This Client Update follows up on our March 2008 Update regarding the Supreme Court of Canada’s landmark decision in Dunsmuir v. New Brunswick, 2008 SCC 9 (CanLII). As discussed in the previous Update, the Supreme Court significantly reformed the law relating to the termination of public office holders. The Court clearly signalled that where office…
Practice Area: Labour Relations
Supreme Court of Canada Issues Landmark Judicial Review Decision
On March 7th, the Supreme Court of Canada issued a very significant administrative law decision, Dunsmuir v. New Brunswick, 2008 SCC 9 (CanLII), in which it has addressed the thorny issue of how to determine the standard of review in a judicial review application. The decision also significantly reforms the law relating to the dismissal…
OMERS Supplemental Benefits: Bargaining Issues & Strategies for the Emergency Services Sector
With the passage of the Ontario Municipal Employees Retirement System Act, 2006 (“OMERS Act 2006”), police [1], firefighters [2] and paramedics [3] are now able to bargain additional OMERS pension benefits, called “supplemental benefits”. This ability to bargain supplemental benefits will have a dramatic impact on local labour relations and related costs. The OMERS Act…
Supreme Court Extends Constitutional Protection to Collective Bargaining Process
IN THIS ISSUE: Introduction The Factual Context: The Health and Social Services Delivery Improvement Act Collective Bargaining Protected by the Charter The Test for “Substantial Interference” The Majority’s Conclusions Justice Deschamps’ Partial Dissent Concluding Comments INTRODUCTION On June 8, 2007, the Supreme Court of Canada issued a ground-breaking decision in Health Services and Support –…