News & Events
Arleen Huggins to Speak at the OBA’s Business Law Program
October 25, 2024
Arleen Huggins will be speaking at the OBA’s Business Law Program, Buying and Selling a Business: Your Comprehensive Guide on November 14, 2024. The Program will take place at the OBA Conference Centre in Toronto. To view the Program details, click here.
Ontario Government Releases Final Regulations Governing Target Benefit Pension Plans
October 23, 2024
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
Practice Area
Pension and Benefits
Koskie Minsky Ranked in the 2025 Edition of Chambers Canada
September 26, 2024
Koskie Minsky is proud to have once again been ranked in the 2025 edition of Chambers Canada. Koskie Minsky earned 2 Band 1 rankings, Chambers’ highest distinction. In addition to Koskie Minsky’s practice band rankings, 12 lawyers were recognized as leaders across 4 practice areas. Dispute Resolution: Class Action (Plaintiff) Employment & Labour: Labour for
Bad Facts Make Bad Law – Injunctions Restraining Competition in British Columbia
September 16, 2024
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,
Expertise
Employment Law
Niki Manwani to speak at The Six-Minute Debtor-Creditor and Insolvency Lawyer 2024 Program.
September 3, 2024
Niki Manwani will be speaking at the Law Society of Ontario’s upcoming program The Six-Minute Debtor-Creditor and Insolvency Lawyer 2024, on October 16, 2024. The Program will take place at the Donald Lamont Learning Centre in Toronto and Niki will speak on the topic “Setting Aside an Ex -Parte Mareva Order.” To view the full
Twenty Two KM Lawyers Listed In The 19th Edition of The Best Lawyers in Canada™
August 29, 2024
We are pleased to announce that 22 of the Firm’s lawyers were chosen by their fellow professionals to be listed in the 19th Edition of The Best Lawyers in Canada. Below is a complete list of KM lawyers, by practice area, recognized in the 19th Edition of The Best Lawyers in Canada: Jeffrey Armel – Construction
Eight KM Lawyers Named To 2025 Best Lawyers: Ones To Watch In Canada™
August 29, 2024
We are pleased to announce that 8 KM lawyers have been included in the 2025 edition of Best Lawyers: Ones to Watch in Canada. Best Lawyers: Ones to Watch in Canada recognizes associates and other lawyers who are earlier in their careers for their outstanding professional excellence in private practice in Canada. Kamal Bakhazi – Labour and
KM Lawyers Attend Reunion for Advocates for Injured Workers
August 15, 2024
On May 27, 2024, lawyers from each department of Koskie Minsky attended a Reunion to celebrate the 25th Anniversary of the Advocates for Injured Workers Legal Clinic. The Reunion brought together those who had volunteered at the AIW while studying at the University of Toronto Faculty of Law. The Reunion raised more than $40, 000
Secret Recording of Termination Meeting Fatal to Employer’s Defence
August 7, 2024
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.
Expertise
Employment Law
“A Man’s Home is His Castle” – Privacy Interests and Drug Testing
July 19, 2024
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
Practice Area
Labour Law
Bennett Morrison Publishes Paper in the University of Toronto Faculty of Law Review
July 19, 2024
We are delighted to announce that our colleague Bennett Morrison has written a paper which will be published in the University of Toronto Faculty of Law Review. In his paper, titled “Extending Freedom of Association to Non-Union Workers: How Ontario Can Learn from France,” Bennett argues that Ontario should learn from France and grant non-union
Nancy Shapiro At The OBA Labour & Employment Law Program
July 11, 2024
Nancy Shapiro will be co-chairing the OBA Labour & Employment Law Program: LITIGATING AN EMPLOYMENT FILE on September 18, 2024, at the OBA Conference Centre in Toronto. To view the full program agenda, please click here.
Nancy Shapiro To Speak At The Employment Law Masterclass Toronto
September 5, 2024
Nancy Shapiro will be speaking at the online event hosted by the Canadian Lawyer, Employment Law Masterclass on September 5, 2024, regarding: “Employing remote, out-of-province, and international workers – what to do and what to avoid.” This event has been approved for CPD credits. For more details, please click here.
Aggravated Damages – Employers Beware!
June 5, 2024
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
Expertise
Employment Law
Andrew Hatnay to Speak at the 2024 Biennial IPEBLA Conference
May 27, 2024 - May 29, 2024
Andrew Hatnay will be speaking at the 19th Biennial IPEBLA Conference, “Adapting to Change: Ensuring Retirement Security in a Dynamic and Uncertain World” in Milan, Italy. Andrew will be part of a panel discussion on the ‘Anatomy of a pension class action: the use of class proceedings to resolve issues in pension administration.’ To view
After-Acquired Cause not Established After Breach of Code of Conduct
May 21, 2024
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
Expertise
Employment Law
The Financial Services Regulatory Authority of Ontario Implements Information Technology Risk Management Guidance
May 17, 2024
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
Practice Area
Pension and Benefits
Michael Mazzuca Serving As An Instructor At The IF’s FTMS Program
May 17, 2024
Michael will be serving as an Instructor at the International Foundation’s Foundations of Trust Management Standards (FTMS) Program. The Foundations of Trust Management Standards is a 2-day, assessment-based certificate program that will address the basics of effective trust management through four key knowledge areas: Legal, Administration, Governance, and Funding/Investment/Finance. The FTMS Program will be offered
Nova Scotia Passes Unlocking Amendments to the Pension Benefits Act
April 26, 2024
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
Practice Area
Pension and Benefits
Michael Mazzuca Quoted in Daily Commercial News Article on Ontario’s Permanent Framework for Target Benefits
April 23, 2024
Michael Mazzuca was quoted in a Daily Commercial News article on Ontario’s new framework for Target Benefit Multi-Employer Pension Plans: To view the article, please click here.
KM Lawyers Shortlisted for two 2024 Benchmark Litigation Canada Awards
April 19, 2024
We are pleased to announce that Koskie Minsky has been shortlisted for two Benchmark Litigation Canada Awards: Plaintiff Firm of the Year, Koskie Minsky LLP Plaintiff Litigator of the Year, James Sayce Following months of peer review-based research and submission reviews, the Benchmark team has uncovered the most impactful cases, the lawyers and law firms
Budget 2024 – Pension and Employee Benefit Plan Roundup
April 17, 2024
The Federal Government issued Budget 2024 yesterday. In this post, we discuss announcements relating to pension funds, employee ownership trusts, and worker cooperatives. Budget 2024 did not introduce any significant substantive measures relating to pension plans or employee life and health trusts. Moreover, Budget 2024 did not address the application of the new trust reporting
Practice Area
Pension and Benefits
Ontario Budget Proceeds with Pension Benefits Act Amendments to Implement a New Target Benefit Pension Plan Framework
April 8, 2024
On March 26, 2024, the Government of Ontario released its 2024 budget. The budget reaffirmed the Ontario Government’s intention to implement a permanent framework for target benefit pension plans as of January 1, 2025. The Government indicated that it intends to publish draft regulations in the summer of 2024, which will take into consideration feedback
Practice Area
Pension and Benefits
Five KM Lawyers Recognized in The 2024 Lawdragon 500 Global Plaintiff Lawyers List
April 5, 2024
We are pleased to announce that five KM lawyers have been recognized in The 2024 Lawdragon 500 Global Plaintiff Lawyers list, for their work on Plaintiff Class Action Litigation: Kirk Baert Celeste Poltak Jonathan Ptak David Rosenfeld James Sayce This inaugural edition recognizes a remarkable, globe-spanning group of advocates who are forging a new day
Kirk Baert Offers Commentary in Law360 Canada Article
April 4, 2024
Kirk Baert, a Partner in the Class Actions Department, offered commentary on access to justice issues in the Law360 Canada article: Federal Court and Federal Court of Appeal float ideas for reforming their rules, seek bar’s input.
Bill 149 Receives Royal Assent – New ESA Requirements for Vacation Pay, Deductions and Job Postings
March 26, 2024
On March 21, 2024, Bill 149 – Working for Workers Four Act, 2024 received Royal Assent. Initially announced on November 14, 2023, Bill 149 introduces various legislative changes including the following amendments to the Employment Standards Act, 2000 (“ESA“): As of March 21, 2024: Work performed during a trial period will now fall within the
Expertise
Employment Law
The Federal Court of Appeal Upholds Board Decision to “Punish” the Correctional Service of Canada by Awarding $310,000 for Psychological Harm and Punitive Damages
March 12, 2024
On February 6, 2024, the Federal Court of Appeal (the “Court”) dismissed a judicial review application brought by the Attorney General of Canada (the “AGC”) in Canada (Attorney General) v. Lyons, 2024 FCA 26. In that ruling, the Court found the decision of the Federal Public Sector Labour Relations and Employment Board (the “Board”) in
Practice Area
Labour Law
What’s In A Name? $18,000 Awarded To Transgender Man Who Was Misgendered And Deadnamed At Work
March 8, 2024
The Canadian Human Rights Tribunal (“CHRT” or “Tribunal”) ruled in Bilac v. Abbey, Currie and NC Tractor Services Inc., 2023 CHRT 43 (CanLII), that misgendering and deadnaming an employee who specifically and repeatedly asked to have their gender identity respected is a discriminatory practice that is contrary to the Canadian Human Rights Act (“CHRA”). The Tribunal affirmed
Expertise
Employment Law
Nineteen KM Lawyers Listed In The Canadian Legal Lexpert Directory 2024
March 5, 2024
Koskie Minsky LLP is pleased to announce that 19 of the Firm’s lawyers were chosen by their fellow professionals to be listed in the 2024 edition of The Canadian Legal Lexpert Directory. The Canadian Legal Lexpert Directory compiles lists of outstanding professionals by conducting peer-review surveys in which thousands of leading lawyers confidentially evaluate their
Failure to Communicate Policies to Employees Results in almost $2M in Damages
March 4, 2024
In a decision of the Honourable Mr. Justice Cavanagh released January 2, 2024, Boyer v. Callidus Capital Corp., [2024] O.J. No. 41, 2024 ONSC 20, the Court held that an employer had not clearly communicated the restrictive terms of its policies with respect to vacation carry-over, deferred bonus payment and the exercise of stock options, and
Expertise
Employment Law
Michael Mazzuca to Speak at SHARE’s Pension Trustee Boot Camp
March 5, 2024
Michael Mazzuca will be speaking at SHARE’s Pension Trustee Boot Camp on March 5. The annual Boot Camp provides a thorough introduction to pension investment and governance. The Program will take place at the Westin Bayshore in Vancouver. To view the agenda, please click here.
Michael Mazzuca At The International Foundation Of Employee Benefit Plan’s Institute For Apprenticeship, Training And Education Program
January 22, 2024
Michael Mazzuca spoke at the International Foundation of Employee Benefit Plan’s Institute for Apprenticeship, Training and Education Program on January 22, 2024. The program took place at The Mirage, Las Vegas, NV. Michael spoke on “Canadian Legal and Legislative Update.” For more information about the Program, please click here.
