The Workplace Safety and Insurance Board (WSIB) has implemented five new policies to replace the existing policies relating to early and safe return to work, re-employment and work transition (formerly Labour Market Re-entry (LMR)). The primary focus of these policies is to ensure that an injured worker returns to work with his or her employer….
Publication Name: FTR Now
Sovereign Immunity and The “Commercial Activity” Exception
Late last year, the Supreme Court of Canada ruled that Iraq could not rely on state immunity to bar the enforcement of an English judgment ordering Iraq to pay CAD$84 million to the Kuwait Airways Corporation. In Kuwait Airways Corp. v. Iraq [1], the Court determined that within the context of the dispute, Iraq was…
2010 Ontario Pension Reform Round-Up
Bill 120, Securing Pensions Benefits Now and for the Future Act, 2010, received Royal Assent on December 8, 2010. Bill 120 was one of four separate bills passed by the Ontario legislature in 2010 which included amendments to the Ontario Pension Benefits Act (“PBA“). Without a doubt, 2010 marks the most significant overhaul of Ontario’s…
Responding to Disclosure Demands at the Bargaining Table: Employer Rights and Obligations
Many Social Services organizations will be negotiating for the renewal of their collective agreements in 2011. Some of our clients have advised us that they have received broad disclosure requests from unions well in advance of actual bargaining. These requests are very similar to requests a number of Social Services organizations received in early 2009….
Pension Reform Phase II Passes Third Reading
On December 7, 2010, the Ontario government passed Bill 120, the Securing Pension Benefits Now and for the Future Act, 2010. As previously reported in our October 29, 2010 FTR Now, “Ontario Introduces Bill 120, the Securing Pension Benefits Now and for the Future Act, 2010“, these pension reforms build on the first phase of…
Planning For a Safe Holiday Office Party
It is that time of year again when employers are planning their holiday festivities. Whether the festivity is large or small, it remains as important as ever 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…
Arbitrator Upholds Right of Fire Department to Alter Service Levels During Statutory Freeze
On November 8, 2010, Arbitrator Chauvin issued a significant award which confirmed a fire department’s right to manage its operations by determining staffing levels. Arbitrator Chauvin also concluded that the statutory freeze imposed by the Fire Protection and Prevention Act, 1997 (“FPPA“) preserved this right and permitted the City to make changes to service levels…
Arbitrator Upholds Statutory Provisions Permitting Age-Based Distinctions in Benefits for Employees Aged 65 and Older
On October 31, 2010, Arbitrator Etherington issued a significant award on the interpretation of the provisions of the Ontario Human Rights Code (the “Code”) and the Employment Standards Act, 2000 (the “ESA, 2000” ), which effectively permit an employer to reduce or eliminate employee benefits once an employee reaches age 65. Arbitrator Etherington found that…
Government to Bring Hospitals Under the Freedom of Information and Protection of Privacy Act
On October 20, 2010, the Ontario government introduced Bill 122, the Public Sector Accountability Act, 2010. The basic purpose of the new Act is to regulate the spending of public funds by the broader public sector in a variety of areas, including the use of lobbyists, expense accounts and procurement. These aspects of Bill 122…
Government Introduces Public Sector Accountability Legislation
On October 20, 2010, the Ontario government introduced Bill 122, the Public Sector Accountability Act, 2010. The basic purpose of the new Act is to regulate the spending of public funds by the broader public sector in a variety of areas, including the use of lobbyists, expense accounts and procurement. In addition, the Bill would…