Settlement agreements require careful attention to both present and future entitlements, as highlighted by the Ontario Court of Appeal’s recent decision in Preston v. Cervus Equipment Corporation. The Court held that the scope of an executed release, indemnity and minutes of settlement (the Settlement Documents) precluded an employee’s subsequent claim to vested stock units, despite…
Tag: Benefits
Beyond COVID-19: 2022 Year in Review – Cases and Legislation of Note
Employers and human resource professionals will undoubtedly remember 2022 as another year shaped by the pandemic.
But…there were also legal developments in 2022 that were not related to COVID-19. In this FTR Now, we look at some of the past year’s notable “non-pandemic” cases and legislative developments.
Ontario to Consult on New Public Sector Benefits Pooling Model
The Treasury Board Secretariat has announced that it will begin consultations this year on a new benefits pooling model for broader public sector participants. The government consulted with public sector employers and bargaining agents in the spring and summer of this year about how to achieve reasonable public sector compensation growth, and a centralized benefits…
Appellate Court Considers Sale of Business and Duty to Mitigate
In Dussault v Imperial Oil Limited, the Ontario Court of Appeal found that two employees did not fail to mitigate their damages when they refused offers of employment from the purchaser of a former employer, as the employment that was offered was not “comparable.” Background In 2016, Imperial Oil sold its retail business to Mac’s…
Tribunal Finds that Denial of Coverage for Medical Cannabis under Employer’s Benefit Plan is not Discriminatory
The Ontario Human Rights Tribunal (the Tribunal) recently held that the decision to deny coverage for medical cannabis coverage under an employer’s benefit plan is not discrimination under the Ontario Human Rights Code (Code) when the decision to deny coverage is unrelated to an applicant’s disability or another protected ground. In Rivard v. Essex (County),…
Nova Scotia Court of Appeal Finds Benefit Plan Can Exclude Medical Marijuana
The Nova Scotia Court of Appeal recently confirmed that an administrator of a benefit plan may choose what specific drugs and medications will be covered by a plan, and in particular, held that the exclusion of medical marijuana is not discriminatory under human rights legislation. In Canadian Elevator Industry Welfare Trust Fund v. Skinner, an…
Natasha Monkman Quoted in Canadian HR Reporter on the Ontario Government Covering Prescription Drugs for Residents Under 25
Canadian HR Reporter quoted Hicks Morley’s Natasha Monkman in a May 29, 2017 article titled “Ontario to cover prescription drugs – with no co-pays – for residents under 25”. The article reviews the latest budget announcement where Ontario will be covering prescription medicines for residents age 24 and under as of. January 1, 2018, and how this new measure could save employers 10 per cent on claim costs…
Craig Rix Quoted in Benefits Canada on the Latest Report Released by the Ontario Ministry of Labour
Benefits Canada quoted Hicks Morley’s Craig Rix in a May 23, 2017 article titled “Ontario urged to consider minimum standard for health benefits”. The article talks about the latest report released by the Ontario Ministry of Labour, and how these changes would affect employers…
Conducting a Benefits Plan Governance Health Check
Pension plan governance has long had headline-grabbing status – and most plan sponsors regularly review their governance framework to identify and address any governance gaps. At the same time, employers who sponsor group benefits plans too rarely build regular reviews of their benefits plans into their larger governance responsibilities. They should – because the stakes…
Ontario Budget Bill 2016 Passes
On April 13, 2016, the Ontario government passed Bill 173, Jobs for Today and Tomorrow Act (Budget Measures), 2016, omnibus legislation giving effect to initiatives contained in the Ontario Budget 2016. See our FTR Now of February 29, 2016, Ontario Budget 2016, for a detailed discussion of those initiatives of interest to employers, human resources professionals and…