Ontario Not-for-Profit Corporations Act, 2010 (ONCA)
January 18, 2024
The Not-for-Profit Corporations Act, 2010 (Ontario) (the “ONCA”) came into force and replaced the predecessor legislation governing Ontario not-for-profit corporations, the Corporations Act (Ontario) (the “OCA”). Among other things, the ONCA streamlines the incorporation of Ontario not-for-profit corporations (“NFPs”), simplifies certain processes including those in connection with registrations, searches and filing annual returns, introduces a
Practice Area
Labour Law, Pension and Benefits
Demetrios Yiokaris And Niki Manwani Set Aside Firm Mareva
January 10, 2024
Demetrios Yiokaris and Niki Manwani recently succeeded setting aside a mareva order. This appears to be the only time that an Ontario Court has set aside a firm mareva on a contested basis. To read the decision, please click here.
Demetrios Yiokaris And Niki Manwani Win Important Regulatory Decision for the HCRA
January 10, 2024
Koskie Minsky LLP acts as counsel to the Home Construction Regulatory Authority (HCRA), which is the regulator for new home builders and vendors in Ontario. Demetrios Yiokaris and Niki Manwani recently succeeded before the Divisional Court in overturning the interpretation by the License Appeal Tribunal (LAT) of the “integrity and honesty” provisions in the New Home
Three KM Lawyers Recognized In The 2024 Lexpert/ALM 500 Directory
January 9, 2024
We are pleased to announce that three of the Firm’s lawyers have been chosen by their fellow professionals to be listed in the 2024 Lexpert/ALM 500 Directory. The identification of leading practitioners and firms is based upon a comprehensive annual survey, ongoing since 1994. The selected lawyers have been recommended by their law firm leaders.
Nancy Shapiro To Speak At The Canadian Lawyer Employment Law Masterclass
January 2, 2024
Nancy Shapiro will be speaking at the online event hosted by the Canadian Lawyer Employment Law masterclass on February 15, 2024, regarding “Key employment contract and policies considerations: Focus on terminations.” Nancy will also take part in a panel discussion on: “Best practices for mitigating the risk of constructive dismissal and without cause termination cases.”
2023 Fall Economic Statement – Pension Fund Investment Announcements
December 5, 2023
The Federal Government’s 2023 Fall Economic Statement included three significant announcements regarding pension fund investments, which we unpack in this post: That the Government will “work collaboratively” with Canadian pension funds to “create an environment that encourages and identifies more opportunities for investments in Canada”. That the Government will “explore” removing the “30 per cent
Practice Area
Pension and Benefits
Koskie Minsky Recognized by The Globe and Mail as one of Canada’s Best Law Firms for 2024
November 15, 2023
Koskie Minsky has once again been recognized by the Globe and Mail as one of Canada’s Best Law Firms for 2024 in the area of Labour & Employment Law. The award list is presented by The Globe and Mail and Statista Inc. Approximately 25,000 lawyers were actively invited to take part in the survey and the
Fall Compliance Checkup – and December 31, 2023 AODA Deadline
October 30, 2023
We assist clients manage all kinds of risks associated with employment. Legislative compliance is one such risk. Let’s address frequently neglected obligations of an employer that we are rarely asked about. It is fall, almost Halloween, and we are not here to scare you, but how about an HR check-up? If you are a provincially-regulated
Expertise
Employment Law
Ontario Labour Relations Board finds employer cannot use results of post-incident drug test to suspend or dismiss employee
October 19, 2023
A recent decision of the Ontario Labour Relations Board found that the Employer could not use the results of a post-incident drug test to suspend or dismiss the employee. The Grievor reversed a vehicle into the hitch of a trailer damaging the door of the vehicle. The incident analysis, as conducted by the company, indicated
Practice Area
Labour Law
Martin Ejidra To Speak At The 2023 Certificate In Canadian Benefits Plans Program
October 12, 2023
Martin Ejidra will be speaking at the Certificate in Canadian Benefit Plans Program in Boston, MA on October 16-18, 2023. The Certificate in Canadian Benefit Plans provides a solid introduction to Canadian employee benefits, pensions and human resource practices. Whether you work directly with a Canadian plan or are employed by a U.S. company with affiliates in Canada,
Busayo A. Faderin to Speak at CABL’s Annual Conference
October 6, 2023
On October 12, 2023, Busayo will participate in the Canadian Association of Black Lawyers (CABL) Annual Conference panel: Adapting to the New World of Work: Navigating Trends and Challenges. The panel will explore the ever-evolving employment landscape in the post-pandemic era. Law firms, lawyers, clients, and regulators are adapting in an increasingly borderless world, with shifting
Am I entitled to compensation for my office moving and my commute increasing?
October 2, 2023
THE QUESTION The company I work for is moving its head office. That will increase my commute time to 80 minutes from 20, plus additional costs to pay for public transit. The ability to walk to work was a factor in choosing this job. Am I entitled to any compensation for the office relocation? I
Expertise
Employment Law
National Day for Truth and Reconciliation
September 29, 2023
On September 30, we will recognize Canada’s third National Day for Truth and Reconciliation which honours the thousands of lost children and the survivors of residential schools, their families and their Indigenous communities. What is the National Day for Truth and Reconciliation? This public commemoration of the tragic and painful history and ongoing impact of
Koskie Minsky Ranked in the 2024 Edition of Chambers Canada
September 28, 2023
Koskie Minsky is proud to have once again been ranked in the 2024 edition of Chambers Canada. Koskie Minsky earned 2 Band 1 rankings, Chambers’ highest distinction. In addition to Koskie Minsky’s practice band rankings, 12 lawyers were recognized as leaders across 3 practice areas. Dispute Resolution: Class Action (Plaintiff) Employment & Labour: Labour for
Ontario Ministry of Finance Releases Revised Consultation Paper on Target Benefit Plans
September 14, 2023
Overview On September 1, 2023, the Ontario Ministry of Finance released a revised consultation paper on proposed amendments to the Pension Benefits Act (the “PBA”) and the regulations under the PBA to implement a permanent regulatory framework governing target benefit plans. The revised consultation paper, entitled “A Permanent Framework for Target Benefits: Revised Proposals,” reflects
Practice Area
Pension and Benefits
Alan Minsky, K.C., Recipient of the IF’s Canadian Lifetime Volunteer Award
September 7, 2023
One of Koskie Minsky’s founding partners, Alan Minsky K.C., will be honoured this year with an award for his dedication and contribution to pension and benefits law during his career. Alan will be presented with the International Foundation of Employee Benefit Plans’ 2023 Canadian Lifetime Volunteer Award on Monday September 11, 2023, at the 56th
Twenty One KM Lawyers Listed In The 18th edition of The Best Lawyers in Canada™
August 24, 2023
We are pleased to announce that 21 of the Firm’s lawyers were chosen by their fellow professionals to be listed in the 18th Edition of The Best Lawyers in Canada. Below is a complete list of KM lawyers, by practice area, recognized in the 18th Edition of The Best Lawyers in Canada: Jeffrey Armel – Construction
Six KM Lawyers Named To 2024 Best Lawyers: Ones To Watch In Canada™
August 24, 2023
We are pleased to announce that 6 KM lawyers have been included in the 2024 edition of Best Lawyers: Ones to Watch in Canada. Best Lawyers: Ones to Watch in Canada recognizes associates and other lawyers who are earlier in their careers for their outstanding professional excellence in private practice in Canada. Kamal Bakhazi – Labour and
Michael Mazzuca Serving as an Instructor at the IF’s MTMS Program
August 21, 2023
Michael will be serving as an Instructor at the International Foundation’s Master of Trust Management Standards (MTMS) Program. The Master of Trust Management Standards (MTMS) is an educational program for trustees that builds upon the key knowledge areas in FTMS and ATMS, a next step that challenges trustees to take a leadership role in their
Federal Government Releases Consultation Draft Of Amendment To Rules Governing Specified Multi-Employer Pension Plans
August 10, 2023
On August 4, the federal government released a series of technical draft amendments to the Income Tax Act (Canada) and the Income Tax Regulations (the “ITRs”) to implement previously announced commitments in Budget, 2023. Among the proposed measures included in these amendments are changes to the rules governing specified multi-employer plans (“SMEPs”) under s. 8510
Practice Area
Pension and Benefits
WSIAT: Injured Worker Entitled to Reimbursement for Medical Cannabis
August 10, 2023
Koskie Minsky acted in a recent case before the Workplace Safety and Insurance Appeals Tribunal (the “WSIAT”), where David Ragni, a lawyer in our labour department, successfully argued that an injured worker was entitled to reimbursement for medical cannabis purchased from Compassion Clubs without receipts. Background In 2007, the injured worker received authorization from Health
Practice Area
Labour Law
OPC Updates Workplace Privacy Guidance
July 31, 2023
On May 29, 2023, for the first time in 19 years, the Office of the Privacy Commissioner of Canada (“OPC”) updated their guidance concerning privacy in the workplace and the application of the Personal Information Protection and Electronic Documents Act (“PIPEDA”). The guidance clarifies employee privacy rights, constrains employee monitoring and clarifies practical tips for
Expertise
Privacy and Compliance, Employment Law
Padraigin Murphy authors article for the Canadian Tax Foundation
July 31, 2023
Padraigin Murphy has authored an article for the Canadian Tax Foundation on Pension Funds Facing Withholding Tax Issues in EU Countries. To read the article, please click here.
CAPSA Opens Consultation on New Risk Management Guideline
July 31, 2023
In June 2023, the Canadian Association of Pension Supervisory Authorities released detailed draft guidelines on pension plan risk management. CAPSA is inviting submissions from pensions stakeholders until September 30, 2023. This guidance builds on previously released CAPSA guidelines on governance, funding, and investment practices, and provides specific recommendations on risk management, third-party risk, cyber risk,
Practice Area
Pension and Benefits
Ontario Government Proposes Extension to SOMEPP Regulations
July 28, 2023
On July 1, 2023, the Ontario government published proposed regulations that would extend the Specified Ontario Multi-Employer Pension Plan (“SOMEPP”) regime for the period from January 1, 2024 to January 1, 2025. The proposed regulations are publicly available online on the Ontario Regulatory Registry. These regulations were initially introduced in 2007, to provide temporary solvency
Practice Area
Pension and Benefits
Karine Bédard Member of the OBA Class Actions Law Section Executive
July 25, 2023
We are pleased to announce that Karine is serving on the executive of the Ontario Bar Association’s class action section for the 2023-2024 term.
