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)…

2012 Spring Edition

FOCUS ON ADMINISTRATIVE LAW Judicial review – different litigation, different strategies LEGAL DEVELOPMENTS Is your business ready for a labour disruption? Standards for judicial review continue to evolve PROFILE Litigation in the fast lane Download PDF

2012 Federal Budget – Highlights For Employers

On March 29, 2012, the federal government tabled its 2012 Budget, Economic Action Plan 2012 – A Plan for Jobs, Growth and Long-Term Prosperity. As widely anticipated, the Budget alters the retirement landscape for many Canadians and announces cost-cutting measures and reform of the federal public service. It also proposes certain tax reform measures, and…

Ontario Budget – Highlights for Employers

On Tuesday, March 27, the Ontario Government introduced its 2012 Budget, which is entitled Strong Action for Ontario (the “Budget”). The Government also introduced Bill 55, the Strong Action for Ontario Act (Budget Measures), 2012 (“Bill 55”), omnibus legislation designed to implement a number of the proposals contained in the Budget. The Budget sets out…

Ontario to Table Budget Later Today

Finance Minister Dwight Duncan will be tabling the Government’s much-anticipated 2012 Budget at 4:00 p.m. this afternoon. The Budget comes on the heels of the Drummond Report, which was released in mid-February and which recommended sweeping reform measures aimed at increasing efficiencies within the broader public service and the delivery of a variety government programs….

Jurisdiction of an Arbitrator to Examine Procedures Issued by the Chief of Police

In two recent decisions involving the Toronto Police Services Board (“TPSB”) and the Toronto Police Association (“TPA”), Arbitrator Paula Knopf held that she lacked jurisdiction to hear grievances that challenged certain Procedures issued by the Chief of Police. In both cases, the TPSB raised successful preliminary objections and argued that the arbitrator lacked jurisdiction as…

Ontario Confirms Average Full-Day Kindergarten Class Size

On March 2, 2012, the Ontario government filed important new amendments to the class size regulation under the Education Act for full-day junior kindergarten and kindergarten classes. The amendments, which come into force on September 1, 2012, are intended to assist school boards which have kindergarten class size maxima in their teachers’ collective agreements that…

The Drummond Report – Impact on the Broader Public Sector

On February 15, 2012, the Commission on the Reform of Ontario’s Public Services (the “Commission”) released its long-awaited, 543-page report (the “Report”, commonly referred to as the “Drummond Report”) which identifies sweeping reform measures aimed at increasing efficiencies within the broader public service (“BPS”). In our companion FTR Now, Drummond Commission Reports on Elementary and…

Drummond Commission Reports on Elementary and Secondary Education Reform

On February 15, 2012, the Commission on the Reform of Ontario’s Public Services (the “Commission”) released its long-awaited, 543-page report (the “Report”, commonly referred to as the “Drummond Report”) which identifies sweeping reform measures aimed at increasing efficiencies within the broader public service. In our companion FTR Now, The Drummond Report – Impact on the…