Publication Type: Blog Post

Confidentiality Provisions: Important, Effective and Enforceable

· 3 min read

In most unionized workplaces, many grievances are settled before the parties present their evidence and before an arbitrator issues a public decision. In most instances, when a grievance is settled, the terms of that settlement are recorded in written form. The parties often agree that the settlement must be kept confidential and include a confidentiality…

Regulatory Amendments Made Under Long-Term Care Homes Act, 2007

· 1 min read

On August 28, 2013, the Ontario government filed O. Reg. 246/13, amending O. Reg. 79/10 (General) made under the Long-Term Care Homes Act, 2007 (“Act”). Among other things, O. Reg. 246/13 amends the qualification requirements for certain persons working or employed in a long-term care home prior to the day the Act and O. Reg….

Parliament to be Prorogued

· 1 min read

The Prime Minister has announced that he will ask the Governor General to prorogue Parliament until October 2013. Parliament was previously set to resume sitting on September 16, 2013. With prorogation, the unfinished business of Parliament will “die” on the Order Paper, including government bills which have not yet received Royal Assent. These bills can…

Alberta Court of Appeal Upholds Conviction in Calf-Roping Machine Case

· 4 min read

In its decision Alberta v. XI Technologies Inc., the Alberta Court of Appeal upheld the conviction of XI Technologies in relation to the death of an employee who was operating a faulty calf-roping machine at an employer hosted-event, concluding that the employer failed to do all that was reasonably practicable to avoid the foreseeable risks…

Regulatory Amendments Relating to Independent Health Facilities Proposed

· 2 min read

The Ontario government has proposed an amendment to O. Reg. 264/07 (General) made under the Local Health System Integration Act, 2006 (“LHSIA”). The proposed regulation would make independent health facilities (“IHFs”) prescribed health service providers for the purpose of the LHSIA. Subject to certain specified exceptions, an IHF is defined in the Independent Health Facilities…

Dismissals Under the Canada Labour Code

· 2 min read

In a recent decision, Atomic Energy of Canada Limited v. Wilson, the Federal Court considered the unjust dismissal provision of the Canada Labour Code (“Code”) and concluded that it does not prohibit federally regulated employers from conducting without cause dismissals. This decision arose out of an unjust dismissal complaint under section 240 of the Code….

OCA Affirms Termination Clause in Employment Contract Does Not Violate ESA

· 3 min read

The Court of Appeal for Ontario has upheld a motion judge’s finding that a termination provision in an employment contract was not an attempt to contract out of the Employment Standards Act, 2000 (“ESA”). In Dimson v. KTI Kanatek Technologies Inc., the plaintiff had been terminated and in accordance with his employment contract, he was…

GM Benefits Plan Language Did Not Allow Reduction After Non-Executives’ Retirement; GM Plans Appeal

· 6 min read

Justice Belobaba of the Ontario Superior Court of Justice has found that General Motors of Canada (“GMCL”) breached its contract with certain retired non-unionized salaried employees when it reduced their post-retirement health care and life insurance benefits. On this motion for partial summary judgment, the Court held that, in the reservation of rights (“ROR”) clause…

Long-Term Care Homes Act Regulatory Amendment Filed

· 1 min read

On July 19, 2013, the Ontario government filed O. Reg. 218/13 amending O. Reg. 79/10 (General) made under the Long-Term Care Homes Act, 2007. O. Reg. 218/13 states a member of the registered nursing staff may permit a “nursing student”, a defined term, to administer drugs to residents under certain conditions. As previously reported, comments had…