Workplace Harassment Reports are not Defamatory
July 17, 2023
The Ontario Court of Appeal has now issued a decision confirming the law with respect to workplace harassment investigation reports, wherein the investigator /author of the report, will not be liable for defamation for the findings in the report. In the case at bar, the employer, through legal counsel, retained the service of a workplace
Expertise
Employment Law
Mark Zigler and George Dzuro to Speak at the 56th Annual Employee Benefits Conference
July 13, 2023
Mark Zigler and George Dzuro will be speaking at the IF’s 56th Annual Employee Benefits Conference, September 10-13, 2023. The Conference will take place at the Palais des congrès de Montréal in Montréal, Québec. Mark will take part in a panel discussion on Legal/Legislative Developments — Central Canada and George will participate in a panel
Practice Area
Pension and Benefits
Busayo Faderin to Guest Lecture at Humber College
July 12, 2023
Busayo will be delivering a guest lecture on Human Rights and Employment Law for Humber College’s Paralegal Education Program on July 18, 2023. The Employment Law Course of the Paralegal Education Program introduces students to the law affecting employment in Ontario, including employment standards, human rights, occupational health and safety, pay equity, labour relations and
Michael Mazzuca Serving as Instructor at the IF’s MTMS Program
June 27, 2023
Michael will be serving as an Instructor for the International Foundation’s Master of Trust Management Standards (MTMS) Program. The Master of Trust Management Standards (MTMS) is an educational program for trustees that builds upon the key knowledge areas in FTMS and ATMS, a next step that challenges trustees to take a leadership role in their
Flags and Rainbows: Ontario Divisional Court Dismisses Application for Judicial Review of School Board Decision Denying Applicant Request to Present on the Flying of the Rainbow Pride Flag at Ontario Schools
June 26, 2023
In a recent decision of the Ontario Divisional Court, the Court dismissed an application for judicial review of an administrative decision by the Bluewater District School Board (“the Board”). In Gillies v Bluewater District School Board 2023 ONSC 1625 (CanLII), the applicant sought to quash the decision together with a declaration that the decision unjustifiably violated her
Expertise
Employment Law
Mireille Giroux Appointed Vice Chair of the Ontario Labour Relations Board
June 7, 2023
Koskie Minsky LLP is very proud to announce that Mireille Giroux has been appointed by the Government of Ontario to serve as a full-time Vice Chair of the Ontario Labour Relations Board. Mireille Giroux joins a distinguished group of other KM alumni who have held and continue to hold prominent roles at the Ontario Labour
Temporary Layoff and Condonation – A Surprising Court of Appeal Decision
April 19, 2023
In a recent decision of the Ontario Court of Appeal, the court considered a case of pandemic layoff and whether 9 months after the layoff occurred, the employee could be said to have condoned the layoff. The Court of Appeal relied upon one of its earlier decisions in McGuinty v. 1845035 Ontario Inc., 2020 ONCA
Expertise
Employment Law
Michael Mazzuca to Present at the IF’s Legal & Legislative Update
April 18, 2023
Michael Mazzuca will present “Cross-Country Benefits Check-Up” as a part of the International Foundation of Employee Benefit Plan’s program: Canadian Legal & Legislative Update, on May 17, 2023. The program will take place at the Westin Nashville in Nashville, Tennessee. To learn more about the IFEBP program, click here.
Busayo A. Faderin to speak at Evidence Tips & Tricks for Early Career Litigators | MAY 12, 2023 HYBRID
April 14, 2023
Busayo Faderin will be presenting on the panel, A Quick Review: Key Legislation and Case Law to Remember, hosted by the Ontario Bar Association on May 12, 2023. The program is currently scheduled as an in-person program with a webcast option. For more information about the event and to register, please click here.
Busayo A. Faderin to speak at 21st Annual Current Issues in Employment Law | APRIL 25, 2023 HYBRID
April 14, 2023
Busayo Faderin will be presenting on the panel, Workplace Privacy: Electronic Monitoring of Employees, hosted by the Ontario Bar Association on April 25, 2023. This program is currently scheduled as an in-person program with a live webcast option. For more information about the event and to register, please click here.
Time Theft, Just Cause and Electronic Monitoring Software
April 10, 2023
Can I be fired for time theft? Is my employer allowed to electronically monitor me? The quick answer to both questions is yes. While the standard for establishing a termination for cause is high, there are circumstances in which a court will uphold such a decision by an employer to terminate an employee without notice—typically,
Expertise
Employment Law
Nancy Shapiro selected as one of Canadian HR Reporter’s 5-Star Employment Lawyers!
April 5, 2023
We are pleased to announce that Nancy Shapiro has been selected as one of Canadian HR Reporter’s 5-Star Employment Lawyers for 2023. She, and the other winners, are featured on the Canadian HR Reporter’s website here. Nancy Shapiro has over 20 years of experience and is recognized by Lexpert, Best Lawyers and Chambers Canada as
2023 Federal and Ontario Budget Proposals in Support of Skilled Trades
March 30, 2023
Both the federal and Ontario 2023 budgets include measures intended to draw and maintain workers in the skilled trades. Both budgets tie the need for more workers in the skilled trades to plans to increase the building of new homes in the coming years. Canada’s 2023 Budget aims to assist tradespeople in purchasing equipment through
Practice Area
Pension and Benefits, Labour Law
2023 Federal Budget – Registered Savings Plan and Employee Benefit Plan Roundup
March 30, 2023
Canada’s 2023 Budget proposes to increase RESP withdrawal limits and to make various changes that will make it easier for individuals to establish and maintain Registered Education Savings Plan (“RESP”) and Registered Disability Savings Plan (“RDSP”) for family members. Budget 2023 also proposes approximately $13 billion over the next five years to implement the national
Practice Area
Pension and Benefits
Demetrios Yiokaris and Katherine Ferreira protect new home purchasers
March 20, 2023
Koskie Minsky LLP acts as counsel to the Home Construction Regulatory Authority (HCRA), which is the regulator for new home builders and vendors in Ontario. Demetrios Yiokaris and Katherine Ferreira recently succeeded in having the license of Albion Building Consultant Inc. revoked after a week long hearing. This decision recently received positive media attention from
Ontario Releases Consultation Paper on Framework for Target Benefits
March 16, 2023
On March 14, 2023, the Ontario Ministry of Finance released its long-anticipated consultation paper on the regulatory framework intended to govern target benefit plans, “A Permanent Framework for Target Benefits.” The proposal can be accessed online at https://www.ontariocanada.com/registry/view.do?postingId=44107&language=en. BACKGROUND In 2007, the Ontario government introduced temporary funding measures, permitting multi-employer pension plans that satisfied prescribed
Practice Area
Pension and Benefits
Eighteen KM Lawyers Listed In The Canadian Legal Lexpert Directory 2023
March 2, 2023
Koskie Minsky LLP is pleased to announce that 18 of the Firm’s lawyers were chosen by their fellow professionals to be listed in the 2023 edition of The Canadian Legal Lexpert Directory. The Canadian Legal Lexpert Directory compiles lists of outstanding professionals by conducting peer-review surveys in which thousands of leading lawyers confidentially evaluate their
Kirk Baert recognized as a Lexpert-ranked lawyer in the 2023 Lexpert/ ALM 500 Directory
March 1, 2023
Kirk Baert was voted as one of the 2023 Leading Legal Practitioners across Canada based on an extensive peer survey process. The identification of leading practitioners and firms is based upon a comprehensive annual survey, ongoing since 1994. The selected lawyers have been recommended by their law firm leaders. They are acknowledged as leaders in
Illegal Termination Provision Entitles Terminated Employee to Payment for Entire Fixed-Term Agreement
February 22, 2023
Since being released, Ontario courts have applied Waksdale v. Swegon North America Inc., 2020 ONCA 391 (“Waksdale“) and held that where a ‘for cause’ provision violates the Employment Standards Act, 2000 (“ESA“), all clauses in the employment contract are void and unenforceable, thus entitling employees to full common law notice. This was no different in
Expertise
Employment Law
Busayo Faderin Quoted In Canadian HR Reporter
February 17, 2023
Busayo Farderin was quoted in the Canadian HR Reporter article, “Why HR should care about new violence and harassment treaty” To read the article, please click here.
Have you made your 2023 New Years Human Resource Resolutions?
January 9, 2023
As we start off the new year it is a good time to review your practices and think of adopting some new ones. What are the ways to do what you do better? Here are a few thoughts on what we see businesses missing or getting wrong with great frequency. Not updating policies Your Workplace
Expertise
Employment Law
The Federal Public Sector Labour Relations and Employment Board Decides to “Punish” the Correctional Service of Canada by Awarding $310,000 for Psychological Harm and Punitive Damages
December 1, 2022
Lyons v Deputy Head (Correctional Service of Canada), 2022 FPSLREB 95 On November 21, 2022, the Federal Public Sector Labour Relations and Employment Board (the “Board”) released its decision in Lyons v Deputy Head (Correctional Service of Canada), 2022 FPSLREB 95. This decision follows the Board’s previous ruling in Lyons v Deputy Head (Correctional Service
Practice Area
Labour Law
Andrew Hatnay in the News about Laurentian University CCAA
November 11, 2022
To review the news articles, please click on the links below: Thorneloe appeals denial of $9.8M claim against Laurentian – Sudbury.com Thorneloe shouldn’t be held responsible for mismanagement at LU, court hears – CTV News Laurentian has ‘path forward’ after 1st phase of restructuring, but can’t rest on laurels, court hears – Sudbury.com Laurentian created ‘manufactured crisis’
Nancy Shapiro Selected As One Of Post City Magazine’s Top Lawyers In The GTA
November 4, 2022
We are excited to announce that Nancy Shapiro has been selected by her peers as one of Post City Magazine’s Top Lawyers in the GTA. She, and the other winners, are featured in the November issue of Post City Magazines. Nancy Shapiro has over 20 years of experience and is recognized by Lexpert, Best Lawyers and
Koskie Minsky LLP Statement in Support of Education Sector Workers
November 3, 2022
The right of workers to collectively bargain, which includes the right to strike, is the bedrock upon which Ontario’s labour relations regime has been built since the end of the Second World War. The gains unionized workers have made through the collective bargaining process over the decades has improved the working lives of unionized and
The Keeping Students in Class Act
November 2, 2022
On October 31, 2022 the Ontario government introduced Bill 28 (“Bill 28”), the Keeping Students in Class Act. The Bill involves a broad and aggressive legislative attack on the constitutional rights of workers to engage in collective bargaining. Bill 28 arrived in the midst of ongoing bargaining between the government and education workers represented by
Practice Area
Labour Law
Demetrios Yiokaris Quoted In Article by the Lawyers Daily in Fraud and Conspiracy Case
October 19, 2022
Demetrios Yiokaris, a Partner in the Litigation Department, successfully defended a real estate lawyer in a fraud and conspiracy matter. The Ontario Court of Appeal recently dismissed an appeal of a June 2021 decision that found a real estate transaction, which concluded unfavourably for the appellant, was not due to fraud or conspiracy on the
Ontario launches consultation on portable benefits program
October 17, 2022
The Ontario government is conducting a consultation regarding a portable benefits program for part-time, temporary and contract workers. This program would attach health and dental benefits to workers rather than to employers. No potential aspects of plan design or administration have yet been shared. The Ontario Health Insurance Plan (“OHIP”) covers services such as visits
Practice Area
Pension and Benefits
Careful Drafting and Reasonable Limits Remain Key in Non-Compete Provisions
October 11, 2022
While the 2021 ESA amendments relating to non-competition agreements are likely to limit the circumstances in which such agreements can or will be used in the future, non-competition agreements that were in place prior to the ESA amendments remain unaffected. The legal enforceability of non-competition agreements that pre-date the ESA amendments continue to hinge on
Expertise
Employment Law
Koskie Minsky Top-Ranked In The 2023 Chambers Canada Guide
September 29, 2022
We are pleased to announce that once again Koskie Minsky has been recognized as a top-ranked (Band 1) law firm by Chambers Canada in the areas of: Employment & Labour: Labour for Unions Dispute Resolution: Class Action (Plaintiff) Pensions & Benefits Congratulations to all of our ranked lawyers!
