Publication Name: FTR Now

Access and Production Requirements and Records Possessed by Faculty Members

· 3 min read

The Canadian Association of University Teachers recently published a memorandum about records in the possession of faculty members that raises some significant issues for Ontario universities. In a memorandum dated April 8, 2009, and now published on the internet, the association states, “Based on collective agreements, memorandum of agreements, faculty handbooks and on past practice…

Pension Funding In CCAA Restructuring Proceedings

· 4 min read

The pension plan funding difficulties of cash strapped companies have been the focus of significant media attention over the last few months.  It is no surprise that two recent decisions of the Quebec Superior Court have gained considerable attention.  This FTR Now looks at the AbitibiBowater proceedings and the court’s consideration of a company’s ability…

Employer Bulletin: Influenza A(H1N1)

· 11 min read

You are all undoubtedly aware of the potential Influenza A(H1N1) (or “H1N1 virus”) pandemic that is currently underway.[1] While it is unknown at present just how serious or widespread this situation will become, employees are already expressing concerns, and it is important for employers to monitor the situation and to be prepared to respond as…

Municipalities and Occupational Diseases

· 5 min read

Occupational disease claims can be very expensive for Schedule 2 employers, particularly those that have a fire department. However, the Workplace Safety and Insurance Tribunal (WSIAT) has recently provided employers with some relief from the costs of occupational disease claims. BACKGROUND In 2007, the Provincial Government passed Bill 221, which introduced a presumption that various…

Amendments Made to Temporary Help Agency Bill

· 3 min read

On December 10, 2008, we notified clients of the Ontario Government’s plan to amend the Employment Standards Act, 2000 to regulate temporary help agencies. In our FTR Now, “Newsflash: Ontario Government to Amend the Employment Standards Act, 2000”, we discussed the content and impact of Bill 139, the Employment Standards Amendment Act (Temporary Help Agencies),…

Ontario Government Introduces Workplace Violence Legislation

· 6 min read

On April 20, 2009, the Ontario Government introduced amendments to the Occupational Health and Safety Act (Act) to address workplace violence and harassment. If passed, Bill 168, the Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace), 2009, would require employers to develop policies to address workplace violence and harassment and to…

Ontario Budget 2009

· 10 min read

INTRODUCTION Yesterday, Ontario’s Minister of Finance introduced the 2009 Ontario Budget in the Legislature, which is optimistically titled “Confronting the Challenge: Building Our Economic Future”. The Budget aims to kick-start the battered Ontario economy through its twin centrepieces: tax reform and infrastructure spending. While much attention will be focused on the Budget’s proposal to harmonize…

Transforming Human Resources Practices Under The Proposed AODA “Employment Accessibility Standard”

· 12 min read

Employers in Ontario should pay careful attention to the proposed Employment Accessibility Standard (the “Standard”) under the Accessibility for Ontarians with Disabilities Act, 2005 (the “AODA”) released for public comment in February 2009. If approved in its present form, the proposed Standard will transform how employers deal with employees and potential employees in all phases…

Medical Information Management For Employers

· 4 min read

We would like to build this bulletin around the diagram below, which illustrates a very common model by which employers manage medical information – i.e., one in which the employer seeks information from an employee’s treating physician through its own medical adviser. The point we’d like to make is that role definition is key to…