Super Priority for CCAA Charges Granted Preference Over Pension Deficits

On February 2, 2012, in On Re Timminco, the Commercial Court granted an order for “super priority” for an Administration Charge ($1,000,000) and Directors’ and Officers’ Charge ($400,000) in preference to other encumbrances, including pension deficits in Timminco’s pension plans (aggregate deficit is in excess of $11,000,000). Justice Morawetz found that federal insolvency legislation, specifically…

AODA Emergency Preparedness Guides and Compliance Reporting Tool Now Available

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

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

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

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

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

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…

Appreciate This: The New Test for Summary Judgment

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,…

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…