News & Events

On October 28, 2024, Ontario’s Working for Workers Five Act, 2024 (“Bill 190”) came into effect. Bill 190 amends several statutes including the Employment Standards Act, 2000, the Occupational Health and Safety Act and the Workplace Safety and Insurance Act, 1997. In this article, we discuss the key amendments that will require employers to take action. The passage of Bill 190 represents an

The Federal Government’s 2024 Fall Economic Statement, released on December 16, 2024, included three significant announcements regarding pension fund investments: That the Government proposes to remove the 30% rule for investments in Canadian entities. That the Government will explore lowering the 90% threshold that currently limits municipal-owned utility corporations from attracting more than 10% private

On October 16, 2024, the Government of Ontario filed the final regulations to implement its long-awaited framework for target benefit pension plans in Ontario.  The release of these regulations follows a long process of consultation, and is being implemented through the enactment of amendments to existing regulations, as well as new regulations governing target benefit

We know that non-competition agreements are generally not enforceable in the employment context in Ontario if they were entered into after October 25, 2021, except in a handful of situations.  However, that still leaves: the rest of Canada; agreements prior to the magic date; those handful of exceptions; and of course, independent contractors.  In short,

In March 2024, the Court of Appeal for Ontario dismissed an employer’s appeal from the judge’s decision in Teljeur v. Aurora Hotel Group, 2023 ONSC 1324 (“Teljeur”).  The Honourable Justice Michael K. McKelvey of the Ontario Superior Court of Justice awarded seven months’ pay in lieu of notice and $15,000 in aggravated damages to a dismissed employee.

The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail; its roof may shake; the wind may blow through it; the storm may enter; the rain may enter; but the King of England cannot enter — all his force dares not cross the threshold of

I was invited recently to speak at the HRPA Conference on the issue of bad faith damages.  I was focusing on the history of these awards and quantum. Then on May 2, 2024, the Ontario Court of Appeal released a decision in Krmpotic v. Thunder Bay Electronics Limited, 2024 ONCA 332 which upheld an aggravated

In January 2024, the Ontario Superior Court of Justice ruled in Ratz-Cheung v. BMO Nesbitt Burns Inc., 2024 ONSC 161 (“Ratz-Cheung”), that the employer had not established just cause for dismissal after asserting after-acquired cause. The Court found that the employee breached the employer’s Code of Conduct but viewed the employee’s misconduct as a lapse in judgment

On April 1, 2024, the Financial Services Regulatory Authority of Ontario (FSRA) Information Technology Risk Management Guidance (“the Guidance”) became effective. The Guidance is applicable to all entities and individuals regulated by FSRA including pension plan administrators. Pension plan administrators must consider whether their existing cybersecurity and/or IT risk management policies currently comply with the

On April 5, 2024, Nova Scotia passed the Financial Measures Act (“Bill 419”), which includes changes to the Pensions Benefits Act (“PBA“) pertaining to shortened life expectancy and non-resident unlocking rules. While the PBA currently permits unlocking in cases of shortened life expectancy, it specifies that the pension may be varied to account for shortened