News & Events

We are delighted to announce that Celeste Poltak has been named as the recipient of the 2024 Ontario Bar Association’s Award for Excellence in Class Actions. This prestigious honour is awarded annually to recognize an outstanding member of the OBA for exceptional achievements and distinguished service in the field of class action law. Recipients demonstrate

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.

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

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

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,

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

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

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

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

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

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

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 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 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.

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

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

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

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

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

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

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.

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

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

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

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, 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. 

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

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

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

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

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

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 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.

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

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.

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

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 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.”

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

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

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

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

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,

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

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

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 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

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

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

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

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 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

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

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

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

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.

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,

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

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.

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

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

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 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

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

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

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

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 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 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.

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,

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

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

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

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

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

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 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

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

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. 

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

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

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’

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

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

  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

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

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

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

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 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 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.

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

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

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

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

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 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 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 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.

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

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 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.

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

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.

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

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

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

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

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 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 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

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,

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 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.

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

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

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

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 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.

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

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

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

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”

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

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

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

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,

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

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, 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 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 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!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

*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

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.

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

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

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

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

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

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

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

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

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 was quoted in the Toronto Sun article, “Workers regard pension protection campaign promise as long overdue.” To read the article, please click here.

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

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

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

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

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

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

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

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

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.

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

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_

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,

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

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.

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 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.

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

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

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

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

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

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

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

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

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

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

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.

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

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

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 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.

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.

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

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

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

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

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

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

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

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

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

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

Mireille Giroux and Katherine Ferreira will be teaching the Collective Bargaining Law Course at Osgoode Hall Law School, for the 2021 winter term.

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

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

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

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

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

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

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

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

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

“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  

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

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

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

Hot Topics in Employment Law Koskie Minsky’s employment lawyers will illuminate the most recent and important issues in the areas of: Human Resources Checkup Employment Law Termination Clauses Workplace Investigations Protocol Employer and Employee Obligations Union Role Aftermath of Covid-19 Pandemic The program is eligible for CPD 2.3 hours October 26, 2020 Virtual Seminar only

Philip Graham will be speaking at IFEBP’s Conference on October 16, 2020. Philip will be participating in a panel discussion on “COVID-19 and Return to Work: Legal Implications for Employers”. For more information about the conference, please click here.

The changes to the Construction Act that came into effect in 2018 and 2019 should be familiar to most in the industry by now. By way of reminder, Prompt Payment and Adjudication came into force on October 1, 2019. In essence, new payment timelines and obligations were instituted to address the chronic payment delays that plagued

We are pleased to announce that Arleen Huggins, one of our Litigation Partners, has been selected by the Law Society of Ontario as a recipient of a 2020 Law Society Medal. Arleen is being recognized by the Law Society as a leader in the legal profession who has been instrumental in advocating for inclusiveness for racialized

Philip Graham will be speaking at Lancaster House’s National Human Rights and Accommodation Conference on October 7, 2020.  Philip will be participating in a panel discussion on “Crunched by the Numbers: Artificial intelligence, algorithmic discrimination, and other emerging issues in workplace privacy law”. For more information about the conference, please click here.

It has been a tumultuous year in the land of employment law in Canada.  What had become viewed as rock solid termination provisions began to get thrown out at the end of 2019 in the Court of Appeal decision in Andros v. Colliers Macaulay Nicolls Inc.  and 2020 has seen several other decisions, including Waksdale

On March 17, 2020, the Government of Ontario declared a provincial state of emergency in response to the COVID-19 pandemic. Subsequent workplace closures and public health recommendations instantly moved a significant number of businesses online, including health care providers and organizations that use and disclose personal health information. The Government of Ontario reacted to this

In our June 3, 2020 Blog titled O. Reg. 228/20- Ontario Government Effort to Avoid Deemed Terminations and the Onslaught of Constructive Dismissal Claims Under the ESA, we provided you with details of a critical amendment to the Employment Standards Act, 2000(“ESA“),  which prevented temporary layoffs due to COVID-19 from automatically becoming a permanent job

We are pleased to announce that Philip is now a Certified Information Privacy Professional (CIPP/C). Philip provides comprehensive advice to individuals and corporations with respect to the application of Canadian privacy laws, principles and practices at the federal, provincial and territorial levels. Congratulations Philip!

We are pleased to announce that 15 of the Firm’s lawyers were chosen by their fellow professionals to be listed in the 15th Edition of The Best Lawyers in Canada. Below is a complete list of KM lawyers, by practice area, recognized in the 15th Edition of The Best Lawyers in Canada: Jeffrey Armel –

Nancy Shapiro chairs the OBA Labour & Employment Law Webinar: Litigating An Employment File – The Essential Course, on October 14, 2020.  Arleen Huggins will be speaking on “Providing the Initial Opinion”. For more information about the Program, please click here.

Nancy Shapiro will be speaking at the 2020 HR Law Conference: Constructive Dismissal, on October 29, 2020. The online conference will explore: Best Practices for Hiring Return to Work – How to Do It Right Direct/Indirect Discrimination Constructive Dismissal Termination Post Pandemic Speaker’s Corner For more information about the conference, please click here.

In response to the recent 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. Upon consulting with Ministry of Education and Anti-Racism Directorate (ARD), HWDSB selected Arleen Huggins as the independent third-party who will lead this

Waksdale v. Swegon North America Inc.: Unenforceable “For Cause” Termination Provisions Render “Without Cause” Termination Provisions Null and Void Over the past few years, the Ontario Court of Appeal has released a number of decisions considering the enforceability of termination provisions. For the most part, the recent jurisprudence has focused on the necessary wording and

With various Canadian provinces and territories declaring states of emergency as a result of the outbreak of COVID-19, many workplaces have directed their employees to work from home. While we live in an era where most businesses are prepared and equipped for their employees to work remotely, there remain a number of challenges in ensuring

Nancy Shapiro spoke at the FICPI Webinar: “How will the world look after lockdown?”, on May 20, 2020. The topics for discussion were as follows: Hidden HR and health risks of remote work Dealing with an employee’s Covid-19 diagnosis Establishing return to work protocols for staff and visitors Creating safe working environments for your employees To

The inequality of bargaining power in the employment relationship has now been a long recognized fact by Canadian Courts.  Now, whether or not the Uber drivers forming the ‘class’ pursuing action against Uber are employees or not has yet to be determined. The action seeks to declare them employees and seeks damages for infringement of

We are pleased to announce that James Harnum and Daniel Resnick have been elected to serve on the following OBA Law Section executives: James Harnum: Pension and Benefits Law Daniel Resnick: Construction and Infrastructure Law

