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…

Overtime Eligibility Class Action Certification Motion Dismissed

On April 27, 2012, Mr. Justice George Strathy of the Ontario Superior Court of Justice released his decision in which he dismissed a motion for certification of a proposed class action brought by Michael Brown and Brian Singer, on behalf of current and former “Analysts,” “Investment Advisors” and “Associate Investment Advisors” employed by the Canadian…

Draft Regulations to the Pension Benefits Act Released

On April 30, 2012, the Ontario government released a draft regulation amending Regulation 909 (General) made under the Pension Benefits Act (“Act”) for commentary by June 1, 2012. Among other things, the proposed regulation would: enable the proclamation of the “retired member” provisions in the Act; implement immediate vesting for plan members and enable the…