Arleen Huggins To Speak At The HRPA 2022 Annual HR Law Conference
September 28, 2022
Arleen Huggins will be speaking at the HRPA 2022 Annual HR Law Conference on October 26, 2022. Arleen will be participating in a panel discussion focused on “A Retrospective of 30 Years in HR Law”. For more information about the conference, please click here.
Camille Dunbar on CBC Radio’s Ontario Today
September 21, 2022
Camille Dunbar will be on the CBC- Radio Ontario program, Ontario Today. The program will air tomorrow, September 22, 2022, from noon to 1:00 p.m., and will focus on the new electronic monitoring legislation.
Congratulations Scarlett Forest On Winning the CBA’s “In the Public Interest” Student Essay Contest
September 19, 2022
Scarlett Forest, a current Articling student, has been announced as the 2022 winner of the Canadian Bar Association’s “In the Public Interest” Student Essay Contest. The award is presented annually for the best scholarly paper received about the contribution of public sector lawyers or an important development in the law affecting public sector lawyers in
Employers: Be Prepared to Show Why an Employee’s Human Rights Protected Ground Was Not a Factor in Termination Decision
September 12, 2022
In Luckman v. Bell Canada, 2022 CHRT 18, the Canadian Human Rights Tribunal (“Tribunal“) ordered the employer, Bell Canada (“Bell“), to pay more than $120,000 in damages to a former employee who was recklessly terminated by Bell. The Tribunal held that the respondent employer discriminated against the complainant contrary to section 7 of the Canadian Human Rights Act, RSC
Expertise
Employment Law
Nancy Shapiro Named 2023 Best Lawyers™ “Lawyer of the Year” in the Toronto Area.
August 25, 2022
We are pleased to announce that Nancy Shapiro was recently recognized by Best Lawyers™ as the 2023 “Lawyer of the Year” for Labour and Employment Law. Only a single lawyer in each practice area and designated metropolitan area is honored as the “Lawyer of the Year,” making this accolade particularly significant. These lawyers are selected
Twenty KM Lawyers Listed In The 17th Edition Of The Best Lawyers In Canada®
August 25, 2022
We are pleased to announce that 20 of the Firm’s lawyers were chosen by their fellow professionals to be listed in the 17th Edition of The Best Lawyers in Canada. Below is a complete list of KM lawyers, by practice area, recognized in the 17th Edition of The Best Lawyers in Canada: Jeffrey Armel – Construction
Seven KM Lawyers Named to 2023 Best Lawyers: Ones to Watch in Canada™
August 25, 2022
We are pleased to announce that 7 KM lawyers have been included in the 2023 edition of Best Lawyers: Ones to Watch in Canada. Best Lawyers: Ones to Watch in Canada recognizes associates and other lawyers who are earlier in their careers for their outstanding professional excellence in private practice in Canada. Kamal Bakhazi – Labour and Employment
Murray Gold to co-chair 2nd Osgoode Certificate in ESG, Climate Risk & the Law
August 17, 2022
Murray Gold is co-chairing the 2nd Osgoode Certificate in ESG, Climate Risk & the Law component ‘Strategic ESG Governance Topics & Pension Fund Governance’ on October 6, 2022. On that day, Murray will also be speaking about ‘Pension Fund Approaches for Offsets, Standards and Related Challenges’.
Murray Gold and Kathryn Bush to present at the IFEBP’s ‘Canadian Legal and Legislative Update’ webcast
August 17, 2022
Murray Gold and Kathryn Bush are jointly presenting a ‘Canadian Legal and Legislative Update’ webcast on September 6, 2022, sponsored by the International Foundation of Employee Benefit Plans.
Camille Dunbar on CBC Radio’s Ontario Today
August 15, 2022
Camille Dunbar will be on the CBC- Radio Ontario program, Ontario Today. The program will air on August 16, 2022 from noon to 1:00 p.m., and will focus on the return to work and all of the various scenarios employers and employees are facing.
Mason v. The Queen, 2022 TCC 65
August 10, 2022
In a recent decision in Mason v. The Queen, the Honourable Justice Dominique Lafleur of the Tax Court of Canada held that motor vehicle expenses that a construction foreman incurred driving to and from his home and his employer’s worksites were deductible under section 8(1)(h.1) of the Income Tax Act, R.S.C., 1985, c. 1 (5th
Practice Area
Pension and Benefits
Nancy Shapiro To Speak At The Employment Law Masterclass Toronto
August 10, 2022
Nancy Shapiro will be speaking at the online event, The Employment Law Masterclass Toronto, on September 8, 2022. Nancy will take part in a panel discussion on: Understanding recent trends in just cause terminations to limit exposure to legal issues. The panel will examine recent trends and themes in just cause termination cases, and identify what
Nancy Shapiro To Speak At The CBA Webinar: Constructive Dismissal: Basic Principles, Emerging Trends and Everything in Between
August 10, 2022
Nancy Shapiro will be speaking at the CBA Labour and Employment Law Section Webinar, Constructive Dismissal: Basic Principles, Emerging Trends and Everything in Between, on September 28, 2022. Constructive dismissal is one of the most vexing topics in employment law. This webinar will cover basic principles, the latest cases from the SCC and appellate courts.
What is exceptional? How to get more than 24 months notice of termination…
August 8, 2022
The Ontario Court of Appeal in the 2019 decision of Dawe v. the Equitable Life Insurance Company of Canada held that only exceptional circumstances would support the award of a notice period in excess of 24 months in relation to the termination of someone’s employment. Recently they had occasion to review that decision. At trial
Expertise
Employment Law
Yellow Pages Pensioners’ Group Announces Agreement with Yellow Pages on Additional Funding for Pension Plan
August 5, 2022
We are pleased to announce that our client, the Yellow Pages Pensioners’ Group (“YPPG”), has reached an agreement with Yellow Pages as part of Yellow Pages’ recent “share buy-back” transaction. The agreement will see a total payment of $30M paid to the pension plan in 2022 to improve the funded status of the pension plan.
Revenu Quebec Announces New Incentive for Remittance of Unclaimed Financial Assets
August 5, 2022
On June 1, 2022, Revenu Quebec announced a new incentive program to encourage holders of unclaimed financial assets to remit these assets to Revenu Quebec. The Unclaimed Property Act imposes obligations on holders of unclaimed property – which includes benefits under a registered pension plan – to report and remit unclaimed financial assets to Revenu
Practice Area
Pension and Benefits
Mark Zigler to Speak at The International Foundation Of Employee Benefit Plans’ 55th Annual Canadian Employee Benefits Conference
August 5, 2022
Mark Zigler will be speaking at the 55th Annual Canadian Employee Benefits Conference in New Orleans, Louisiana, on November 21, 2022. Mark will take part in a panel discussion on: Legal/Legislative Developments Across Canada. The panel will discuss proposed and recently passed legislation and regulations as well as court decisions affecting pension and health and
Paid and Deemed Infectious Disease Emergency Leaves Set to Expire
July 15, 2022
After a series of extensions, deemed infectious disease emergency leave (“deemed IDEL”) will expire on July 30, 2022, and paid infectious disease emergency leave (“paid IDEL”) is set to expire on July 31, 2022. Deemed IDEL Recap Subject to certain exceptions, the Ontario government instituted temporary relief from Employment Standards Act, 2000 (“ESA”) termination and
Expertise
Employment Law
Arbitrators Split in Two Recent Decisions on Whether Two-Dose COVID-19 Vaccine Mandates Continue to be Reasonable as Pandemic Evolves
July 6, 2022
As public health responses adapt to an ongoing and evolving COVID-19 pandemic, now dominated by the Omicron variant, arbitrators continue to consider whether mandatory workplace vaccination policies remain reasonable. In two recent decisions, Alectra Utilities Corporation v Power Workers’ Union and FCA Canada Inc. v Unifor, Locals 195, 444, 1285, labour arbitrators recognized the importance
Practice Area
Labour Law
Martin Ejidra to Speak at the 2022 Certificate in Canadian Benefits Plans Program
July 5, 2022
Martin Ejidra will be speaking at the Certificate in Canadian Benefit Plans Program in Seattle on August 22-24. The Certificate in Canadian Benefit Plans is the perfect introduction to the world of Canadian employee benefits, pensions and human resources practices. This intensive 3-day program offers unmatched opportunities for live, hands-on learning, networking with your peers
Arleen Huggins to Speak at The International Foundation of Employee Benefit Plans’ 55th Annual Canadian Employee Benefits Conference
July 5, 2022
Arleen Huggins will be speaking at the 55th Annual Canadian Employee Benefits Conference in New Orleans, Louisiana, on November 22, 2022. Arleen will take part in a panel discussion with Karen M. DeBortoli and Allison Tremblay on: Going Beyond Lip Service—A Deeper Look at Diversity and Inclusion in Pension and Benefit Plans. The panel will
Arleen Huggins to Speak at the 2022 FBS Annual Conference
November 3, 2022 - November 4, 2022
Arleen Huggins will be speaking at the 2022 FBS Annual Conference, which will be held in Ottawa from November 3-4, 2022. Arleen will participate in a panel discussion focused on the legal and human rights framework of Identity, Citizenship, and Membership, within the context of hiring and other aspects of the employment relationship. More information
Workplace Policy Housekeeping June 2022
June 27, 2022
With the summer months here and many workplaces and employees focused on upcoming time off, it is important that workplaces ensure that they are up to date on new workplace requirements in Ontario. Right to Disconnect Policy For the first year of this new requirement, employers that employed 25 or more employees on January 1,
Expertise
Employment Law
Nancy Shapiro To Speak At the 2022 CAN-TECH Law Spring Conference: Moving Fast Without Breaking Things
June 3, 2022
Nancy Shapiro will be speaking at the online conference hosted by CAN TECH on June 8, 2022. Nancy’s session will focus on “Electronic Monitoring in the Workplace.” For more information about the conference, please click here
Sara Tatelman authors column for Benefits Canada
June 2, 2022
Sara Tatelman has authored a column for Benefits Canada: Expert panel: How employers can design health benefits, retirement plans for gig workers. To read the column, please click here.
