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…
Tag: Disability Benefits
Common Law Notice – Can Employers Deduct STD and LTD Payments?
As demonstrated by the Ontario Superior Court’s recent decision in Diamantopoulos v. KPMG LLP (“KPMG“), the answer to this question is still “it depends.” In determining the issue, courts will look at a number of contextual factors to determine “the intention of the parties” when they entered the employment agreement. In KPMG, the plaintiff commenced a…
CPP Amendments – New Requirements for Employer-Paid Disability Benefits
On December 15, 2011, Bill C-13, Keeping Canada’s Economy and Jobs Growing Act received Royal Assent. Bill C-13 is omnibus legislation designed to implement a number of measures proposed in the federal government’s 2011 Budget. This FTR Now discusses one aspect of Bill C-13 that amends the Canada Pension Plan (CPP) and creates new requirements…
Susie Taing Contributes to The Advisor Newsletter
An article by Hicks Morley’s Susie Taing appeared in the July 2011 issue of Pal Benefits’ The Advisor. In the article, “Employer Ordered to Pay Terminated Employee Disability Benefits to Age 65,” Susie reviews a recent court decision warning employers to address the risk that terminated employees may become disabled. View Article