On April 28, 2020, the Minister of Education appointed Arleen Huggins to conduct an investigation of the Peel District School Board (PDSB) to examine the PDSB’s compliance with the Minister’s 27 binding Directions issued on March 13, 2020, aimed at dismantling structures within the PDSB that perpetuate racism, and in particular, anti-Black racism, and on reforming

In the recent decision of Graham v. Enterprise Rent A Car Canada Company representing Enterprise, Alamo, and National Car Rental, the applicant alleged that the respondents discriminated against her on the basis of her race, colour, place of origin, and disability in the area of goods, services and facilities contrary to the “Code”. The applicant

The CRA has issued a Technical Interpretation, acknowledging that Private Health Services Plans (“PHSPs”) members may have been unable to use their allocated Health Care Spending Account (“HCSA”) credits during the COVID-19 pandemic due to the restriction on services available. The CRA advises that in light of the extraordinary circumstances of the crisis, it has

On Friday May 29, 2020, by O. Reg 228/20, Infectious Disease Emergency Leave (“Regulation”), the Ontario provincial government enacted an important new regulation under the Employment Standards Act, 2000 (“ESA”), which materially amends the ESA for the period applying retroactively from March 1, 2020 until 6 weeks after the state of emergency is extinguished (the

On May 22, 2020, FSRA released Guidance on its approach to reviewing applications for commuted value transfers and annuity purchases under sections 19(4) and 19(5) of the Pension Benefits Act’s Regulation 909. The newly released Guidance addresses what restrictions apply to a Plan Administrator when a defined benefit pension plan’s transfer ratio has declined by

Effective June 8, 2020, all in-person hearings scheduled before the Workplace Safety and Insurance Appeals Tribunal (WSIAT) will be converted to teleconference hearings unless the Scheduling Administration Manager is satisfied that another alternative hearing method is appropriate. If a party objects to proceeding by teleconference, their objection will be addressed by the Vice-Chair or Panel

Effective June 8, 2020, all in-person hearings scheduled before the Workplace Safety and Insurance Appeals Tribunal (WSIAT) will be converted to teleconference hearings unless the Scheduling Administration Manager is satisfied that another alternative hearing method is appropriate. If a party objects to proceeding by teleconference, their objection will be addressed by the Vice-Chair or Panel

The Government of Canada has apparently decided that it will not permit Supplemental Unemployment Benefit (“SUB”) plans to make Canada Emergency Response Benefit (“CERB”) top-up payments to members. Although the government has not formally announced this apparent decision, it has published the following on the ‘Questions and Answers on the Canada Emergency Response Benefit’ page. Q:

Union locals, pension funds, and employee benefit funds may be eligible for the Temporary Wage Subsidy and the Canada Emergency Wage Subsidy in their capacity as employers. Employers will generally be eligible for the Temporary Wage Subsidy (TWS) if they have one or more employees and had a business number for the purpose of making

Union locals, pension funds, and employee benefit funds may be eligible for the Temporary Wage Subsidy and the Canada Emergency Wage Subsidy in their capacity as employers. Employers will generally be eligible for the Temporary Wage Subsidy (TWS) if they have one or more employees and had a business number for the purpose of making

Koskie Minsky LLP is pleased to announce that 14 of the Firm’s lawyers were chosen by their fellow professionals to be listed in the 2020 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

Philip Graham and Lauren Tarasuk were interviewed by Canadian Lawyer Magazine: Growing sophistication of technology in workplaces creating labour and employment issues.  To view the article, please click here.  

Ontario’s pension regulator, the Financial Services Regulatory Authority (“FSRA”), has released new guidance for pension plan administrators, sponsors, members, retirees, and other stakeholders navigating the ongoing COVID-19 crisis. This statement, effective April 24, 2020, follows two earlier releases from FISRA regarding the impact of COVID-19. You can read more about these prior statements in our

Recent decisions from Ontario labour tribunals show that hearings can, in some cases, proceed during the COVID-19 pandemic. The pandemic has prevented public gatherings from taking place, preventing parties to disputes from appearing in person before a decision maker in order to have their matters resolved. However, a few recent decisions indicate that arbitrators and

This post provides a round-up of recent measures taken by Canada’s federal and provincial pension regulators in response to COVID-19. Federal The Office of the Superintendent of Financial Institutions has released an updated Q&A in respect of its decision to temporarily prohibit portability transfers and buy-out annuity purchases in order to protect pension fund solvency.

Ontario’s Financial Services Regulatory Authority (FSRA) has posted information with respect to withdrawing from locked-in accounts as a result of financial hardship. Although the criteria have not changed under Ontario’s Pension Benefits Act (PBA), the information has recently been posted to remind those finding themselves in financial hardship amid the Covid-19 pandemic of the options

As part of its response to the COVID-19 pandemic, the Workplace Safety and Insurance Board (“WSIB”) has announced a relief package allowing employers to defer premium reporting and payments until August 31, 2020. The WSIB has also announced that the costs for COVID-19 claims will be allocated on a Schedule-wide basis, and will not result

As part of its response to the COVID-19 pandemic, the Workplace Safety and Insurance Board (“WSIB”) has announced a relief package allowing employers to defer premium reporting and payments until August 31, 2020. The WSIB has also announced that the costs for COVID-19 claims will be allocated on a Schedule-wide basis, and will not result

On March 17, 2020, the Ontario government declared a state of emergency in response to the COVD-19 pandemic.  Since then, a number of provincial and federal measures have been put in place to assist employers and employees, and also to keep Ontarians safe, during these challenging and unprecedented times. Our collective new reality and employment

On April 7 we posted an article discussing issues created in the construction industry as a result of the Emergency Management and Civil Protection Act (the “Suspension Order”) issued on March 20th.  There has been a great deal of debate among construction lawyers and in the construction industry as to the exact impact of the

On March 17, 2020, the Government of Ontario declared a state of emergency as a result of the COVID-19 global pandemic. Just the day before, the Ontario courts took the unprecedented step of suspending all non-urgent hearings and court-related matters until further notice. On March 20, 2020, the Lieutenant Governor in Council made an Order

In the face of the COVID-19 pandemic, few construction projects are immune to shortages of manpower and materials, or the threat of governmental stop work orders. Importantly, there are two legal concepts designed precisely for this type of unforeseeable, destabilizing event: the “force majeure” clause, and the doctrine of frustration. Force Majeure Clauses A “force

A great deal has changed in the past 30 days. COVID-19 has resulted in businesses being required to take economic measures which only weeks before would have never been contemplated: layoffs, salary cuts, even full closures by order of provincial governments. How long will this go on? What will it do to our economy? The

Pension regulators across Canada have released numerous relief measures in response to the COVID-19 pandemic. Two recent Koskie Minsky blog posts on March 26 and March 30 summarize the action taken at the Federal level and in Ontario. Here we provide a summary of the measures which have been taken by other provincial regulators across