Secret Recording of Workplace Meetings was Cause for Termination
May 9, 2022
It is not a criminal act to record conversations where you have the consent of one of the parties, typically by the one who is doing the recording. However, we now have a case out of British Columbia finding, criminal or not, it was an invasion of privacy and was cause for the termination of
Expertise
Employment Law
Government of Ontario Announces Increase to General Minimum Wage
April 20, 2022
On April 5, 2022, the Government of Ontario announced that the general minimum wage rate will increase to $15.50 per hour on October 1, 2022. This increase will represent a $0.50 increase from the $15.00 per hour minimum wage which was implemented on January 1, 2022. The general and specialized minimum wage rates that will
Expertise
Employment Law
Federal Government Releases 2022 Budget
April 8, 2022
On April 7, 2022, Finance Minister Chrystia Freeland tabled the federal government’s (the “Government“) 2022 budget (the “2022 Budget“), entitled “A Plan to Grow Our Economy and Make Life More Affordable”. Of particular interest to unions and pension and benefit plan administrators are announcements concerning public dental and pharmacare programs, the loosening of borrowing rules
Practice Area
Pension and Benefits
Kirk Baert named Fellow of the International Academy of Trial Lawyers
March 22, 2022
We are very pleased to announce that Kirk Baert, a Class Actions Partner at Koskie Minsky, received the title of Fellow by the International Academy of Trial Lawyers (IATL), during a ceremony in Los Angeles, California, on March 19, 2022. The IATL limits Fellowship to 500 active trial lawyers and seeks out Fellows who have
Nancy Shapiro to speak at the Canadian Lawyer Employment Law Masterclass
March 3, 2022
Nancy Shapiro will be speaking at the online event hosted by the Canadian Lawyer Employment Law masterclass on April 28, 2022, regarding “Legal strategies and best practices to improve employee retention”. This event has been approved for CPD credits. For more details, please click here.
New Employee-Friendly Changes to Ontario’s Employment Laws
March 3, 2022
The Working for Workers Act, 2021 Recently, the Ontario government introduced significant changes to workplace laws, intended to provide a wide array of benefits to employees in the province. On December 2, 2021, Bill 27: Working for Workers Act, 2021 (“Workers Act“) received Royal Assent. Two of the most notable changes are: i) a prohibition on
Expertise
Employment Law
Sixteen KM Lawyers Listed In The Canadian Legal Lexpert Directory 2022
February 27, 2022
Koskie Minsky LLP is pleased to announce that 16 of the Firm’s lawyers were chosen by their fellow professionals to be listed in the 2022 edition of The Canadian Legal Lexpert Directory. The Canadian Legal Lexpert Directory compiles lists of outstanding professionals by conducting peer-review surveys in which thousands of leading lawyers confidentially evaluate their
Ontario Adopts Regulations Regarding Defined Contribution Pension Plans
February 24, 2022
On February 11, 2022, the Government of Ontario filed Ontario Regulation 66/22 (the “Regulation”), which amends the General regulations under the Pension Benefits Act to exempt defined contribution pension plans from certain regulatory requirements. The Regulation specifically exempts such pension plans from 1) the requirement to file an auditor’s report with FSRA where the assets
Practice Area
Pension and Benefits
Department of Finance Releases Draft Amendments to the Income Tax Act Regarding Defined Contribution Pension Plans
February 24, 2022
On February 4, 2022, the Department of Finance released draft legislation that will, subject to certain conditions, permit administrators of defined contribution (“DC”) pension plans to correct past contribution errors. The proposed amendments can be accessed at https://fin.canada.ca/drleg-apl/2022/ita-lir-0222-1-eng.html. The current Income Tax Act (the “ITA”) rules governing DC pension plans do not allow for “catch-up”
Practice Area
Pension and Benefits
Early Termination Clause Invalid – Employee Entitled to Balance of 3-year Fixed Term Contract
February 22, 2022
In a recent decision of the Ontario Superior Court of Justice, the principles in the now infamous Waksdale v. Swegon North America Inc., 2020 ONCA 391 decision were applied to a fixed term contract, striking out a termination clause where the ‘for cause’ termination provision was broader than permitted by the Ontario Employment Standards Act, 2000
Expertise
Employment Law
Arbitrator strikes down “automatic termination” penalty for non-compliance with mandatory vaccination policy
February 10, 2022
In a decision issued on February 7, 2022, Arbitrator Gail Misra struck down an employer’s policy for mandatory vaccination against COVID-19 to the extent that the policy contemplated termination as an “automatic” penalty for non-compliance. The decision deals with a policy grievance by Healthcare, Office and Professional Employees Union, Local 2220 (“the Union”) against Chartwell
Practice Area
Labour Law
Arbitrator upholds mandatory vaccination requirement for indoor workers
February 9, 2022
In a recent decision, Arbitrator Michael Mitchell upheld a policy on mandatory vaccination (which required two doses in addition to any recommended boosters) against COVID-19 as it applied to employees who work in an indoor setting at least some of the time.[1] The Power Workers’ Union (“the Union”) filed a policy grievance against the vaccination
Practice Area
Labour Law
Canadian Securities Administrators Issue Staff Notice 81-334 Regarding ESG-Related Investment Fund Disclosure
February 8, 2022
Interest in environmental, social and governance (“ESG“) factors is increasing quickly among Canadian investors, spurred in part by the view that redirecting investments towards the climate crisis and our collective social and governance challenges may be an effective way to address portfolio risk and, at the same time, to resolve these larger issues. To date,
Practice Area
Pension and Benefits
Ontario Introduces Protections for Pension Whistle-Blowers
February 4, 2022
In its fall economic statement, Ontario introduced amendments to the Financial Services Regulatory Authority of Ontario Act, 2016 that would protect whistle-blowers. The bill, which also included amendments to numerous other statutes, came into force on December 9, 2021. The new legislation defines whistle-blowers as persons or entities who, in good faith, disclose to the
Practice Area
Pension and Benefits
Arleen Huggins To Speak At The Osgoode Advanced Certificate in Workplace Investigations Program
February 4, 2022
Arleen Huggins will be speaking at The Osgoode Advanced Certificate in Workplace Investigations Program on March 21, 2022. Arleen’s session will focus on “Investigating Allegations of Racism, Systemic Racism Prejudice and Bias in the Workplace”. For more information about the program, please click here
James Harnum Quoted in Toronto Star Article on former Migrant Farm Workers’ battle to recoup unpaid wages from cannabis company
February 2, 2022
James Harnum, a Partner in the Pensions and Benefits Department, provided pro bono legal representation to migrant farm workers in their battle to recoup thousands in termination pay, unpaid wages and other amounts owing to them by Pharmhouse Inc., a bankrupt cannabis production facility. To read the full article please click here.
Nancy Shapiro to Speak on Employment Law in the Dental Office – Covid Implications
January 31, 2022
Nancy Shapiro will be speaking at the West Toronto Dental Society’s Zoom Webinar Lecture, Employment Law in the Dental Office – Covid Implications, on March 3, 2022. For more information about the event, please click here.
Nancy Shapiro Guests on The Great Canadian Leader Podcast
January 25, 2022
Nancy Shapiro was a guest on The Great Canadian Leadership Podcast as part of their special series on navigating difficult conversations. Nancy specifically discussed giving feedback and how you can build your confidence and strengthen your team. Listen here!
British Columbia Arbitrator denies application for a temporary stay of the City of Richmond mandatory vaccination policy
January 21, 2022
On January 12, 2022, Arbitrator Randall J. Noonan released a decision in which he denied an application by the International Association of Professional Firefighters, Local 1286 (“IAFF”) and the Canadian Union of Public Employees, Locals 718 and 394 (“CUPE”) (together, the “Unions”) to stay the application of a mandatory vaccination policy (the “Policy”) by the
Practice Area
Labour Law
KM distributes $5.7M settlement to former employees of Quality Meat Packers Ltd. and Toronto Abattoirs Ltd.
January 20, 2022
We are pleased to announce that KM has distributed a $5.7 million settlement that was achieved in litigation and labour board proceedings to all former unionized and certain salaried employees of Quality Meat Packers Ltd (“QMP”) and Toronto Abattoirs Ltd (“TAL”). This settlement will allow these employees who lost their jobs when QMP and TAL
Kenny Leung to present on the Ontario Not-for-Profit Corporations Act
January 19, 2022
The Ministry of Government and Consumer Services announced on October 19, 2021 that the Not-for-Profit Corporations Act, 2010 (“ONCA”) has now come into force. The ONCA modernizes and streamlines the regulatory framework that applies to not-for-profit corporations and registered charities that were governed by Part III of the Ontario Corporations Act (the “Corporations”) by enhancing
Martin Ejidra, Zoom & Live if Possible: Facing Systemic Racism in Schools
January 18, 2022
On Wednesday, February 9, 2022, Martin Ejidra will speak about Koskie Minsky’s 2020 report on confronting systemic racism at the Peel District School Board & other legal cases. Koskie Minsky LLP has championed legal suits against racial discrimination in the workplace and conducted the 2020 Report on Systemic Racism at the Peel District School Board, which
New Leave Amendments Introduced for Federal Employees
January 18, 2022
On December 17, 2021, the Canada Labour Code was amended to include the following: Bereavement Leave In the event of the death of an immediate family member or a family member, employees are entitled to a leave of absence from employment for up to ten days. The leave may be taken during the period that
Expertise
Employment Law
Nancy Shapiro selected as one of Canadian HR Reporter’s 5-Star Employment Lawyers!
January 17, 2022
We are pleased to announce that Nancy Shapiro has been selected as one of Canadian HR Reporter’s 5-Star Employment Lawyers for 2022. She, and the other winners, are featured on the Canadian HR Reporter’s website here. Nancy Shapiro has over 20 years of experience and is recognized by Lexpert, Best Lawyers and Chambers Canada as
Arbitrator Jesin upholds MLSE mandatory vaccination and status disclosure policy
January 14, 2022
In a decision released on January 12th, 2022, Arbitrator Jesin held that a workplace mandatory Covid-19 vaccination policy and associated vaccination status disclosure requirement issued by Maple Leaf Sports and Entertainment (“MLSE” or the “Employer”) for employees working at its Toronto sports and events venue Scotia Bank Arena was a reasonable exercise of the Employer’s
Practice Area
Labour Law
Labour Board dismisses complaints against unions regarding responses to COVID-19 vaccine policies
January 12, 2022
In a pair of decisions released back-to-back, the Ontario Labour Relations Board dismissed separate applications alleging that trade unions violated their Duty of Fair Representation in relation to their handling of complaints concerning employer COVID-19 vaccine policies. On January 10 and 11 2022, the Board released its decisions in Bloomfield v SEIU, Local 1 and
Practice Area
Labour Law
Arbitrator upholds mandatory vaccination policy
January 6, 2022
In a decision released on January 4, 2022, Arbitrator Herman denied a grievance from the United Food and Commercial Workers Canada, Local 175 (“UFCW”) concerning a workplace policy on mandatory vaccination against COVID-19 issued by Bunge Hamilton Canada (“Bunge”). UFCW grieved that the policy—which placed non-compliant employees on unpaid leave—was an unreasonable exercise of managerial
Practice Area
Labour Law
Disconnecting from Work: Do we have all the information we need?
