AdvantAge Ontario Human Resources Law: The Year in Review

Overview Join this popular annual webinar to hear about important developments in human resources law over the past year, and the key trends to think about for 2018. Topics will include an update on bargaining trends in the LTC sector, key changes under the WSIB regime, labour and employment update with a focus on Bill…

Court Clarifies Interpretation of Subsection 80(3) of the Pension Benefits Act

The Ontario Divisional Court recently rendered a significant decision under the Pension Benefits Act (Ontario Pension Board v. Ratansi). It overturned a finding of the Financial Services Tribunal that subsection 80(3) of the Pension Benefits Act (“Act”) did not prevent a plan member from commencing his or her pension while continuing to work for the…

Divisional Court Confirms that Section 80(3) of the PBA Deems Employment to Continue Following Sale of Business

In Ontario Pension Board v. Ratansi, the Ontario Divisional Court confirmed that the Pension Benefits Act (“PBA”) deems that following a sale of business transaction, both employment and pension plan membership continue under the predecessor employer’s pension plan while the employee continues in employment with the successor employer. The decision overturns an earlier decision of…

Sale of Assets and Hiring of Former Employees of Defunct Business not Sale of Business within LRA: OLRB

In a recent case, the Ontario Labour Relations Board (“OLRB”)  helped clarify what situations will trigger the operation of the sale of business provisions of the Labour Relations Act (“Act”) particularly when a business purchases the assets and premises of an organization which is unionized. This case may provide guidance for an organization which is…