Both the Workplace Safety and Insurance Board (WSIB) and the Workplace Safety and Insurance Appeals Tribunal (WSIAT) have modified their services in response to the COVID-19 crisis. WSIB The WSIB’s offices are closed and they are not accepting any mail or deliveries. Their phone lines are open Monday to Friday 7:30 a.m. to 5:00 p.m.,

Both the Workplace Safety and Insurance Board (WSIB) and the Workplace Safety and Insurance Appeals Tribunal (WSIAT) have modified their services in response to the COVID-19 crisis. WSIB The WSIB’s offices are closed and they are not accepting any mail or deliveries. Their phone lines are open Monday to Friday 7:30 a.m. to 5:00 p.m.,

On March 23, 2020 the Workplace Safety and Insurance Board (WSIB) issued a policy document outlining their approach to claims for occupational exposure to COVID-19. The policy states that, like other WSIB claims, the WSIB will adjudicate COVID-19 claims on a case-by-case basis “based on the merits and justice of the case, taking into account

On March 23, 2020 the Workplace Safety and Insurance Board (WSIB) issued a policy document outlining their approach to claims for occupational exposure to COVID-19. The policy states that, like other WSIB claims, the WSIB will adjudicate COVID-19 claims on a case-by-case basis “based on the merits and justice of the case, taking into account

We are pleased to announce that Koskie Minsky and co-counsel have been named finalists in the Class Action Team of the Year category at the 2020 Canadian Law Awards presented by Lexpert.  The team was selected for its exceptional work and outstanding results, including a $900 million award to the plaintiffs, in connection with a

The Office of the Superintendent of Financial Institutions (OSFI) has issued a letter concerning COVID-19 to the federally-registered pension plans that it regulates. The letter summarizes actions that OSFI is taking to address issues stemming from COVID-19, and announces a regulatory freeze on portability transfers and annuity purchases, as well as the extension of certain

Ontario’s pension regulator, the Financial Services Regulatory Authority (“FSRA”), has released a statement on how the COVID-19 situation has impacted its operations. The statement also includes responses to some questions which may be arising for pension plan administrators, members, retirees and other stakeholders across Ontario during these uncertain times. FSRA’s statement can be accessed at

This document is intended to provide general information during the COVID-19 pandemic and should not be construed as legal advice. The impact of the COVID-19 pandemic on unions and workers —both in terms of the public health crisis itself and the regulatory response to it—is changing rapidly and we will provide updated information as it

Please be advised that our physical offices will be closed indefinitely, due to the COVID-19 state of emergency.  However, the lawyers and staff of Koskie Minsky LLP are fully equipped to work remotely and are committed to providing excellent and timely services to our clients through virtual means during this challenging period.  We will also

Privacy in the workplace has long been of interest to trade unions. Grievances and complaints have been advanced in response to various employer practices and policies that infringe on private information including the use of digital surveillance, drug and alcohol testing and the use of biometric data in the workplace. Of growing concern to unions

Nancy Shapiro will be co-chairing the OBA Labour & Employment Law Program: 18th Annual Current Issues in Employment Law: Supreme Court Update Edition on May 6, 2020 at the OBA Conference Centre in Toronto. To view the full program agenda, please click here.

In Yenovkian v Gulian (“Gulian’), the court recognized for the first time in Ontario, the privacy tort of publicly placing a person in false light. The civil claim was brought as a cross-claim in an action that proceeded together with a family law trial. The defendant mother sought damages against her ex-husband of $150,000.00 for

In Yenovkian v Gulian (“Gulian’), the court recognized for the first time in Ontario, the privacy tort of publicly placing a person in false light. The civil claim was brought as a cross-claim in an action that proceeded together with a family law trial. The defendant mother sought damages against her ex-husband of $150,000.00 for

In a highly anticipated decision, Canadian Union of Postal Workers v. Foodora Inc., the Ontario Labour Relations Board has ruled that Foodora couriers are dependent contractors and therefore have a right to seek certification. On July 31st, 2019, the Canadian Union of Postal Workers (“CUPW”) filed an Application for Certification on behalf of couriers in

Here’s the take away up front: have your employment contracts reviewed at least annually.  Over the last few years, in particular, the Ontario Court of Appeal has been weighing in on termination clauses in employment contracts. Andros v Colliers Macaulay Nicolls Inc. is another example of the Court reviewing an issue with respect to the

At Koskie Minsky LLP we recognize the increasing demands being placed on our clients in an ever growing digital age.  Over the years we have advised clients with respect to issues of privacy and data collection, but as this area becomes ever so more complex we have taken steps to formalize our efforts in order

James Sayce will be speaking at the Advocates’ Society “Motion Advocacy” Program on Tuesday March 3, 2020. The Program will take place at the Advocates’ Society Education Centre, 2700-250 Yonge Street in Toronto. Topics Include: What is effective advocacy in Motions Court? Strategies for bringing different types of motions Best practices for preparing motion materials

At Koskie Minsky LLP we recognize the increasing demands being placed on our clients in an ever growing digital age.  Over the years we have advised clients with respect to issues of privacy and data collection, but as this area becomes ever so more complex we have taken steps to formalize our efforts in order

  Learn more below and subscribe to the NEW Privacy and Compliance Blog here!   Civil Litigation As privacy concerns and data protection increasingly become key concerns of corporations, employers/employees and individuals, Koskie Minsky LLP’s lawyers have experience to advise you on compliance matters involving the application of privacy and data protection legislation to you,

On November 8, 2019, the Ontario legislature passed Bill 124. Bill 124 is aimed at the broader public sector, including: hospitals, crown agencies, school boards, universities, colleges, long term care homes, ornge, children’s aid societies, and other boards, corporations, offices or organizations that do not carry on activities for the purpose of gain or profit

In a decision released at the end of 2019, the Ontario Court of Appeal affirmed that the two year limitation period for wrongful dismissal claims arising out of the Limitations Act is not subject to a sliding scale based on when the employee learns that the action may succeed but rather, when the cause of

Murray Gold will be speaking at the Osgoode Hall Law School Professional Development Program, “Managing the Legal Responsibilities & Risks of Climate Change”. He will be speaking about “Minimizing Investment Risk: What Legal Advisors, Executives, Shareholders and Investors Need to Know (…and should be doing)” on February 3, 2020. For more information about the Program,

Murray Gold will be speaking at the Ontario Bar Association’s Pensions and Benefits Law Program, Pensions and Benefits Law: What to Expect in 2020. Murray will be speaking about the “Conversion of Pension Plans to a Joint Governance Model” on February 5, 2020. For more information about the Program, please click here.