December 13, 2021
An unintended consequence of the COVID-19 pandemic was a move to remote working and more flexible work arrangements. For many, this shift has blurred the lines between home and office, as remote working and technology continue to make it easier to work from almost anywhere. As a result, the need to develop policies dealing with
Expertise
Employment Law
Updated FSRA Advice for Plan Administrators regarding Pension Division upon Marriage Breakdown
November 25, 2021
The Financial Services Regulatory Authority of Ontario (“FSRA”) has finalized its guidelines for pension plan administrators dealing with the valuation and division of pension benefits upon marriage breakdown. These guidelines became effective on November 9, 2021, and will be reviewed by November 9, 2026. Scope These guidelines only apply to administrators of pension plans governed
Practice Area
Pension and Benefits
Quebec Arbitrator Upholds Vaccine Requirement Imposed by Customers
November 23, 2021
In a decision released on November 15, 2021, Arbitrator Denis Nadeau found that a vaccination requirement promulgated by customers of several housekeeping contractors infringed the right to respect for private life provided for in Article 5 of the Quebec Charter of human rights and freedoms (the “Quebec Charter“)[1]. However, in light of Article 9.1 of the Charter, Arbitrator Nadeau held that
Practice Area
Labour Law
Manitoba Court of Appeal finds that legislation temporarily preventing collective bargaining on wages is constitutional
November 22, 2021
In Manitoba Federation of Labour et al v. The Government of Manitoba, the Manitoba Court of Appeal held that the province’s public sector wage restraint legislation did not violate the Charter of Rights and Freedoms (the “Charter”). In deciding as such, the Court of Appeal overturned a ruling by the Court of Queen’s Bench. Under the leadership of
Practice Area
Labour Law
Arbitrator Strikes Down Mandatory Vaccination And Disclosure Policy
November 12, 2021
In a decision released on November 11, 2021, Arbitrator John Stout allowed a grievance filed by the Power Workers’ Union (the “PWU”) against the Electrical Safety Authority (the “ESA”) challenging a mandatory vaccination and disclosure policy. In September 2021, the ESA adopted a voluntary vaccination disclosure and testing policy (the “Voluntary Policy”) that allowed employees
Practice Area
Labour Law
Alan Minsky Assumes Role as Counsel to the Firm
November 12, 2021
After more than 40 years as a Partner of Koskie Minsky LLP, Alan Minsky will be stepping away from that position to assume the role of Counsel to the Firm, effective January 1, 2022. In his new role, Alan will serve as a valued advisor and mentor to other KM Associates and Partners and will
OSFI Summarizes Responses to Its Climate Risk Discussion Paper
November 8, 2021
On January 11, 2021, the Office of the Superintendent of Financial Institutions Canada (“OSFI“) published a discussion paper, Navigating Uncertainty in Climate Change: Promoting Preparedness and Resilience to Climate-Related Risks (the “Discussion Paper“), and launched a three-month consultation period in regards to it. The goal of the consultation was to engage federally regulated financial institutions (“FRFIs“), federally
Practice Area
Pension and Benefits
Ontario Court lifts interim injunction against the termination of unvaccinated UHN employees
November 4, 2021
The University of Health Network’s (“UHN”) mandatory vaccination policy required all of its more than 17,000 employees to be fully vaccinated or face termination of their employment, commencing October 22, 2021. Justice Sean Dunphy of the Ontario Superior Court issued an interim injunction on October 22, 2021, in response to a motion brought by several
Practice Area
Labour Law
Big Changes Proposed for the Employment Standards Act, 2000
November 2, 2021
On October 25, 2021, the Government of Ontario introduced Bill 27, Working for Workers Act, 2021 (“Bill 27”) to amend, among other things, the Employment Standards Act, 2000 (the “ESA“). If passed, Bill 27 and the amendments it includes, would significantly alter the employer-employee relationship. The changes proposed by Bill 27 include: New Part VII.0.1 – Right to Disconnect
Practice Area
Labour Law
Expertise
Employment Law
Nancy Shapiro Selected as one of Post City Magazine’s Top Lawyers in the GTA
November 1, 2021
We are excited to announce that Nancy Shapiro has been selected by her peers as one of Post City Magazine’s Top Lawyers in the GTA. She, and the other winners, are featured in the November issue of Post City Magazines. Nancy Shapiro has over 20 years of experience and is recognized by Lexpert, Best Lawyers
Where to Go for Workplace Justice?
October 29, 2021
Is labour arbitration the only avenue for unionized employees to seek redress for human rights violations? This issue—arbitral jurisdiction vis-à-vis the jurisdiction of other courts and tribunals to hear disputes in unionized workplaces—has been the subject of considerable legal debate. In Linda Horrocks v Northern Regional Health Authority, the SCC recently held that, absent legislative intention
Practice Area
Labour Law
Ontario Court issues interim injunction against the termination of unvaccinated UHN employees*
October 29, 2021
*The injunction described below was lifted on Oct. 29, 2021. We will provide an update shortly. On October 22, 2021, the Ontario Superior Court issued an interim injunction, temporarily halting an attempt by the University of Health Network (“UHN”) to terminate its unvaccinated employees. The injunction was granted in response to an urgent motion brought
Practice Area
Labour Law
Nancy Shapiro at the OBA Labour and Employment Law Program
October 28, 2021
Nancy Shapiro chairs the OBA Labour and Employment Law Program: DEALING WITH DIGITAL EVIDENCE FOR EMPLOYMENT AND LABOUR LAWYERS on October 29, 2021 . The Program will take place via webcast only. For more information about the Program, please click here.
Congratulations Sara Tatelman and Paniz Khosroshahy on Winning the CBA’s Labour and Employment Law Student Essay Contest
October 26, 2021
Sara Tatelman, an Associate in our Pension and Benefits department who articled at the Firm in 2020, and Paniz Khosroshahy, a current Articling student, have been announced as the winners of the Canadian Bar Association’s Labour and Employment Law Section Student Essay Contest for 2020 and 2021, respectively. The award is presented annually for the
Quebec’s Bill 64 Receives Royal Assent – Paving the way for major privacy reform in Quebec and across Canada
October 18, 2021
On September 22, 2021, the Act to Modernize Legislative Provisions respecting the Protection of Personal Information (“Bill 64“) received royal assent, just one day after it was adopted by Quebec’s National Assembly. Bill 64 updates the existing framework applicable to the protection of personal information by amending various Quebec laws, including the Act respecting the
Expertise
Privacy and Compliance
COVID-19 Vaccine Policies
October 18, 2021
What is the hot issue in every workplace right now? Vaccine policies of course. We have yet to see a court or administrative tribunal definitively answer whether vaccine policies violate health privacy laws or employee privacy generally or whether an employer’s implementation of these types of policies constitute constructive dismissal and/or a form of workplace
Expertise
Employment Law
Divisional Court Reverses Landmark WSIAT Decision and Restores Right to Sue in case of Alleged Constructive Dismissal
September 20, 2021
In late 2019 the Workplace Safety and Insurance Appeals Tribunal (“WSIAT” or the “Tribunal”) issued a landmark decision that took away an employee’s right to sue their employer for damages with respect to chronic mental stress flowing from workplace harassment and an inadequate employer response to same, resulting in a claim for constructive dismissal. The
Expertise
Employment Law
Infectious Disease Emergency Leave Extended to January 1, 2022
September 20, 2021
The COVID-19 Period has been further extended in Ontario and is now slated to end on January 1, 2022. Infectious Disease Emergency Leave (IDEL) is extended to January 1, 2022. The three paid sick days in relation to COVID-19 related matters are extended to December 31, 2021. After Infectious Disease Emergency Leave ends, employees who
Expertise
Employment Law
Arleen Huggins named one of Canada’s Top 25 Most Influential Lawyers
September 15, 2021
We are excited to announce that Arleen Huggins has been selected by the readers of Canadian Lawyer as one of the Top 25 Most Influential Lawyers for 2021 in the Human Rights, Advocacy and Criminal Law category. She, and the other winners, are featured in the September issue of the magazine. The Top 25 Most Influential
Workplace Vaccination Policies – The Legal & Practical Considerations
September 7, 2021
To date, there has been very little caselaw dealing specifically with the implementation of mandatory COVID-19 vaccination policies in the employment context. In the circumstances, employers and employees alike have no choice but to navigate the complex legal issues that arise from any attempts to reduce the risks associated with COVID-19 transmission and infection in
Expertise
Employment Law
Nineteen KM Lawyers Listed in the 16th Edition of The Best Lawyers in Canada®
August 26, 2021
We are pleased to announce that 19 of the Firm’s lawyers were chosen by their fellow professionals to be listed in the 16th Edition of The Best Lawyers in Canada. Below is a complete list of KM lawyers, by practice area, recognized in the 16th Edition of The Best Lawyers in Canada: Jeffrey Armel – Construction
Four KM Lawyers Listed in 2022 Best Lawyers: Ones to Watch in Canada
August 26, 2021
We are pleased to announce that four KM Lawyers were selected by their peers for inclusion in the 2022 Best Lawyers Canada: Ones to Watch list. New this year is the inaugural “Ones to Watch” list, which recognizes lawyers who have practised law for three to eight years. Below is the complete list of KM
Mark Zigler Quoted in Toronto Sun
August 25, 2021
Mark Zigler was quoted in the Toronto Sun article, “Workers regard pension protection campaign promise as long overdue.” To read the article, please click here.
