As first discussed in our FTR Now of November 7, 2012 “Ontario Court of Appeal Decision Rewrites the Pension Pre-Retirement Death Benefit Regime“, the decision in Carrigan v. Carrigan Estate fundamentally altered the interpretation of spousal rights and priorities relating to payment of pre-retirement death benefits. The Court of Appeal awarded the pre-retirement death benefit payable under…
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Proportionate Approach Necessary to Determine Whether Just Cause Exists
The Court of Appeal for Ontario recently confirmed that a proportionate approach must be taken in determining whether a single incident of misconduct by a long-serving employee with a relatively unblemished work record should result in dismissal for cause. In Plester v. PolyOne Canada, the plaintiff failed to lock out a machine prior to working…
Rachel Arbour Interviewed by the Canadian Bar Association’s National TV
Hicks Morley’s Rachel Arbour was recently interviewed by the Canadian Bar Association’s National TV. In the interview, Rachel answers questions regarding the Indalex ruling and explains what it means to companies that sponsor and administer defined benefit pension plans. Watch the interview. Read our FTR Now which summarizes the Supreme Court’s decision in Indalex.
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…
Ministry of Labour to Target Industrial/Construction Workplaces for Safety Inspections
The Ministry of Labour (“MOL”) has announced a safety blitz in the months of February and March which will target industrial and construction workplaces. MOL inspectors will conduct inspections relating to slip, trip and fall hazards. In this FTR Now, we review some steps you can take to ensure your workplace is compliant with its…
Putting Students First Act, 2012 Repealed
On January 23, 2013, section 20 of the Putting Students First Act, 2012 (“Act”) was proclaimed into force. The effect of proclaiming section 20 into force is that the Act (formerly known as Bill 115) has been repealed.
Regulatory Amendment Filed under Putting Students First Act
On January 21, 2013, the Ontario government filed O. Reg. 12/13, amending O. Reg. 2/13, General, made under the Putting Students First Act, 2012 (“Act”). Among other things, O. Reg. 12/13: revokes paragraph 6 of subsection 2(2) of O. Reg. 2/13 (gratuity wind-up for sick leave credit gratuity in certain circumstances) and provides for determining…
Safety Blitzes Announced for Ontario Workplaces
The Ontario Ministry of Labour (“MOL”) has announced that three workplace enforcement blitzes targeting workplace hazards will be conducted by MOL Inspectors this winter: January/February: underground mines will be inspected to check hazards that may affect air quality; February/March: industrial and construction workplaces will be checked for slips, trips and fall hazards; and February/March: health…
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…
Proposed Anti-spam Regulations Published
On January 5, 2013, Electronic Commerce Protection Regulations (“ECP Regulations”), proposed under Canada’s Anti-spam Legislation (“CASL”*), were published. As previously reported, the CASL enacts comprehensive anti-spam legislation relating to the sending of commercial electronic messages (“CEMs”). The CASL has not yet been proclaimed into force, with the exception of certain Personal Information Protection and Electronic…