Bill 132 – entitled An Act to reduce burdens on people and business by enacting, amending and repealing various Acts and revoking various Regulations (“Bill 132”) – was tabled in the Ontario Legislature on October 28, 2019, proceeded to second reading on October 31, 2019, and received Royal Assent on December 10, 2019.  It includes

On October 23rd, 2019, the Ontario government announced new changes that will be made to Rule 76 (Simplified Procedure) under the Rules of Civil Procedure as well as changes to the monetary value of claims that can be brought in Small Claims Court. The purpose of these changes is to expedite court proceedings and to

Michael Mazzuca will be speaking at Lancaster House’s 2019 Toronto Pensions Conference on November 28. The Conference will take place at the Sheraton Hotel in Toronto. Michael will be participating in a panel discussion on “Gold-Standard Governance: Making the grade in an era of changing expectations”.

The Employment Standards Act, 2000: Now What does it Say? Koskie Minsky’s employment lawyers will illuminate the most recent and important issues in the areas of: Overtime Vacation and statutory holidays Termination and severance calculations & exemptions to termination and severance pay leaves Reinstatements from leaves & reprisals This program [PROGRAM ID 207182] has been

Arleen Huggins will be speaking at the OBA’s Business Law Program, Commercial Agreements Bootcamp: Building Essential Negotiating and Drafting Skills on November 20, 2019. The Program will take place at the OBA Conference Centre in Toronto. Arleen will speak about “Non-Competition and Non-Solicitation Agreements”.

Tera Armel and Megan Wong of jack.org were warmly welcomed at Koskie Minsky’s offices on August 29, when they presented lawyers and staff with an inspirational session (Jack Talk) on the organization’s important work with young adults across Canada and the ways in which our support has helped to expand their programming. Jack.org is a grass roots organization working

Arleen Huggins will be speaking at the The Advocates’ Society “Equality, Diversity and Inclusion for Litigators” Program on October 3, 2019. The Program will take place at The Advocates’ Society in Toronto. Arleen will be on a panel about “Knowing your Witness: Working with Diverse Backgrounds and Skillsets”. For more information about the Program, please

Arleen Huggins will be speaking at the OBA’s Labour and Employment Law Program (Ontario Chapter): “Ending the Employment Relationship” on October 29, 2019. The Program will take place at the OBA Conference Centre in Toronto. Arleen will be speaking on the topic of “When You Don’t Mean to: Constructive Dismissal.” For more information about the

As Labour Day approaches, it is important and timely to remember the many positive contributions of trade unions and their members. Like many of our other trade union clients, LIUNA Local 506 has a longstanding program of awarding scholarships and bursaries to the children of its members in order that they can continue their education.

In a recent decision of the Ontario Court of Appeal[1], the Court confirmed that 37 years of service in a senior management role does not constitute “exceptional circumstances” to justify a notice period over 24 months. Michael Dawe (“Dawe”) was employed with the Defendant, The Equitable Life Insurance Company of Canada (“Equitable Life”) for 37

Koskie Minsky LLP is pleased to announce that 10 of the Firm’s lawyers were chosen by their fellow professionals to be listed in the 14th Edition of The Best Lawyers in Canada. Below is a complete list of KM lawyers, by practice area, recognized in the 14th Edition of The Best Lawyers in Canada: Jeffrey

  It is with great sadness that we announce the unexpected passing of Rochelle Koskie, the wife of Ray Koskie, one of the founders of Koskie Minsky LLP. Rochelle was instrumental in the tremendous success of Ray’s legal career and tireless in her efforts to promote our firm and support all of its members. Most recently,

Arleen Huggins will be speaking at the Law Society of Ontario’s “Workplace Investigations: A Comprehensive Look at Emerging Issues and Practical Solutions” Program on September 23, 2019. The Program will take place at the Donald Lamont Learning Centre, 130 Queen Street West, Toronto. Arleen will speak on the topic of “Role of Investigators and Role

Padraigin Murphy has joined the Board of Directors of the Industrial Accident Victims’ Group of Ontario (IAVGO). IAVGO is a specialty legal clinic established in 1975, that provides free services to injured workers in Ontario including legal advice, legal representation, public legal education, advocacy training, and community development.

The Ontario Court of Appeal has upheld the award of the trial judge finding an employer liable to pay $100,000 in punitive damages and a further $25,000 in aggravated damages, in addition to 19 months’ damages for wrongful dismissal. The employer alleged cause for the employee’s termination and in response to the employee’s claim for

Michael will be an Instructor at the International Foundation’s Master of Trust Management Standards (MTMS) Program. The MTMS Program will be offered at the Halifax Marriott Harbourfront Hotel on July 26-27, 2019 and in San Francisco at the Hilton San Francisco Union Square on November 23-24, 2019. More information about the MTMS program can be

Last week, the Department of Finance released a set of draft legislative proposals clarifying the requirements for converting Health and Welfare Trusts (HWTs) to Employee Life and Health Trusts (ELHTs) and revising certain rules resecting ELHTs. The proposed changes are generally welcome and address many of the concerns raised by stakeholders. The proposed process for

Nancy Shapiro will be speaking at the CBA Labour and Employment Law Section Webinar: Drafting Effective Employment Agreements, on June 4, 2019. This webinar will examine: Choosing the right form of agreement The hiring process and the need for “consideration” Complying with legislative requirements The “perfect” termination clause and restrictive covenant Pitfalls to avoid For

Koskie Minsky LLP is pleased to announce that 12 of the Firm’s lawyers were chosen by their fellow professionals to be listed in the 2019 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

The employee had worked for his employer for 14 years in a manual position in the mailroom. The benefit plan, including long term disability (“LTD”), was self-funded by the employer but administered, adjudicated and paid by Sun Life Assurance Company (“Sun Life”).  The employee received 2 years of short term disability but his request for

Andrew will be speaking at the 2019 TMA Symposium, Riding the Headwinds – Restructuring and Insolvency in 2019 and Beyond, on April 16, 2019.  Andrew will be part of a panel on the Hot Topics Debate. The Symposium will take place at the First Canadian Place in Toronto. For more information about the Symposium, please

On March 19, 2019, Finance Minister Bill Morneau tabled the federal government’s 2019 budget.  The budget contained a number of surprises, both in terms of what it included and what it omitted.  Perhaps most significantly for the pension and employee benefits industry, while the government reaffirmed its commitment to introduce tax measures to facilitate the

If an employer terminates an employee for cause, an employer has no obligation to provide an employee with notice of termination. It is important to remember that establishing cause to terminate an employment relationship is not easy. The existence of cause will depend on the particular facts of each case. A lawyer from Koskie Minsky

James Harnum will be speaking at an OBA Professional Seminar: “Dayco Twenty-Five Years On and Its Impact On Retiree Benefits” on March 26. To view the Program’s agenda, please click here.