COVID Pandemic is a Factor to be Considered in the Award of Notice but is not an Extraordinary Circumstance to Justify a Notice Period in Excess of 24 months
August 9, 2021
In a recent decision which considered the impact of the pandemic on a termination of employment, the Honourable Justice Vella held that the consideration of the fourth Bardal factor, namely ‘availability of similar employment having regard to the experience, training and qualifications of the employee’ led to consideration that there were challenging circumstances in terms
Expertise
Employment Law
Arbitrator Upholds Mandatory COVID-19 Testing
August 6, 2021
A recent arbitral decision, EllisDon Construction Ltd. v Labourers’ International Union of North America, Local 183, may provide some needed insight into how arbitrators will consider workplace policies mandating COVID-19 testing and/or vaccinations for its employees. In a decision released June 10, 2021, Arbitrator Robert Kitchen dismissed a grievance filed by LIUNA Local 183 in which the
Practice Area
Labour Law
Arbitrator Determines Cell Tracking App Contrary to Employee Privacy Interests
July 28, 2021
In a decision released May 15, 2021, Arbitrator Derek Rogers upheld grievances concerning an employer’s implementation of a phone application entitled “Exak Time.” Grievances were filed by both IUOE Local 793 and LIUNA 183. Both unions challenged the employer’s implementation of the app, which required clocking in and clocking out via mobile phone. The ExakTime
Practice Area
Labour Law
Legal Opinion released in response to a request by the Canada Climate Law Initiative concludes pension fiduciaries must take climate change into account in their management of plan assets
July 21, 2021
Randy Bauslaugh’s “Climate Change: Legal Implications for Canadian Pension Plan Fiduciaries and Policy-Makers”,[1] a legal opinion written at the request of the Canada Climate Law Initiative, is the latest contribution to the discussion of whether pension plan administrators should be factoring climate change into their decision-making on investments. Bauslaugh concludes that the current scientific consensus
Practice Area
Pension and Benefits
Pay Equity Act Finally Comes into Force
July 20, 2021
The Pay Equity Act, S.C. 2018, c. 27, s. 416 (“Pay Equity Act” or the “Act“), was passed by Parliament and received Royal Assent on December 13, 2018. It will come into force on August 31, 2021. It will apply to federally regulated public and private sector employers with an average of 10 or more
Expertise
Employment Law
Andrew Hatnay appointed to FSRA’s Technical Advisory Committee for the Employment-Based Vibrant Pension Pillar in Ontario
July 12, 2021
We are pleased to announce that Andrew Hatnay, a senior partner in the Firm’s Pension and Benefits practice, has been appointed to the Financial Services Regulatory Authority of Ontario’s (FSRA) Technical Advisory Committee for the Employment-Based Pension Pillar in Ontario. The Committee members will work together with the public to identify how to support the
ESA Severance – Global Payroll Pushes Employer over the $2.5 Million Threshold
June 28, 2021
In recent years, and in particular over the course of the last 18 months or so, courts have varied and/or clarified their position on a number of key employment law issues. In Hawkes v. Max Aicher (North America) Limited, 2021 ONSC 4290, the employee successfully brought an application for judicial review of a decision of the
Expertise
Employment Law
Ontario’s Long-Term Care COVID-19 Commission Releases its Final Report
June 23, 2021
The current COVID-19 pandemic has had a devastating impact within the province of Ontario. The residents and staff of long-term care homes have been among those most affected by COVID-19. By the end of April 2021, the pandemic had caused the deaths of approximately 4000 residents and 11 staff at long-term care facilities.[1] Although long-term
Practice Area
Labour Law
Craig Flood and Arleen Huggins at the 2021 Six-Minute Labour Lawyer Program
June 24, 2021
Craig Flood is once again co-chairing the Law Society of Ontario’s Six Minute Labour Lawyer Program (webcast-only), on June 24, 2021. Arleen Huggins and Craig Flood will present on Black Lives Matters: Restorative Actions. For more information about the Program, please click here.
Infectious Disease Emergency Leave Extended to September 25, 2021
June 9, 2021
The COVID-19 Period has been further extended in Ontario and is now slated to end on September 25, 2021 Infectious Disease Emergency Leave (IDEL) is extended to September 25, 2021 After Infectious Disease Emergency Leave ends, employees who were placed out of active service as a result of the pandemic are no longer on that
Expertise
Employment Law
Mark Zigler appears as witness before Standing Committee on Industry, Science and Technology as it considers Bill C-253
June 9, 2021
On June 3, 2021, Mark Zigler appeared as a witness before the Standing Committee on Industry, Science and Technology as it considers Bill C-253, an Act to Amend the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act. Mark’s testimony can be viewed here: https://parlvu.parl.gc.ca/Harmony/en/PowerBrowser/PowerBrowserV2/20210603/-1/35612?Language=English&Stream=Video#info_
Mandatory COVID-19 Vaccinations and Masking at Work?
May 31, 2021
For good reason, many employers are beginning to think about how their workplace will look a few months from now. They are considering how to assure employee safety and are wondering what impact the vaccination roll-out will have on masking and social distancing requirements over the summer and by early fall of 2021. In short,
Expertise
Employment Law
Philip Graham to Speak at the IFEBP’s Virtual Conference
May 25, 2021
Philip Graham will be speaking at the IFEBP’s Return to the Workplace Strategies Virtual Conference on June 3, 2021. Philip will be participating in a panel discussion on “Legal Considerations Around Returning to the Workplace (or Not) (Canada)”. For more information about the conference, please click here
Unconscious Gender Bias is Discrimination says HRTO
May 17, 2021
In a seminal decision released on March 18, 2021, the Human Rights Tribunal of Ontario has issued a finding supporting a claim of gender-based discrimination in relation to the unconscientious perception of the applicant as a woman and the gender bias which was inherent in her male-centred workplace (Cybulsky v. Hamilton Health Sciences, [2021] O.H.R.T.D.
Expertise
Employment Law
Arleen Huggins to speak at the International Foundation of Employee Benefit Plans’ Conference
May 8, 2021
Arleen Huggins will be speaking at the International Foundation of Employee Benefit Plans’ Conference on May 11, 2021. Arleen will be participating in a panel discussion on “Justice, Equity, Diversity and Inclusion (JEDI) in the Workplace”. For more information about the conference, please click here.
Arleen Huggins to Moderate the OBA’s 19th Annual Current Issues in Employment Law Webinar
May 18, 2021
Arleen Huggins will co-chair and co-moderate the OBA’s 19th Annual Current Issues in Employment Law Webinar on May 18, 2021. For more information about the webinar, please click here.
Privacy Legislation: How are Pension and Benefit Plans Affected?
May 5, 2021
Pension and benefit plan administrators and trustees process a substantial amount of personal information about individuals in order to provide benefits to employees, retirees, pensioners and surviving spouses. Privacy legislation, such as Personal Information Protection and Electronic Document Act (PIPEDA), imposes a legal framework around how the personal information collection by pension and benefit plan administrators is
Expertise
Privacy and Compliance
British Columbia Human Rights Tribunal dismisses a complaint alleging that a mandatory requirement to wear a mask in a grocery store was discriminatory
April 29, 2021
The British Columbia Human Rights Tribunal (the “Tribunal”) recently dismissed a complaint which alleged that it was discriminatory for a grocery store to refuse to allow a customer to enter without wearing a mask. In a decision dated March 31, 2021, The Customer v. The Store, 2021 BCHRT 39 (CanLII) the Tribunal dismissed the complaint without
Practice Area
Labour Law
Fifteen KM Lawyers Listed in The Canadian Legal Lexpert Directory 2021
April 22, 2021
Koskie Minsky LLP is pleased to announce that 15 of the Firm’s lawyers were chosen by their fellow professionals to be listed in the 2021 edition of The Canadian Legal Lexpert Directory. The Canadian Legal Lexpert Directory compiles lists of outstanding professionals by conducting peer-review surveys in which thousands of leading lawyers confidentially evaluate their
Federal Government Releases 2021 Budget
April 20, 2021
On April 19, 2021, Finance Minister Chrystia Freeland tabled the federal government’s 2021 budget, “A Recovery Plan for Jobs, Growth, and Resilience.” In addition to confirming the federal government’s intention to proceed with certain previously announced tax measures affecting specified multi-employer pension plans (“SMEPs”) and health and welfare trusts, the 2021 budget does contain some
Practice Area
Pension and Benefits
James Harnum and Andrew Hatnay at the OBA Pensions and Benefits Law and Insolvency Law Program
April 16, 2021
James Harnum will co-chair the Ontario Bar Association Program: Intersection of Pensions and Benefits Law and Insolvency Law, on April 16, 2021. The Program will take place via live webinar. Additionally, Andrew Hatnay will be part of a stellar faculty that will examine the issues that need to be resolved when a company with a pension
Face Masks: Personal Objections to Wearing Face Coverings does not Trigger the duty to Accommodate in Ontario
April 6, 2021
In Sharma v. Toronto (City), 2020 HRTO 949 (CanLII), the Applicant alleged that By-Law 541-2020 (the “By-Law”), which requires businesses and other establishments that are open to the public to adopt a policy that members of the public are not permitted entry to, or otherwise remain within, any enclosed space unless they are wearing a
Practice Area
Labour Law
Expertise
Employment Law
Ontario Proposes to Require PBGF Claim Exposure Reporting as Part of 2021 Budget
March 25, 2021
In its 2021 budget, released on March 24, the Ontario Government announced that it will amend Regulation 909 under the Pension Benefits Act (the “PBA”), to require pension plan administrators to calculate and report their plan’s Pension Benefits Guarantee Fund (“PBGF”) claim exposure. The Budget does not specify how a plan’s PBGF claim exposure will be determined and
Practice Area
Pension and Benefits
Koskie Minsky Hosts Complimentary Privacy Seminar Series
March 23, 2021
The Koskie Minsky LLP Privacy Practice Group cordially invites you to a Complimentary Seminar Series Introducing Privacy Legislation and Best Practices. The Complimentary Privacy Seminar Series will be held monthly over a three month period for one hour on the following dates: April 9 at 10 am EDT – Overview of Privacy Legislation May 6 at 10 am
Expertise
Privacy and Compliance
OLRB clarifies the scope of the precautionary principle in the context of the pandemic
March 22, 2021
The Ontario Labour Relations Board has clarified the scope of the precautionary principle, both generally and in the context of the COVID-19 pandemic, in its recent decision Liquor Control Board of Ontario v Ontario Public Service Employees Union, 2021 CanLII 15607 (“LCBO“). In this decision, the Board reaffirmed that compliance with the precautionary principle may
Practice Area
Labour Law
FSRA Releases Guidance on Leading Practices for Defined Benefit Multi-Employer Pension Plans
March 18, 2021
On March 16, 2021, The Financial Services Regulatory Authority of Ontario (“FSRA”) released “Defined Benefit Multi-Employer Pension Plans – Leading Practices,” a Guidance document that is the result of a thematic review of a selected sample of 21 Ontario-registered Defined Benefit Multi-Employer Pension Plans (DB MEPPs) conducted in 2020. The Guidance begins by acknowledging the three
Practice Area
Pension and Benefits
Camille Dunbar to speak at the Canadian Lawyer Employment Law Seminar
April 27, 2021
Camille Dunbar will be speaking at the online seminar hosted by the Canadian Lawyer Employment Law on April 27, 2021, regarding “Employer Terminations After Waksdale and Ocean Nutrition Canada Ltd.” For more information about the seminar, please click here.
Murray Gold Awarded the 2021 OBA Pension Award for Excellence in Pension & Benefits Law
February 26, 2021
We are pleased to announce that Murray Gold has been awarded the 2021 OBA Pension Award for Excellence in Pension & Benefits Law. The OBA Award of Excellence in Pensions and Benefits Law recognizes exceptional contributions and achievements in Pension & Benefits Law by members of the OBA. Murray is a leading lawyer in the
Practice Area
Pension and Benefits
Violation of Public Health Requirements and Termination for Cause
February 22, 2021
While cases before the courts will wind their way through slowly, labour arbitration hearings can move at a quicker pace. Some COVID issues have already been decided in the collective bargaining context. Of note is a recent arbitration decision in the federal context which upheld the termination of a worker for attending at work and
Expertise
Employment Law
Philip Graham to Speak at The Osgoode Certificate in Human Rights for Education Professionals Program
February 27, 2021
Philip Graham will be speaking at The Osgoode Certificate in Human Rights for Education Professionals Program on February 27, 2021. Philip will be participating in a panel discussion on “Disability Rights – Accommodation and Accessibility – The Duty to Accommodate: Theory and Practice”. For more information about the program, please click here.
