On Thursday, November 7, 2013, Ontario’s minority government released its economic outlook and fiscal review, titled Creating Jobs and Growing the Economy (the “Economic Outlook”). The Economic Outlook updates and also expands upon legislative and other reform initiatives that had previously been announced. In this FTR Now, we review the key retirement-related updates and developments…
Publication Name: FTR Now
New Privacy Legislation in Manitoba
Organizations with operations in Manitoba need to be aware that the Manitoba Legislature has recently passed new privacy legislation that will apply to the private sector and, to a lesser degree, to the not-for-profit sector – The Personal Information Protection and Identity Theft Prevention Act (“PIPITPA” or the “Act”). PIPITPA will establish rules for the…
The Latest Word on Restrictive Covenants from the Supreme Court of Canada
The law on restrictive covenants is all about context. Restrictive covenants typically arise in a sale of a business agreement or an employment contract. If you are drafting a restrictive covenant or determining whether a covenant is enforceable, you must be aware of the context because the applicable legal principles vary based on the context….
Ontario Court Upholds Forfeiture-On-Resignation Provision of Equity Incentive Plan
In a decision released on September 12, 2013,[1] the Ontario Superior Court of Justice upheld the enforceability of a provision of an employer’s incentive compensation plan pursuant to which unmatured awards are forfeited upon an employee’s resignation. The Court held that the provision was a permissible loyalty incentive rather than an unlawful restraint on trade….
Ontario Court of Appeal Increases Fine to $750,000 for Christmas Eve Fatalities
In a recent decision (R. v. Metron Construction Corporation, 2013 ONCA 541), the Ontario Court of Appeal overturned the fine imposed by the Ontario Court of Justice in respect of four fatalities, and imposed a fine almost four times greater. As previously reported (August 20, 2012 FTR Now – “Court Imposes Criminal Code Fines For…
Financial Services Tribunal Interprets the Accrued Benefit Protections of the Pensions Benefits Act (Ontario)
On August 15, 2013, the Ontario Financial Services Tribunal (“FST”) issued its decision in Royal Ontario Museum Curatorial Association v. Ontario (Superintendent Financial Services), concerning an amendment made to The Royal Ontario Museum Pension Plan (“Plan”). The Plan is a defined benefit (“DB”) pension plan. At issue before the FST was whether an amendment to…
Mandatory Retirement Upheld for Suppression Fire Fighters: HRTO Clarifies Accommodation Obligations
In its recent decision, Corrigan v. Mississauga (City), the Human Rights Tribunal of Ontario (“HRTO”) considered whether a municipal employer had a positive obligation to consider requests for individual exceptions to the mandatory retirement policy of age 60 for suppression fire fighters and to work with those fire fighters to develop a medical fitness testing…
The Ontario Court of Appeal Confirms Pension Assignments must be “Clear and Unambiguous”
In a marriage breakdown situation where family assets are being valued and/or divided, a member’s workplace pension entitlements are often the most significant asset. To settle the property issues, a member and his or her spouse may agree that the member will assign an interest in the member’s benefit to the spouse. Unfortunately, it is…
The Supreme Court of Canada Strikes Down Random Alcohol Testing Policy
On June 14, 2013, the Supreme Court of Canada released its decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper Ltd. In this much anticipated decision, the Supreme Court clarified the law regarding random alcohol and drug testing in safety-sensitive, unionized workplaces, finding that universal random testing will…
The Ongoing Saga of the 24 Hour Firefighter Shift
In recent years, one of the top demands sought by fire associations at the bargaining table and at interest arbitration has been the 24 hour shift schedule. Many municipalities have continued to vigorously resist this demand. In our FTR Now “Three Recent Decisions, Three Different Results – An Update on the 24 Hour Shift in…