Craig Flood is once again co-chairing the Law Society of Ontario’s Six Minute Labour Lawyer Presentation on June 20, 2019. Ernie Schirru will be one of the presenters and will be speaking on Bill 66, the recent labour legislation introduced by the Ontario Government. For more information about the Program, please click here.

Craig Flood will be speaking at the OBA Young Lawyers Session on Labour Law Essentials on March 27, 2019. To view the Program agenda, please click here.

Jonathan Ptak was interviewed on the W5 feature called “Locked Up” on March 9, 2018 about the Ontario Training Schools class action.  To view this video and to read the article, entitled ‘It felt like a prison for kids’: W5 investigates allegations of abuse at Ontario Training Schools please click here. For more information about the

Koskie Minsky LLP congratulates our colleague, Charles Gordon, Q.C., on his recent appointment as Queen’s Counsel in British Columbia. Charles is a senior Partner at Koskie Glavin Godon, Vancouver, practising in the areas of labour, human rights, and administrative law. To learn more about Charles please click here.

Nancy Shapiro will be speaking at the OBA Labour and Employment Law Program, being held on May 9, 2019 9am to 4:30pm at Twenty Toronto Street Conferences and Events (OBA Conference Centre). Six and a half full professionalism hours just in the nick of time and a great program line up. Nancy will discuss “Privacy

Koskie Minsky LLP congratulates the Black Law Student’s Association of Canada on its 28th Annual National Conference and is pleased to once again be the 12th annual Julius Alexander Isaac Diversity Moot Premier Sponsor. We look forward to working with BLSA Canada this year and in the future.

In the Ontario Court of Appeal’s first decision of the year, Heller v Uber, 2019 ONCA 1, the court held that an arbitration clause in the terms that individual drivers are required to “accept” to become drivers for Uber breached the prohibition on contracting out of the Employment Standards Act (ESA), and was otherwise unconscionable

In the Ontario Court of Appeal’s first decision of the year, Heller v Uber, 2019 ONCA 1, the court held that an arbitration clause in the terms that individual drivers are required to “accept” to become drivers for Uber breached the prohibition on contracting out of the Employment Standards Act (ESA), and was otherwise unconscionable

What will an Ontario Court do when faced with a California based employee who is seeking to enforce rights pursuant to a contract against his American employer, for termination of his employment?  If his employment contract provides that the contract would be governed by, and construed in accordance with the laws of the Province of

On December 20, 2018, the Ontario Progressive-Conservative government passed Bill 67 at third reading, a piece of special legislation preventing a strike by Ontario Power Generation (OPG) workers across the province. The legislation received Royal Assent the same day and is now in force. The Power Workers’ Union (PWU) represents approximately 6,000 workers employed by

Koskie Minsky LLP commenced a class proceeding on behalf of the representative plaintiff, David Weremy against the Province on Manitoba in respect to the Manitoba Development Centre (“MDC”). “The boys were eating out of the garbage can, out of the toilet bowls”.  To view this report published by CBC News Manitoba please visit: https://www.cbc.ca/player/play/1402396227728/ For

David Rosenfeld was quoted in the December 19, 2018 CBC News article “People simply, at no point in time, at any point in the years past, should ever be living in these circumstances. Period,”.  To read the article, please click here.

Andrew Hatnay will be speaking at the 16th Annual Review of Insolvency Law Conference on February 1, 2019. The Conference will take place at The Queen Elizabeth Hotel, in Montreal. Andrew will be speaking on “UFCW v Rose of Sharon: Do Receivers have a Duty to Bargain?”. To review the Conference agenda, please click here.

Last week, the Ford Government tabled the Restoring Ontario’s Competitiveness Act, 2018, more commonly known as Bill 66. Debate on the Bill will not begin until February 19, 2019, but given the substantial PC majority in the House, it is likely that some version of the Bill will receive Royal Assent in the spring of

Last week, the Ford Government tabled the Restoring Ontario’s Competitiveness Act, 2018, more commonly known as Bill 66. Debate on the Bill will not begin until February 19, 2019, but given the substantial PC majority in the House, it is likely that some version of the Bill will receive Royal Assent in the spring of

In a recent decision, International Brotherhood of Electrical Workers, Local 636 v. Tyco Integrated Fire and Security Canada Inc, Arbitrator Laura Trachuk found that an employer discriminated against an employee by requiring him to go to a separate area within the workplace to self-administer medical care related to Type 1 diabetes.  Type 1 diabetes is

Summary and Overview On October 23, 2018, the Ontario government tabled Bill 47, Making Ontario Open for Business Act, for first reading in the legislature. On November 21, 2018, Bill 47 passed third reading, and received Royal Assent the same day. Bill 47 has made many important changes to various pieces of legislation governing employment

Summary and Overview On October 23, 2018, the Ontario government tabled Bill 47, Making Ontario Open for Business Act, for first reading in the legislature. On November 21, 2018, Bill 47 passed third reading, and received Royal Assent the same day. Bill 47 has made many important changes to various pieces of legislation governing employment

Amy Tang is speaking at the Fairmont Palliser Hotel Calgary, Alberta on November 22 2018: “Sears Pension: What Happened, How it Happened, and Key Takeaways”. For more information about this event, please click here.

Mireille Giroux is speaking at the University of Toronto Law School on November 13, 2018: “Life After Law School: Managing Your Career and Student Debt”. For more information about this event, please click here.

Mireille Giroux was quoted in the November 5, 2018 Law Times news article stating: “I don’t know if, even with financial aid, I would be able to attend the Faculty of Law now. I find it extremely regrettable. It just goes against many of the inclusiveness and recruitment initiatives I know the faculty does […]” To

Koskie Minsky initiated a class proceeding against the Attorney General of Canada on behalf of all individuals whose applications to the Thalidomide Survivors Contribution Program were rejected. “A legal challenge against the Canadian government by alleged thalidomide survivors can proceed as a class action, the Federal Court of Appeal ruled on Thursday”.  To read the

The application of commercial law concepts to pension and benefit plans often creates confusion for stakeholders in the pension and benefits industry. This article seeks to shed light on two basic but fundamental issues trustees and their advisors should keep in mind when acting for a pension or benefit fund and entering into legal relationships.

