulated pension plans, and for pension plans regulated by other provinces where such jurisdictions have adopted the federal…
Ontario Court Voids Termination Provision for Non-Compliance with the Employment Standards Act
In Miller v. A.B.M. Canada Inc., the Ontario Superior Court again nullified a termination provision in an employment contract because it did not strictly comply with the requirements of the Employment Standards Act, 2000 (“ESA”). The plaintiff worked for the defendant for 17 months in a middle management position at an annual salary of $135,000.The…
Another Reminder to Employers: Draft Termination Notice Provisions with Care
The Ontario Superior Court has reaffirmed that if a termination provision in an employment contract does not strictly comply with the requirements of the Employment Standards Act, 2000 (“ESA”), it will be considered null and void. In Miller v. A.B.M. Canada Inc., the plaintiff, Mr. Miller, was a management accountant. He was hired into the position…
Hicks Morley Featured in Benefits and Pensions Monitor
On August 7, 2014, Benefits and Pensions Montior cited Hicks Morley’s recent FTR Now entitled “Budget Bill Includes Carrigan Pre-Retirement Death Benefit Fix.” This FTR Now discusses the July 24, 2014 amendments to the Pension Benefits Act (Ontario) which are intended to address the impact of the Ontario Court of Appeal’s 2012 decision in Carrigan v. Carrigan Estate. The amendments clarify the…
Ontario Reintroduces Legislation Amending Workplace Laws (Formerly Bill 146)
On July 16, 2014, the Ontario government introduced Bill 18, the Stronger Workplaces for a Stronger Economy Act, 2014 (“Bill 18”), proposed legislation that would, if passed, make significant changes to a number of employment-related statutes, including the Employment Standards Act, 2000, the Occupational Health and Safety Act and the Workplace Safety and Insurance Act,…
Ontario Re-Introduces BPS Accountability, Transparency Legislation (Formerly Bill 179)
On July 8, 2014, the Ontario government re-introduced broader public sector (“BPS”) accountability and transparency legislation. If passed, proposed measures in Bill 8, the Public Sector and MPP Accountability and Transparency Act, 2014, would give the government the authority to create comprehensive compensation frameworks for certain employers in the BPS, and would implement a number…
William LeMay Quoted in Law Times
Hicks Morley’s Will LeMay was quoted in the June 9, 2014 edition of Law Times in an article entitled “Lawyers divided on WSIB stress-claim ruling.” The article discusses a Workplace Safety and Insurance Appeals Tribunal panel decision that chronic workplace-related stress could be a valid claim under Ontario’s workplace insurance system, and that some of…
Arbitrator Upholds Dismissal of Grievor for Posting Vicious Comments about Co-Worker on Facebook
In a recent labour arbitration award, Arbitrator Laura Trachuk upheld the dismissal of a three and one-half year employee for posting vicious, humiliating and threatening comments about a co-worker on Facebook. While the Arbitrator left many specifics out of her decision in order to protect the identities of those involved, this decision serves as an…