Publication Name: FTR Now

Court Clarifies Evidence Required to Establish Prima Facie Case of Discrimination

· 5 min read

For employers and service providers appearing before the Human Rights Tribunal of Ontario (“HRTO”), a recent decision of the Divisional Court involving racial profiling will be of interest. The decision, Peel Law Association v. Pieters, provides significant clarification on the evidence required to establish a prima facie case of discrimination. In this FTR Now we…

Bill 119 – What You Need To Know

· 6 min read

Bill 119, the Workplace Safety and Insurance Amendment Act, 2008, makes insurance coverage mandatory for certain categories of persons operating in the construction industry (independent operators, sole proprietors, partners in partnerships and executive officers of a corporation). This FTR Now outlines these significant new changes and suggests the next steps individuals contracting with contractors and…

The Drummond Report – Impact on the Broader Public Sector

· 22 min read

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…

AODA Emergency Preparedness Guides and Compliance Reporting Tool Now Available

· 3 min read

As we reported in our November 17, 2011 FTR Now “Are You Prepared for the AODA?,” private and not-for-profit sector organizations in Ontario with at least one employee were subject to a January 1, 2012 deadline to comply with the Customer Service Standards as well as the two emergency preparedness requirements under the Integrated Accessibility…

Federal Court of Appeal Interprets Term “Fixed or Ascertainable” for CPP Purposes

· 3 min read

On November 16, 2011, the Federal Court of Appeal (“FCA”) released its decision in Minister of National Revenue v. Her Majesty the Queen in Right of Ontario (“HMQ”). The FCA’s decision overturns the January 17, 2011 decision of the Tax Court of Canada (“Tax Court”) in which it had held that per diem amounts paid…

How the New Privacy Tort Will Affect Employers

· 8 min read

On January 18th, 2012, the Court of Appeal for Ontario in Jones v. Tsige recognized a new “intrusion upon seclusion” civil cause of action. In this FTR Now, we describe the new cause of action (or “tort”) and identify its significance to employers. THE INTRUSION UPON SECLUSION TORT Under Ontario law it is now clear…

Ten Questions and Answers about Computer Use Policies

· 6 min read

It’s January 2012. Last year the Court of Appeal for Ontario recognized that an employee had a reasonable expectation of privacy that arose out of his personal use of a work computer. As discussed in a companion FTR Now called How the New Privacy Tort Will Affect Employers, this month the Court of Appeal recognized…

Ontario Human Rights Review Chair Invites Comments on 2008 Changes to Human Rights Code

· 4 min read

The Ontario Human Rights Review Chair, lawyer Andrew Pinto, has published a Consultation Paper inviting public commentary, further to the review process mandated by section 57 of the Human Rights Code (Code). That section requires that the Minister appoint a person to review the implementation and effectiveness of changes resulting from the 2008 amendments to…

CPP Amendments – New Requirements for Employer-Paid Disability Benefits

· 3 min read

On December 15, 2011, Bill C-13, Keeping Canada’s Economy and Jobs Growing Act received Royal Assent. Bill C-13 is omnibus legislation designed to implement a number of measures proposed in the federal government’s 2011 Budget. This FTR Now discusses one aspect of Bill C-13 that amends the Canada Pension Plan (CPP) and creates new requirements…