Summary and Overview On October 23, 2018, the Ontario government tabled Bill 47, Making Ontario Open for Business Act, for first reading in the legislature. Bill 47 makes many important changes to various pieces of legislation governing employment and labour relations in Ontario, principally the Employment Standards Act, 2000 (“ESA”) and the Labour Relations Act,

Summary and Overview On October 23, 2018, the Ontario government tabled Bill 47, Making Ontario Open for Business Act, for first reading in the legislature. Bill 47 makes many important changes to various pieces of legislation governing employment and labour relations in Ontario, principally the Employment Standards Act, 2000 (“ESA”) and the Labour Relations Act,

Privacy and Technology in the Workplace. Koskie Minsky’s employment lawyers will illuminate the most recent and important issues in the areas of: Employment and privacy legislation New regulations in the area of cyber security and data breach The privacy tort Computer use policies and monitoring Other employment privacy issues Marijuana – testing, safety and privacy

In 2015, the Labourers’ International Union Of North America, Ontario Provincial District Council filed an application for certification against Ramkey Communications Inc. (“Ramkey”), which employed construction employees that installed, maintained, and repaired portions of telecommunications networks. At the time the application was filed, almost all of Ramkey’s work was performed for Rogers. Telecommunications companies, like

On September 25, 2018, just days before his retirement, Senator Art Eggleton moved second reading of Bill S-253, An Act to amend the Bankruptcy and Insolvency Act and other Acts and Regulations (pension plans). Bill S-253 seeks to accomplish two things: To amend the Bankruptcy and Insolvency Act (“BIA”) and the Companies’ Creditors Arrangement Act

When we act as counsel to employers, we can be confronted with policies and practices which often have been in place for a long time and may turn out to not actually be in compliance with employment standards requirements. If we work together, we can attempt to find a route typically to become compliant and

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!

On June 30, 2018 the Ontario Human Rights Commission (the “OHRC”) released its Annual Report, entitled Impact today, investment for tomorrow. The report tracks the steps taken by the OHRC from April 1, 2017 to March 31, 2018, to fulfil the commitments made in their 2017-2022 Strategic Plan. The report focuses on four main areas

Koskie Minsky LLP is pleased to announce that 9 of the Firm’s lawyers were chosen by their fellow professionals to be listed in the 13th Edition of The Best Lawyers in Canada. Additionally, Michael Mazzuca has been named the Best Lawyers’ 2019 Employee Benefits Law “Lawyer of the Year” for Toronto. Below is a complete list of KM

The recent Ontario Human Rights Tribunal decision in Talos v. Grand Erie District School Board has shifted expectations on the ability of benefits plans to treat workers over 65 differently, on the basis that this is particular type of discrimination is excepted explicitly under the Ontario Human Rights Code (the “Code“). When Bill 211, “An

“. . . the majority has chosen the winners by turning the First Amendment into a sword, and using it against workaday economic and regulatory policy . . . The First Amendment was meant for better things. It was not meant to undermine but to protect democratic governance – including over the role of public-sector

As many readers are already aware, the new Personal Emergency Leave provisions in s. 50 of the Employment Standards Act, as well as the provisions in the Regulations that provide an exemption to construction employers allowing them to pay .8% of an employee’s hourly rate or wages (“Personal Emergency Pay”) in lieu of providing paid

Nancy Shapiro will be addressing the “O Cannabis! Weed in the Workplace” online seminar on July 17, 2018.  The seminar will focus on “the challenges which legalized marijuana will pose for both unionized and non-unionized environments.”

The Michaels v. Red Deer College decision of the Supreme Court of Canada from 1976 held that employees pursuing wrongful dismissal damages have a duty to mitigate their damages.  Mitigation earnings reduce the liability of the employer for damages during the notice period to the extent of those earnings.  But what if the terminated employee

In Law Society of British Columbia v Trinity Western University[1] and a companion appeal, Trinity Western University v Law Society of Upper Canada,[2] the majority of the Supreme Court of Canada affirmed the appropriate test for reviewing the decisions of administrative tribunals that engage rights found in the Canadian Charter of Rights and Freedoms. This

We are pleased to congratulate Celeste Poltak, a Partner in our Class Action Group, who has been named a winner of a 2018 Lexpert Zenith Award. This prestigious award recognizes Celeste’s Mid-Career Excellence in the Legal Profession; Practice Area of Class Actions. The awards will be presented at the Lexpert Zenith Awards Gala Event, scheduled

The Smoke-Free Ontario Act, 2017[1] (“SFO”) comes into force on July 1, 2018, repealing and replacing the Electronic Cigarettes Act, 2015[2] and the Smoke-Free Ontario Act[3] (collectively, the “Repealed Acts”). Most notably for employers, the SFO contains new posting requirements for signs and prohibitions regarding the use of medical cannabis. The SFO expands on the

Ontarians head to the polls on June 7th, and the results could mean big changes for labour and employment law. While the Liberals are promising to maintain the status quo, the Progressive Conservatives are taking aim at future increases to the minimum wage and the NDP hopes to make sweeping changes to both the labour

Murray Gold will be speaking at the Brazilian Association of Pension Funds’ International Seminar: “Framework, Governance and Sustainability of North American Pension Systems” on June 4, 2018.   The event will take place at the Hilton Toronto Hotel in Toronto. Murray will be presenting on “Target Benefit Plans in Canada – Recent Innovations”.  

On January 23, 2018, a senior British Columbia arbitrator, John Kinzie, released a significant decision concerning random drug and alcohol testing in unionized workplaces.  The decision, USW Locals 7884 and 9346 v. Teck Coal Ltd.[1] followed the ruling of the Supreme Court of Canada in Irving Pulp and Paper[2], and built upon on the arbitral

David Rosenfeld was quoted in the May 9, 2018 CBC News article “Federal court rulings could mean re-assessment of thousands of Qalipu Mi’kmaq applications.” To read the article, please click here. For more information about the class action and updates as they occur, please click here.

On January 1, 2018, a number of amendments to the Employment Standards Act, 2000 (“ESA”) came into effect under Bill 148. These amendments required substantial updates to employer practices, policies, and handbooks. One of the amendments was to the public holiday pay formula in Part X of the ESA.  However, the new rules and formula

On April 20, 2018, the Government of Ontario filed long anticipated amendments to the general regulations under the Pension Benefits Act, which significantly change the funding requirements for defined benefit pension plans.  The regulations are the product of a public consultation begun by the Ontario government, initially announced in the 2015 Ontario Economic Outlook and

Koskie Minsky LLP is pleased to congratulate Andrea Bowker on her acceptance of the position of Solicitor at the Ontario Labour Relations Board.  Andrea has been a valued member of the Firm’s Labour Law group since 2012 and will bring 22 years of labour law experience, both in private practice and as in-house counsel, to

David Rosenfeld was quoted in the April 25, 2018 CBC News article “Canada signed private agreement with Qalipu Mi’kmaq days before contentious changes to application process.” To read the article, please click here. For more information about the class action and updates as they occur, please click here.  