Leona Kung to Speak at LexisNexis Canada Webinar on Construction Law
February 19, 2021
Leona Kung will be speaking at a Webinar hosted by LexisNexis Canada on February 19, 2021 regarding “Construction Law Updates: COVID Restrictions, Adjudication and New Home Warranties”. For more information about the webinar, please click here.
Koskie Minsky Lawyers Huggins and Graham Complete Hamilton-Wentworth District School Board Investigation
February 4, 2021
In response to the concerns about racism and oppression raised by former Hamilton-Wentworth District School Board (HWDSB) student trustees, HWDSB took action and initiated an independent, third-party Trustee Code of Conduct Review. We are pleased to announce that Arleen Huggins and Philip Graham have now completed this review. For more information, please click here.
Arbitrator Confirms Privacy Safeguards Protecting Health Records in the Grievance Process
February 3, 2021
A recent decision provides a caution concerning the proper treatment of medical information in the grievance process. In Orillia Soldiers’ Memorial Hospital v Ontario Public Service Employees’ Union, Local 383, Arbitrator Randi Abramsky determined that the hospital violated the Personal Health Information Protection Act (“PHIPA”), the Occupational Health and Safety Act (“OHSA”) the hospital’s own
Practice Area
Labour Law
Expertise
Privacy and Compliance
Ontario Court of Appeal encourages pragmatic solutions to COVID-19 delays
February 3, 2021
Louis v. Poitras, 2021 ONCA 49, is the first Ontario Court of Appeal decision to consider the impact of delays caused by the pandemic on a motion to strike a jury notice. The decision calls on lower courts to adopt a creative and pragmatic approach to this unprecedented challenge to the civil justice system in
Practice Area
Civil Litigation
CRA ISSUES TEMPORARY COVID-19 RELIEF MEASURES – SIMPLIFIED CLAIM FOR HOME EXPENSES FOR 2020 TAXATION YEAR
February 2, 2021
In its 2020 Fall Economic Statement, the federal government announced that, in light of the large numbers of Canadian taxpayers working from home due to the COVID-19 pandemic, the Canada Revenue Agency (the “CRA”) would simplify the process for claiming the home office expense deduction for the 2020 taxation year. Details regarding the temporary simplified
Practice Area
Pension and Benefits
KM Secures Settlement for Employees in Respect of Severance Entitlements Arising from Bankruptcies of Quality Meat Packers Limited and Toronto Abattoirs Limited
January 23, 2021
We are pleased to announce that a settlement has been reached on behalf of the United Food and Commercial Workers Locals 175 and 633, their members, and certain other salaried employees in respect of severance entitlements arising from the bankruptcies of Quality Meat Packers Limited (QMP) and Toronto Abattoirs Limited (TAL). This settlement, reached on
Arbitrator Upholds Mandatory COVID-19 Testing in the Workplace for Retirement Home Workers
January 21, 2021
Facts In June 2020, Caressant Care Nursing & Retirement Homes (the “Employer”) advised its staff that it would begin conducting bi-weekly COVID-19 testing and would begin to require proof of testing before an employee could return to work. When several staff members complained, the Employer advised its employees that if they chose not to comply
Practice Area
Labour Law
OSFI Releases Discussion Paper and Seeks Industry Feedback on Climate-Related Risks
January 19, 2021
On January 11, 2021, the Office of the Superintendent of Financial Institutions Canada (“OSFI“) released a discussion paper Navigating Uncertainty in Climate Change: Promoting Preparedness and Resilience to Climate-Related Risks, to engage federally regulated financial institutions (“FRFIs“), federally regulated pension plans (“FRPPs“) and other interested stakeholders in a dialogue on the risks resulting from climate
Practice Area
Pension and Benefits
Further amendments to the Stage 1 Rules affecting the construction industry
January 18, 2021
As we continue to monitor the evolving COVID-19 situation as well as the Government’s response and the current emergency declaration, we want to advise that there have been further changes to O. Reg. 82/20: RULES FOR AREAS IN STAGE 1 to the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. O. Reg. 82/20: RULES
Practice Area
Labour Law
The Ontario Government issues a second COVID-19 emergency declaration and a stay-at-home order
January 18, 2021
On January 12, 2021, the Ontario Government issued a second state of emergency declaration under s. 7.0.1(1) of the Emergency Management and Civil Protection Act (the “EMCPA“) in response to the ongoing COVID-19 pandemic. Under the EMCPA the emergency declaration will automatically terminate after 14 days unless it is extended (or terminated early). As part
Practice Area
Labour Law
Your Privacy, Your Voice: The Government of Canada holds Online Consultations
January 18, 2021
Although Canadian laws have been slow to evolve, individual privacy rights have been an issue of importance and concern for many Canadian throughout history and into the present day. With an ever growing global economy in the digital age the transfer of personal information has undoubtedly become a form of currency with which we knowingly or
Expertise
Privacy and Compliance
Toronto Employers – Additional COVID-19 Protocols and Protections Introduced
January 11, 2021
Over the past months we have all seen just how quickly the rules and regulations in response to COVID-19 have and can change in the interest of protecting public health and safety. On January 4, 2021, with immediate effect, Toronto’s Medical Officer of Health instituted additional operational guidelines for employers. The new operational requirements are
Expertise
Employment Law
Mireille Giroux and Katherine Ferreira to Teach at Osgoode Hall Law School
December 23, 2020
Mireille Giroux and Katherine Ferreira will be teaching the Collective Bargaining Law Course at Osgoode Hall Law School, for the 2021 winter term.
Practice Area
Labour Law
Update – COVID-19 and Employment in Ontario: What you need to know for January 2021
December 18, 2020
Update: On the evening of December 17th the Ontario Government announced the extension of Infectious Disease Emergency leave to July 3, 2021. To view the press release, please click here. While the COVID-19 Period is slated to end January 2, 2021, employers will still need to be compliant with all orders of public health and
Expertise
Employment Law
Arleen Huggins Receives 2020 Law Society Medal
December 8, 2020
On December 8, 2020, Arleen Huggins received the Law Society Medal. In presenting the award via a virtual ceremony, Teresa Donnelly, the Treasurer of the Law Society of Ontario, mentioned Arleen’s tireless efforts over the course of her career to benefit the profession as a whole. Through her work with the Canadian Bar Association, the
Lesa MacDonald has assumed the role of Counsel in the Pensions and Benefits Department
December 1, 2020
We are pleased to announce that, effective December 1, 2020, Lesa MacDonald has assumed the role of Counsel in the Pensions and Benefits Department of Koskie Minsky LLP. In her new role, Lesa will be taking on additional senior-level client relationship management responsibilities. She will continue her legal advisory work for clients of the Pension and
Practice Area
Pension and Benefits, Labour Law
Cross-Border Privacy Issues: Doing Business in the United States
November 30, 2020
Whether a Canadian business has operations in the United States, uses a third party from the United States or even stores its information on a cloud server in the United States, it is almost impossible to do business in Canada without a cross-border aspect. Regardless of the level of interaction with our neighbours to the
Expertise
Privacy and Compliance
DEPARTMENT OF FINANCE RELEASES NEW DRAFT LEGISLATIVE PROPOSALS FOR CONVERSION OF HEALTH AND WELFARE TRUSTS TO EMPLOYEE LIFE AND HEALTH TRUSTS
November 30, 2020
On Friday, November 27, 2020 the Department of Finance released its long awaited legislative proposals to amend the Income Tax Act provisions governing Employee Life and Health Trusts (“ELHTs”). For the most part, these new draft proposals include some welcome changes and should facilitate the transition to an ELHT. It should be noted that the
Practice Area
Pension and Benefits
The HRTO Reminds us that Steps to Enforce Terms of Settlement Require Timely Action
November 24, 2020
Schweizer v. The Corporation of the Town of Whitchurch-Stouffville (“Schweizer v. Whitchurch-Stouffville”), provides procedural reminders with respect to the enforcement of settlements entered into in matters before the Human Rights Tribunal (“HRTO”) of Ontario. The applicant, a former employee of the respondent, alleged discrimination with respect to her employment. The parties entered into Minutes of
Expertise
Employment Law
Arleen to Speak at the 2020 WTS Toronto Area Chapter Virtual Conference
November 19, 2020
Arleen Huggins will be speaking at the 2020 WTS Toronto Area Chapter Virtual Conference on December 3, 2020. Arleen will be discussing Bias in the Workplace. The conference program includes: Positive stories about women making a difference in the transportation industry Gender impacts, planning and decision making The next big thing: identifying where women should
Workplace Safety and Insurance Appeal Tribunal Bars Constructive Dismissal Action
November 18, 2020
Facts The complaining Employee was employed as a housekeeper at a hotel in Niagara Falls, Ontario where she was allegedly harassed and taunted by her colleagues and supervisor for having an unpleasant odour and for other matters related to a diagnosed medical condition. While still working at the hotel, the Employee filed a human rights
Expertise
Employment Law
Workplace Safety and Insurance Appeal Tribunal Bars Constructive Dismissal Action
November 18, 2020
Facts The complaining Employee was employed as a housekeeper at a hotel in Niagara Falls, Ontario where she was allegedly harassed and taunted by her colleagues and supervisor for having an unpleasant odour and for other matters related to a diagnosed medical condition. While still working at the hotel, the Employee filed a human rights
Practice Area
Labour Law
Employee or contractor? Mischaracterizations can be costly
November 3, 2020
“Increased awareness of labour law could lead to more litigation regarding employment contracts for financial advisors”. Please click here to view the full article by Fiona Collie
Racial Discrimination Complaints and EDI Policies and Training
October 28, 2020
In June 2020, the Ontario Human Rights Tribunal ruled in favour of an applicant who was the victim of a racial slur during the course of being served at a local pizza franchise. The applicant had just ordered lunch with his friends from high school when one member of the group accidentally cracked a window
Expertise
Employment Law
Fraser v. Canada (Attorney General): Supreme Court of Canada rules that RCMP pension plan discriminates against women, breaches section 15 of the Charter
October 23, 2020
On October 16, 2020, the Supreme Court of Canada (the “Court”) ruled that the Royal Canadian Mounted Police (“RCMP”) pension plan breaches section 15 of the Canadian Charter of Rights and Freedoms (“Charter”) on the ground of sex and perpetuates discrimination against women by precluding members who participate in job-sharing arrangements from purchasing full-time pension
Practice Area
Labour Law
Fraser v. Canada (Attorney General): Supreme Court of Canada rules that RCMP pension plan discriminates against women, breaches section 15 of the Charter
October 23, 2020
On October 16, 2020, the Supreme Court of Canada (the “Court”) ruled that the Royal Canadian Mounted Police (“RCMP”) pension plan breaches section 15 of the Canadian Charter of Rights and Freedoms (“Charter”) on the ground of sex and perpetuates discrimination against women by precluding members who participate in job-sharing arrangements from purchasing full-time pension
Practice Area
Pension and Benefits