In a recent decision, the Ontario Court of Appeal found that an insurance producer breached his oral agreement with his brokerage that he would pay 50 percent of the fair market value of the book of business if he took it with him when departing. The Court ordered that the producer pay the broker for…
Publication Name: FTR Now
Court Imposes Criminal Code Fines for Workplace Accident
In a recent case, R. v. Metron Construction Corporation, the Ontario Court of Justice imposed one of the first sentences rendered under the Bill C-45 amendments to the Criminal Code of Canada. Those amendments impose criminal liability on organizations (including companies) for the actions of their “representatives” or “senior officers” and require that anyone who…
Pension Reform Measures in Ontario have Arrived
Until recent years, the statutory framework governing occupational pension plans for Ontario employees had remained largely unchanged for 20 years. Then, in 2010 the Ontario government passed two significant pension reform Bills: Bill 236 and Bill 120. There have been four subsequent Bills which made further changes to the Pension Benefits Act (“PBA”). On July…
Divisional Court Affirms Pay Equity Wage Grids and Restricts Tribunal’s Use of Human Rights Code
In a recent decision that will have implications for employers and service providers across Ontario, the Ontario Divisional Court has upheld an important 2010 ruling of the Pay Equity Hearings Tribunal (“PEHT”). In Canadian Union of Public Employees, Local 1999 v. Lakeridge Health Corporation, the Court held that the decision of the PEHT regarding the…
Overtime Class Action Update
On June 26, 2012, the Court of Appeal for Ontario released three decisions in proposed overtime class actions in the latest development respecting claims for overtime by current and former employees. This FTR Now discusses these decisions. The first two cases were heard by the Court of Appeal consecutively and involve proposed class proceedings against…
Amended Ontario Budget Bill Passes
INTRODUCTION Earlier today, the Ontario Legislature passed the government’s Budget bill – Bill 55, the Strong Action for Ontario Act (Budget Measures), 2012. In this FTR Now, we will consider the status of the government’s Budget measures generally, and review the key changes adopted by the Standing Committee on Finance and Economic Affairs (the “Committee”)…
Gender Identity, Gender Expression now Protected by Ontario Human Rights Code
On June 13, 2012, the Ontario legislature passed an amendment to the Ontario Human Rights Code which extends protection against discrimination on the grounds of gender identity or gender expression. The amendment was proposed in a Private Member Bill and received support of all three parties. This FTR Now discusses the amendment and its implications…
Court finds Discipline of Students for Online Comments about Professor to be Unreasonable
Are students entitled to use social networking sites to criticize the instruction they receive? The University of Calgary said "no" and disciplined the students who did. In the case of Pridgen v. University of Calgary, released May 9, 2012, the Alberta Court of Appeal found that the University’s decision to discipline the students was unreasonable….
University Disciplinary Decisions: Are they Reasonable? Are they Subject to the Charter?
On May 9, 2012, the Alberta Court of Appeal released its judgment in the case of Pridgen v. University of Calgary. Justice Paperny identified the issue before the Court as follows: “Are students at public universities entitled to use social networking sites to criticize the instruction they receive? The University of Calgary said “no” and…
Implementation of Key Ontario Pension Reform Measures is Imminent
On April 30, 2012 and May 3, 2012, the Ontario Ministry of Finance issued two separate draft regulations that propose changes to the general Regulation 909 under the Ontario Pension Benefits Act (the “PBA Regulations”). Together, these two draft regulations are referred to in this FTR Now as the “Draft Regulations.” As discussed in our…