We are delighted to announce that Arleen Huggins has been named the recipient of the 2018 Women’s Law Association of Ontario (WLAO) President’s Award for the outstanding work she has done throughout her career for the promotion and advancement of racialized women in the law.  Congratulations to Arleen on this distinguished and well-deserved honour! For

In Canadian Elevator Industry Welfare Trust Fund v Skinner, the Nova Scotia Court of Appeal considered what constituted discrimination in the denial of access to coverage for medicinal marijuana, emphasizing the deference that courts and tribunals will give to the administrator of a benefit plan in choosing what drugs the plan will cover. The case

We are pleased to announce that Mark Zigler has been appointed as Co-Lead Commission Counsel for the Ontario Long-Term Care Homes Public Inquiry. The Inquiry was established on August 1, 2017, following the conviction of Elizabeth Wettlaufer on eight counts of first degree murder, four counts of attempted murder and two counts of aggravated assault,

The issue of what a court will do when faced with a claim for variable compensation in the form of a Carried Interest Plan, much like a profit sharing plan, in which profit was recognized some 3-7 years following the initial investment, came before the Honourable Mr. Justice Monahan recently. In a decision released in

Effective April 1, 2018, the equal pay amendments to the Employment Standards Act (“ESA“) flowing from the Bill 148 Fair Workplaces, Better Jobs Act officially came into force in Ontario. These equal pay provisions prohibit any employer paying different rates of pay to employees because of a difference in employment status (eg. full-time, part-time and/or

Katherine Ferreira has joined the Advisory Committee for the Centre for Law in the Contemporary Workplace at Queen’s University. The CLCW leads, conducts and fosters interdisciplinary research on emerging issues for workplace law and is focused on the implications for law of social, economic, cultural, technological and demographic changes shaping the contemporary workplace in Canada

For decades, the Ontario Labour Relations Board has considered only the wishes of those persons employed in the bargaining unit on the date of application in construction industry proceedings. “Steady eddies”, disabled employees, and others who are absent from work on the date of application for any number of reasons are thereby excluded from the

Koskie Minsky initiated a class proceeding against the Attorney General of Canada on behalf of all individuals whose applications to the Thalidomide Survivors Contribution Program were rejected on the basis of failing to provide the required proof of eligibility. To view the “Global News” interview, “Alleged Thalidomide victims see hope in Federal budget”, with David Rosenfeld and

Arleen Huggins will be speaking at the OBA’s Annual Update on Human Rights on May 31, 2018. The Program will take place at Twenty Toronto Street Conferences and Events in Toronto. Arleen will be speaking on the topic of “Recent Developments in the Accommodation of Disabilities in the Workplace” For more information about the Program, please

Recent amendments to the Ontario Labour Relations Act, added after the passage of Bill 148, have created a new tool for trade unions to assist with their organizing campaigns.  Unions can now make an application to the Labour Relations Board for an order requiring an employer to provide a list of its employees to the

David Rosenfeld was quoted in the March 13, 2018 Le Journal de Montréal article “Victoire d’une survivante de la thalidomide contre Ottawa.” To read the article, please click here. For information about the class action and updates as they occur, please click here. David Rosenfeld cité dans l’article du Journal de Montréal sur le recours

The 2018 Federal Budget was released on February 27, 2018, and amongst other things, included a major and somewhat surprising announcement regarding the phase out of the CRA’s Health and Welfare Trust Policy, which has governed health and welfare trusts (HWTs) since 1966. The announcement was included in the Tax Measures: Supplementary Information document released

Arleen Huggins will be speaking at York University’s International Day for the Elimination of Racial Discrimination event on March 21, 2018. The event will focus on the theme of Sustaining Anti-Discrimination in the Era of Backlash. Arleen will be part of a moderated session that includes 4 panellists in a round table discussion; creating a

Arleen Huggins will be speaking at the TLA’s “Fostering Women Leadership in the Legal Profession” Program, on May 10, 2018. Arleen will be part of an all-star panel of leading lawyers that will explore the perspectives and solutions that firms, organizations, and individuals are undertaking to clarify and increase pathways to leadership for women lawyers.

In Heller v. Uber Technologies Inc., 2018 ONSC 718, Perell J. stayed a proposed class action on behalf of Uber drivers due to a clause in the parties’ Service Agreement that mandated they resolve disputes by arbitration in The Netherlands. In upholding the arbitration clause, the Court followed the precedent set by the Supreme Court

Arleen Huggins will be speaking at the OBA Business Law Program, “Buying and Selling a Business: A Comprehensive Guide” on March 8, 2018. The Program will take place at Twenty Toronto Street Conferences and Events in Toronto from 9:00 am to 4:00 pm. Arleen will discuss “Hot Issues in the Sale of a Business”.  

Andrew Hatnay will be speaking at the 15th Annual Review of Insolvency Law Conference on February 9, 2018. The Conference will take place at the Fairmont Hotel, in Vancouver. Andrew will be speaking on “Deemed Trusts in the CCAA”.

The British Columbia Court of Appeal, in a decision released this past summer, took the opportunity to remind employers that precision in drafting restrictive covenants (those of non-competition in particular) is a necessity. In this particular case, an optical company operating retail stores and eye examination clinics had a non-competition covenant within contracts with its

On November 22, 2017 Ontario passed the Fair Workplaces, Better Jobs Act, 2017 (“Bill 148”) which contains significant amendments to labour and employment legislation in Ontario, including the Employment Standards Act, 2000, the Labour Relations Act, 1995, and the Occupational Health and Safety Act. The Minister of Labour, Kevin Flynn, first introduced the legislation on

On November 11, 2017, the Tax Court of Canada released Scott v. The Queen, 2017 TCC 224 (CanLII), a precedent setting decision regarding the taxation of payments made in relation to the termination of employment benefits in the context of the Nortel insolvency.  The Tax Court “overruled”, in part, an Advanced Tax Ruling issued by

Murray Gold will be speaking at the 2018 B.C. Pension Leadership Forum on February 22, 2018. Murray will participate in a workshop entitled “Canada’s Pension Policy Agenda.” This year’s Forum offers a day full of learning and debate on current issues and challenges facing pension plans and their leaders, as well as tangible and practical

On December 15, 2017 the Supreme Court of Canada (“Supreme Court”) delivered a significant decision in the area of human rights law. According to the Supreme Court, employers are not the only ones who are prohibited from committing discriminatory harassment against employees. British Columbia Human Rights Tribunal v. Schrenk concerned claims of discrimination in the

Hassan Ahmad was quoted in the The Lawyer’s Daily article “U of T, lawyers urge Ontario’s Ministry of Transportation to fast-track licensing for experienced refugee drivers”. To read the article, please click here.

