A recent case demonstrates that despite an agreement characterizing the relationship as one involving an independent contractor, there is always the risk upon termination that the relationship may ultimately be found to require…
Publication Type: Blog Post
Ontario Court Issues Significant and Conservative Decision on Scope of Privacy Tort
On August 31st, the Ontario Superior Court of Justice issued a significant decision on the scope of the common law privacy tort – both declining to recognize a cause of action based on “public disclosure of private facts” and…
Ontario Court of Justice Dismisses OHSA Charges Where Worker’s Unauthorized Act Led to Injury
In a recent decision, R. v. ABS Machining Inc., the Ontario Court of Justice dismissed Occupational Health and Safety Act (“OHSA”) charges against an employer where the injured worker’s unexpected and unauthorized act led to his injury. The decision confirms that employers can succeed in defending charges on the basis of due diligence when workers…
Employer Investigations Held to Standard of Reasonableness, not Correctness or Perfection
In a recent decision, Zambito v. LIUNA Local 183, the Human Rights Tribunal of Ontario (“Tribunal”) provided some useful guidance on internal employer investigations. It reiterated that while it is extremely important for employers to respond seriously and promptly to all allegations of discrimination and harassment, they will be not be held to a standard of…
New CRA Technical Direction Published for Health and Welfare Trusts
The Canada Revenue Agency (“CRA”) has posted an updated technical direction regarding Health and Welfare Trusts. Effective July 27, 2015, Income Tax Folio S2-F1-C1: Health and Welfare Trusts replaces and cancels CRA’s prior administrative position, as outlined in Interpretation Bulletin IT–85R2, Health and Welfare Trusts for Employees. The new Technical Direction incorporates a number of…
New Temporary Foreign Worker Regulations Impose Monetary Penalties and Bans on Employers for Non-Compliance
Effective December 1, 2015, new Regulations Amending the Immigration and Refugee Protection Regulations (“Amending Regulation”) made under the Immigration and Refugee Protection Act (“Act”) will impose certain penalties on employers who are not in compliance with requirements of the Temporary Foreign Worker Program (“TFWP”). There have been recent changes to the TFWP, including the imposition of…
Ontario Government Announces ORPP Implementation Details
On August 11, 2015, the Ontario government released new details about the Ontario Retirement Pension Plan (“ORPP”) and its implementation. As previously reported, the ORPP was announced in the 2014 Ontario Budget. A consultation paper entitled “Ontario Retirement Pension Plan: Key Design Questions” was released in December, 2014 for public comment. In particular, the paper…
Regulation Filed on Asset Transfers under Section 80.1 of Pension Benefits Act
On June 18, 2015, O. Reg. 147/15 amending O. Reg. 308/13 (Assets Transfers under section 80.1 of the Act) made under the Pension Benefits Act (“PBA”) came into force. O. Reg. 147/15 amends the date of the effective transfer of assets under section 80.1 from June 30, 2015 to a date not later than the…
Draft Regulations Governing Transfers and Conversions to JSPPs under Sections 80.4 and 81.0.1 of Pension Benefits Act Published
On June 26, 2015, the Ontario government published draft regulations (the “Draft Regulations”) setting out the proposed rules governing the merger or conversion of single employer pension plans (“SEPPs”) to jointly sponsored pension plans (“JSPPs”) in the broader public sector (“BPS”). The draft regulations will support sections 80.4 and 81.0.1 of the Pension Benefits Act…
Union Financial Disclosure Bill Receives Royal Assent
On June 30, 2015, Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations), received Royal Assent. Bill C-377, a private member’s bill, requires unions to file certain financial information with the Canada Revenue Agency (“CRA”) within six months from the end of each fiscal period. Among other things, information to…