Amended Ontario Anti-Bullying Bill Ordered for Third Reading

On May 30, 2012, Bill 13, the Accepting Schools Act, 2012, was reported back to the House as amended by the Standing Committee on Social Policy. The proposed Committee amendments are extensive. Of particular note, Bill 13 now: contains a revised definition of “bullying”; adopts a definition of “cyber-bullying” that essentially tracks the definition proposed…

Court finds Discipline of Students for Online Comments about Professor to be Unreasonable

Are students entitled to use social networking sites to criticize the instruction they receive? The University of Calgary said "no" and disciplined the students who did. In the case of Pridgen v. University of Calgary, released May 9, 2012, the Alberta Court of Appeal found that the University’s decision to discipline the students was unreasonable….

Federal Pooled Registered Pension Plan (“PRPP”) Legislation Reported Back to House

On May 28, 2012, Bill C-25, An Act relating to pooled registered pension plans and making related amendments to other Acts was reported back as amended to the House of Commons following its consideration by the Standing Committee on Finance, and the House passed a motion concurring with the report. Third reading of Bill C-25…

School Bus Transportation Policy Deemed Discriminatory

A recent decision of the Human Rights Tribunal of Ontario (“HRTO”) has added to the fast growing group of “family status” discrimination cases. J.O. v. London District Catholic School Board highlights that there are many different ways a school board may be vulnerable to claims of family status discrimination. In this FTR Now we review…

Court of Appeal Affirms Non-Construction Employer Declaration does not Infringe the Charter

On May 8, 2012, the Ontario Court of Appeal found that the “non-construction employer” declaration in section 127.2 of the Ontario Labour Relations Act, 1995 (“LRA“) is constitutional. The Court of Appeal upheld the Divisional Court’s February 2011 ruling, finding that section 127.2 does not contravene the freedom of association guarantee found in section 2(d)…

Ontario Proposes Plan Administrator Disclosure Obligations, Proclamation Dates

On May 14, 2012, the Ontario government published additional draft amendments to General regulation 909 under the Pension Benefits Act (“Act”), and further proposed a proclamation date of July 1, 2012 in respect of certain amendments to the Act. The regulatory amendments would specifically outline the information plan administrators are required to disclose, including: “prescribed…

University Disciplinary Decisions: Are they Reasonable? Are they Subject to the Charter?

On May 9, 2012, the Alberta Court of Appeal released its judgment in the case of Pridgen v. University of Calgary. Justice Paperny identified the issue before the Court as follows: “Are students at public universities entitled to use social networking sites to criticize the instruction they receive? The University of Calgary said “no” and…

Ontario Anti-Bullying Bill Referred to Committee

On May 3, 2012, Bill 13, the Accepting Schools Act, 2011, passed at Second Reading and was ordered referred to the Standing Committee on Social Policy. As previously reported, Bill 13 is intended to address the issue of bullying in schools, and would, if passed, amend the Education Act to include a definition of bullying,…

Ontario Releases Proposed Grow-In Benefit Regulations

Further to the release of pension reform proposals, on Thursday, May 3, 2012 the Ontario government published additional draft amendments to General regulation 909 under the Pension Benefits Act (“Act”). As anticipated, the draft regulations prescribe additional “activating events” or circumstances that would trigger grow-in benefits for the purpose of s. 74(1), paragraph 3 of…