On February 10, 2011, the Ontario government released the Details of the Proposed Temporary Solvency Funding Relief for Certain Pension Plans in the Broader Public Sector (“BPS”) (the “Details”). The government previously announced that it would consider providing solvency funding relief for pension plans provided in respect of BPS employers in the university sector on…
Publication Type: Article
WSIB’s Work Reintegration Policies
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….
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…
Ontario Court Finds Decision of Human Rights Tribunal to be Factually and Legally Flawed
The Ontario Divisional Court has recently found that a decision of the Ontario Human Rights Tribunal was legally and factually unsupportable and that it was “simply not possible to logically follow the pathway taken by the adjudicator and to determine the reasonableness of the conclusions reached.” In Audmax v. Human Rights Tribunal of Ontario and…
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….
Bill 138 – Registered Human Resources Professionals Act, 2010
There has been much discussion recently in the human resources world about a Private Member’s Bill that was introduced in the Ontario Legislature on November 23, 2010. If passed, Bill 138, the Registered Human Resources Professionals Act, 2010, would create a more comprehensive legislative framework for the regulation of the human resources profession, and would…
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…