Human Resources Legislative Update

Ontario Tables 2017 Budget

On April 27, 2017, the Ontario government tabled its 2017 Budget “A Stronger, Healthier Ontario.” We are in the process of reviewing the Budget, and an FTR Now highlighting measures of interest to employers, human resources professionals and pension plan administrators will be available on our website in the coming days.

Case In Point

The Truth Hurts: Employer Not Liable In Defamation For Bad Reference Because It Was True

The Ontario Superior Court has affirmed that employers are not liable for defamation when they provide candid and truthful references about former employees. In Papp v Stokes et al, 2017 ONSC 2357, the plaintiff, Adam Papp, worked as an economist for Stokes Economic Consulting for 2.5 years when his employment was terminated without cause in…

Human Resources Legislative Update

Ontario Announces Additional Funding to Reduce Class Sizes and to Support Students at Risk

The Ontario government has announced that nine central agreements have been reached between trustees’ associations and education workers’ unions and teachers’ federations. These agreements will be in force from September 1, 2017 to August 31, 2019. The government has also announced additional funding for the following: to hire approximately 875 teachers and 1600 education workers…

Human Resources Legislative Update

Federal Government Introduces Bill to Legalize Cannabis

On April 13, 2017, the federal government introduced Bill C-45, the Cannabis Act. If passed, Bill C-45 will, among other things: permit persons age 18 and over to possess up to 30 grams of dried or fresh cannabis permit the government to authorize the possession, production, distribution, sale, importation and exportation of cannabis where authorized…

Case In Point

Expulsion of Partners: Ontario Court of Appeal Confirms Good Faith Requirement

In Tim Ludwig Professional Corporation v. BDO Canada LLP, the Ontario Court of Appeal recently upheld a lower court decision which awarded an expelled partner in excess of $1.3 million in damages for lost profits and benefits, and aggravated damages (see our Case in Point, Expelling a Partner: An Expensive Cautionary Tale for Partnerships). In…

Case In Point

Fixed-Term Contract Termination Provision Violates ESA, Says Appeal Court

The Ontario Court of Appeal has again weighed in on the issue of termination provisions in employment contracts. By way of background, we recently reported on the February 2017 decision of the Court of Appeal in Wood v Fred Deeley Imports Ltd. In that case, the Court reversed a motion judge’s conclusion that a termination…

Human Resources Legislative Update

Federal Budget Implementation Legislation Introduced

On April 11, 2017, the federal government introduced Bill C-44, the Budget Implementation Act, 2017, No. 1, omnibus legislation that would enact various measures outlined in its 2017 Budget. The accompanying Department of Finance Backgrounder indicates that Bill C-44 would, among other things, amend the Employment Insurance Act to: allow parents to choose to receive Employment…

Human Resources Legislative Update

New Private Member Bill Proposes “Card Check” Unionization, First Contract Arbitration Model for Ontario

On April 4, 2017, the New Democratic Party (NDP) of Ontario introduced private member legislation that would amend the Labour Relations Act, 1995 (Act) to bring “card check” union certification back to Ontario for the first time since 1995, and to implement a new first contract arbitration process. It is important to note that private…