The Ontario Court of Appeal has created a new test for granting summary judgment. The Court convened a rare five-judge panel and heard five cases together to provide “guidance” to lower courts, litigants and lawyers on the law of summary judgment. This process culminated in the recent decision, Combined Air Mechanical Services Inc. v. Flesch,…
Publication Name: FTR Now
Legislative Update – A New ESA Leave and Potential Changes to the Regulation Of the HR Profession
Two new pieces of legislation have recently been introduced in the Ontario Legislature that will be of interest to employers in Ontario. The first is a government Bill that would establish a new leave under the Employment Standards Act, 2000 (“ESA, 2000″). The second is a Private Member’s Bill that would amend the regulatory framework…
IPC/Ontario Issues Significant Order on Custody and Control of University Records under FIPPA
On November 7, 2011, the Information and Privacy Commissioner/Ontario (“IPC”) issued a significant order for Ontario universities. It held that the IPC has exclusive jurisdiction to decide whether a record is in the custody or control of a university in the context of an access request under the Freedom of Information and Protection of Privacy…
Supreme Court of Canada Upholds Finding of Wage Discrimination
In a federal sector pay equity complaint that stretched on for nearly 30 years, the Supreme Court of Canada has upheld a finding of the Canadian Human Rights Tribunal of gender-based wage discrimination. The result is an order to compensate employees for lost wages over a 20 year period. This FTR Now discusses the Supreme…
Supreme Court of Canada Grants Leave to Appeal in Indalex Decision
Earlier today, the Supreme Court of Canada granted leave to appeal in Sun Indalex Finance, LLC v. United Steelworkers (“Indalex“). The appeal relates to a decision rendered by the Ontario Court of Appeal in April 2011 in which that Court granted “super priority” to pension funding deficits in a Companies’ Creditors Arrangement Act proceeding. A…
Court Finds Tort of Conspiracy in Case of Departed Insurance Producers
On October 6, 2011, Justice Stinson released an important decision finding two insurance producers liable for departing and taking a book of business without paying for it. Neither producer had signed written contracts regarding who owned the books of business. Justice Stinson held that one of the producers breached his verbal agreement that he would…
Three Recent Decisions, Three Different Results – An Update on the 24 Hour Shift in the Fire Sector
INTRODUCTION In recent years, the issue of whether or not to adopt a 24 hour shift schedule has become one of the top demands that fire associations are seeking at the bargaining table and at interest arbitration. Fire associations have sought the 24 hour shift regardless of the size of the department, population served or…
Pooled Registered Pension Plan Framework Introduced
On November 17, 2011, the federal government introduced the much anticipated Bill C-25, An Act relating to pooled registered pension plans and making related amendments to other Acts, also known as the Pooled Registered Pension Plans Act (the “PRPP Act”). The proposed legislation follows high-profile consultations with the provinces and the industry, which resulted in…
Alcohol and the Holiday Office Party
It is that time of year again when thoughts are turning to seasonal and holiday celebrations. Whether these celebrations are large or small, it is important 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…
Are You Prepared for the AODA?
As the new year approaches, some key compliance deadlines under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA“) are also approaching. In this FTR Now, we review what needs to be done by employers by January 1, 2012. ACCESSIBILITY STANDARDS FOR CUSTOMER SERVICE By January 1, 2012, private and not-for-profit organizations should be in…