The Human Rights Tribunal of Ontario recently provided helpful guidance for employers and educational institutions which are faced with potential unrest due to competing opinions or political views, the genesis of which might be one’s place of origin or ethnic origin. In the case at hand, which involved the removal by a university of controversial…
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Certain Sections of Helping Families in Need Act Proclaimed into Force
Sections 15, 16 and 21 of the Helping Families in Need Act (“Act”) have been proclaimed into force effective March 24, 2013. Sections 15 and 16 amend the Employment Insurance Act (“EI Act”) to allow insured and self-employed persons who are in receipt of employment insurance (“EI”) parental benefits to qualify for EI sickness benefits…
OLRB Dismisses Duty of Fair Representation Applications Against OECTA
On February 26, 2013, the Ontario Labour Relations Board (“OLRB”) released a decision dismissing four different duty of fair representation applications filed by members and local leaders of the Ontario English Catholic Teachers’ Association (“OECTA”) against OECTA relating to OECTA’s negotiation of its Memorandum of Understanding dated July 5, 2012 with the provincial government (“MOU”)….
Municipal Monitor Publishes an Article by Craig Rix and David Ross
An article by Hicks Morley’s Craig Rix and David Ross was published in the Spring 2013 edition of Municipal Monitor. In the article entitled, “Making the Case for a Better Interest Arbitration System,” Craig and David discuss the need for greater accountability and transparency within Ontario’s arbitration system. View Article
OHSA Regulations Amended to Ensure Compliance with Ontario Colleges of Trades and Apprenticeship Act, 2009
On March 1, 2013, a number of amendments to regulations made under the Occupational Health and Safety Act were filed to bring those regulations into compliance with the Ontario College of Trades and Apprenticeship Act, 2009 (“Act”). The Act will be proclaimed in force, in part, on April 8, 2013. On that date, section 103…
Amendments to SIN and Privacy Codes Contained in Federal Budget Bill Now in Force
The federal government has fixed March 1, 2013 as the day Division 7 Part 4, sections 304 to 308 and 310 to 312 and sections 685 and 687 to 695 of the Jobs, Growth and Long-term Prosperity Act (“JGLPA”) come into force. Division 7 Part 4 of the JGLPA consolidates the Privacy Codes of the…
Regulation under Section 80.1 of the Pension Benefits Act Proposed
The Ontario government has proposed a new regulation relating to pension asset transfers made under section 80.1 of the Pension Benefits Act (“Act”). Proposed content for this regulation was previously posted for consultation in July 2011. This regulation is required before section 80.1 of the Act comes into effect. Once proclaimed into force, that section…
George Vuicic Mentioned in the Financial Post
Hicks Morley’s George Vuicic was quoted in the February 2015 edition of Canadian Lawyer InHouse in an article entitled, “Court releases ‘game-changing’ decision on federally regulated employees.” This article discusses the Federal Court of Appeal’s decision in Wilson v. Atomic Energy of Canada Ltd. where it held that federally regulated employers may dismiss employees without…
Court of Appeal for Ontario Finds Restrictive Covenants Unreasonable and Unenforceable
In Martin v. ConCreate USL Limited Partnership, a decision released yesterday, the Court of Appeal for Ontario determined that the restrictive covenants included in sale of business agreements were unenforceable. Among other things, the Court found that the duration for the covenants was unreasonable because it was “for an indeterminate period, and there is no fixed,…
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…