In Fullowka v. Pinkerton’s of Canada Ltd., 2010 SCC 5, the Supreme Court of Canada dismissed an appeal by survivors of miners killed in a 1992 explosion at Giant Mine (NWT) owned by Royal Oaks. They claimed damages against the security company Royal Oaks had hired to protect the miners and against the territorial government…
Practice Area: Litigation
New Rules of Civil Procedure
Effective January 1, 2010, the Rules of Civil Procedure governing all civil litigation matters brought in the Superior Court of Ontario will come into force. This FTR Now highlights some of the key changes that will impact the manner in which employment-related actions are litigated, including wrongful dismissal claims, constructive dismissal claims, and claims for…
Ban on Hand-Held Devices And Display Screens Starts In October
In our FTR Now of September 24, 2009, “Cell Phone and Blackberry Restrictions For Drivers Are Coming Into Force: Is Your Workplace Ready?,” we provided you with a detailed overview of the new legislation restricting the use of hand-held mobile technology devices and presence of display screens while driving. Yesterday, the Ontario Government announced that…
Defining “Employer” For Pension Funding Purposes
The Financial Services Tribunal (the “Tribunal”) recently released a decision that discusses, in detail, who is the employer for funding purposes under the Pension Benefits Act (“PBA”). This decision will be of interest to employers who participate in pension plans with more than one employer, but are not multi-employer pension plans or “MEPPs”, if the…
Court Dismisses Motion to Certify Class Action for Overtime Wages
On June 18, 2009, Madam Justice Lax of the Ontario Superior Court of Justice released her decision, in which she dismissed the motion for certification of a proposed class action brought by Dara Fresco on behalf of current and former employees in the retail branches of the Canadian Imperial Bank of Commerce (“CIBC”) with respect…
2009 Spring Issue
FOCUS ON LITIGATION Protecting your company against wrongful competition Protecting an employer’s reputation in the community Strategies in difficult economic times PROFILE A capital career Download PDF
School Board Update
IN THIS ISSUE EFTO Bargaining Support Paid Religious Leave Management’s Rights Job Qualifications of Teachers Union Dues Trustee Conflict of Interest Damages for Maximum Class Size Violations Access to Adverse Reports Workers’ Compensation Claims and the Human Rights Code ETFO BARGAINING SUPPORT Public district school boards have less than a month in which to reach…
Enjoying a Safe Holiday Season
The holiday season is once again upon us. While some employers may be scaling back on festivities this year, it remains as important as ever that employers take proactive steps to ensure the health and safety of their employees who attend office parties or other celebrations. Over the years, a number of court decisions have…
The Supreme Court Weighs in on the Obligations of Departing Employees
The Supreme Court of Canada has confirmed that there is an implied obligation of good faith owed by employees to their employers. In a decision released yesterday, RBC Dominion Securities Inc. v. Merrill Lynch Canada Inc., the Court found that a manager of investment advisors breached his duty of good faith when he orchestrated a…
2008 Summer Issue
PRACTICE PROFILE Class actions with an HR twist LEGAL DEVELOPMENTS Mitigation of damages: Strategic considerations for employers Changing a term of employment? Notice may not be enough PROFILE A Pension Benefit Download PDF