Practice Area: Pensions, Benefits & Compensation

Ontario Government Re-Introduces Budget 2014, New Budget Bill

· 1 min read

On July 14, 2014, the Ontario government re-introduced its 2014 Budget, entitled Building Opportunity, Securing Our Future (the “Budget”). On the same day, it tabled Bill 14, Building Opportunity and Securing Our Future Act (Budget Measures), 2014. The amendments outlined in Bill 14 are similar, but not identical, to measures proposed in the May 2014 Budget Bill…

Common Law Notice – Can Employers Deduct STD and LTD Payments?

· 3 min read

As demonstrated by the Ontario Superior Court’s recent decision in Diamantopoulos v. KPMG LLP (“KPMG“), the answer to this question is still “it depends.” In determining the issue, courts will look at a number of contextual factors to determine “the intention of the parties” when they entered the employment agreement. In KPMG, the plaintiff commenced a…

Hicks Morley Receives Highest Ranking in Labour Relations in the 2014 Canadian Legal Lexpert® Directory

Hicks Morley is delighted to once again be named “Most Frequently Recommended” in the Labour Relations (Toronto) category and “Consistently Recommended” in the Labour Relations (Ottawa) category. The firm has also been named “Most Frequently Recommended” in the Labour Relations (Kitchener-Waterloo) category and the Labour Relations (London) category. The firm has once again been ranked “Consistently…

CPP Regulations Amended to Define “Substantially Gainful” Occupation

· 1 min read

On June 18, 2014, Regulations Amending the Canada Pension Plan Regulations were published in the Canada Gazette. As previously reported, the Regulations amend the Canada Pension Plan Regulations to prescribe the meaning of “‘substantially gainful’, in respect of an occupation” in subsections 42(1) and 89(1) of the Canada Pension Plan, one of the factors relevant…

Ontario Amends “Letter of Credit” and BPS Solvency Funding Relief Regulations

· 2 min read

On May 17, 2014, the Ontario government published regulatory amendments to Regulation 909 (General) under the Pension Benefits Act  that: clarify that for purposes of determining the total amount of all letters of credit (“LOC”) held in trust for the pension fund for inclusion in the solvency asset adjustment, the value of any special payments…

CAPSA Releases Guideline on Defined Contribution Pension Plans

· 10 min read

On March 28, 2014, the Canadian Association of Pension Supervisory Authorities (“CAPSA”), the association which represents all Canadian pension regulators, released the final version of Guideline No. 8: Defined Contribution Pension Plans, (“DC Guidelines”) along with an accompanying reference document. The DC Guidelines were issued following the circulation of a draft version and extensive public…

Ontario Budget 2014 and the Provincial Election – Voting Requirements and More

· 6 min read

Last week saw significant developments at Queen’s Park that will be of interest to all employers in Ontario. On Thursday, May 1, 2014, the Ontario government introduced its 2014 Budget, entitled Building Opportunity, Securing Our Future (the “Budget”). On the same day, the government introduced Bill 194, the Building Opportunity and Securing Our Future Act…

Employer Permitted to Define “Spouse” under Benefit Plan to Exclude Married but Separated Spouses

· 5 min read

In a recent decision of the Ontario Human Rights Tribunal (“Tribunal”) in VanderLinde v. Oshawa (City)  (“VanderLinde”), the Tribunal found that it is not discriminatory for an employer to require that an employee’s legally married spouse be living with the employee as a condition of eligibility as a spouse under its group benefit plan. In…

Ontario Government Introduces Budget 2014

· 1 min read

On May 1, 2014, the Ontario government tabled its Budget 2014: Building Opportunity, Securing Our Future. An FTR Now providing an analysis of proposals of interest to employers and plan administrators will be available shortly on our website.