Federal Budget 2013 Introduced

Today, the federal government tabled its Budget 2013, Jobs, Growth and Long Term Prosperity – Economic Action Plan 2013. Hicks Morley is in the process of reviewing the Budget. An FTR Now outlining the Budget’s highlights for employers and pension plan administrators will be available shortly on our website.  

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…

Leaves to Help Families Act Introduced

On March 5, 2013, the Ontario government introduced Bill 21, Employment Standards Amendment Act (Leaves to Help Families), 2013. If passed, Bill 21 would allow eligible employees to take the following three unpaid leaves of absences: Family Caregiver Leave Employees would be entitled to take an unpaid leave of absence to provide care or support…

Alberta Court of Appeal Considers Restrictive Covenants and Fiduciary Duties

In Evans v. The Sports Corporation, the Alberta Court of Appeal provides some important guidance on what classes of employees will be considered fiduciaries and what type of conduct will constitute solicitation of clients. Richard Evans was employed for six years by The Sports Corporation (“TSC”) as a sports agent responsible for TSC prospects and…

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,…

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…

2013 Winter Edition

FOCUS ON BARGAINING Hard bargains LEGAL DEVELOPMENTS The OLRB declines to interfere with  legitimate subcontractor relationship Employment contracts: how to get it right and help your chance of success PROFILE Quick study Download PDF