On December 5th, 2017, the National CBC Radio Program Ideas broadcast “Precarious Work – the End of the Company Job”, featuring the 9th Koskie Minsky University Lecture on Labour Law, which was delivered at Western University,  London Ontario on November 3, 2017 by Dr. David Weil, the incoming Dean of the Heller School for Social

Airia Brands Inc. v. Air Canada, 2017 ONCA 792, is the latest class action decision to consider jurisdiction simpliciter in situations involving foreign class members. The case involved a claim of conspiracy to fix prices of air freight shipping services to and from Canada. On the matter of jurisdiction, the motion judge excluded absent foreign

On December 5th, 2017,  CBC Ideas will be broadcasting the 9th Koskie Minsky University Lecture on Labour Law. The lecture was delivered by Dr. David Weil, the incoming Dean of the Heller School for Social Policy and Management at Brandeis University in Boston. Dr. Weil is the author of The Fissured Workplace: Why Work Became

In an unprecedented decision released by the Court of Appeal recently, the Court has found the use of the word “probation” in an Employment Agreement has the meaning that during the stated period of time, employment may be terminated with payment only as is required by the Employment Standards Legislation. Notwithstanding requirements that contracts be

Arleen Huggins will be speaking at the OBA Labour and Employment Law Program, “Professionalism and Practice Management Strategies for Labour and Employment Lawyers” on November 29, 2017. Three full professionalism hours just in the nick of time and a great program line up. The Program will take place at Twenty Toronto Street Conferences and Events

Bill 177, the Stronger, Fairer Ontario Act (Budget Measures) (the “Act”), was introduced to the Ontario Provincial Parliament for first reading on November 14, 2017.  Schedule 33 of the Act provides changes to the Pension Benefits Act (the “PBA”), which will have broad implications for pension regulation in Ontario.  While sweeping changes have been announced,

The 9th Koskie Minsky University Lecture on Labour Law was delivered on Friday November 3, 2017, by Dr. David Weil, the incoming Dean of the Heller School for Social Policy and Management at Brandeis University in Boston. Dr. Weil is the author of The Fissured Workplace: Why Work Became So Bad for So Many and

The Court of Appeal has again ruled on the issue of terms in employment contracts which purport to limit an employee to minimum notice under the Employment Standards Act, 2000 (“ESA”) upon termination. In North v. Metaswitch, the Court of Appeal held that it is improper to use a severability clauses to remove portions of

UPDATE: We are pleased to announce that the Hon. Kevin Flynn, Ontario’s Minister of Labour, will be attending the Conference Banquet as a Special Guest. For registration and further details, please click here. On November 3rd and 4th, 2017, the Faculty of Law at the University of Western Ontario, Koskie Minsky LLP and Fasken Martineau

James Sayce will be speaking at the OBA Class Actions Law Program, “Class Actions: A Powerful Tool for Seeking Redress Against the Crown” on November 21, 2017. The online Program will run from 12:00 pm – 1:00 pm and will explore the following issues: Are class actions an appropriate mechanism for seeking redress against the

On October 17th, MP Marilène Gill of the Bloc Québécois introduced Bill C-372, a private member’s bill which would amend the Bankruptcy and Insolvency Act (BIA) and the Companies Creditors’ Arrangement Act (CCAA). The Bill would provide for priority status for claims in respect of underfunded pension plans as well as for claims arising as

On November 3rd and 4th, 2017, the Faculty of Law at the University of Western Ontario, Koskie Minsky LLP and Fasken Martineau LLP will be co-hosting a Lecture and Conference on Precarious Work, Uncertain Rights and the Role of Workplace Law. All events will be held at the University of Western Ontario in London. The 9th Koskie

In recent days, the policy and interpretation choices made by the Canada Revenue Agency (“CRA”) have taken a rare step into the public discourse. At issue are employee discounts enjoyed by retail workers. While tax issues are often widely discussed, it is normally in relation to legislative changes being considered by the Federal Government rather

Mireille Giroux will be speaking at the Lancaster House Workplace Safety and Insurance Conference on October 13th. The Conference will take place at the Sheraton Hotel in Toronto. Mireille will be participating in a panel discussion about Suitable Modified Work: Applying the WSIA and Human Rights Code criteria.

Koskie Minsky is a proud Partner Sponsor of The Women’s Legal Education and Action Fund (LEAF) Annual Persons Day Event. The event will take place on Thursday, October 26, 2017 at the Arcadian Court in Toronto, and features Margaret Atwood and guests from the legal, academic, labour, private and public sectors. For more information about the event,

Arleen Huggins will be speaking at the 7th Annual Current Topics in Ethics & Professionalism Program, “Clients Make the Practice of Law Possible: How Much Influence Do They Have?”, on October 18, 2017. The Program will take place at the TLA Lawyers Lounge in Toronto. Arleen will be speaking on the topic of “Who’s the Boss?

Arleen Huggins will be presenting at the Osgoode Certificate in Workplace Mental Health Law Program on November 14, 2017. The program will be held at the Osgoode Professional Development Centre. Arleen will speak about “Due Diligence Strategies to Reduce Legal Liability and Promote Workplace Health: How Unions, Health and Safety Committees, Occupational Health Nurses and

In a recent decision of the Ontario Superior Court of Justice, a judge ruled that a working notice period does not apply to an employee who is on disability leave from his employer. In this case, a 43 year old employee with 18 years’ service commenced a disability leave in January, 2016 for a non-work

The regulatory environment applicable to pension plan administrators will shift in 2018, with the Superintendent of Financial Services gaining the power to impose monetary penalties for breaches of the Pension Benefits Act (“PBA”). On January 1 new provisions of the PBA come into force, which, along with a new Regulation on Administrative Penalties, create a

Arleen Huggins will be speaking at the 18th Annual Employment Law Summit on October 19, 2017. The Summit will take place at The Law Society of Upper Canada in Toronto. Arleen will be speaking about “New Ideas, New Workplace Legislation, What Does the Future Hold?” To learn more about the program, please click here.

Celeste Poltak has been appointed to the Expert Reference Group for the Law Commission of Ontario’s (LCO) new project, Class Actions: Objectives, Experience, and Reforms. The LCO’s class actions project is the first independent, evidence-based, and comprehensive review of class actions in Ontario since the enactment of the Class Proceedings Act in 1993. The project will provide

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!

Several Koskie Minsky Labour Lawyers will be speakers at the 8th Biennial Construction Labour Relations Conference on November 6-7, 2017. The conference will take place at the Old Mill Hotel and Spa in Toronto. Alan Minsky, who also co-chairs the conference will be speaking on “When – and Why –Do You Need a Project Agreement

Kaynes v. BP, P.L.C., 2017 ONSC 5172 (Kaynes) is the latest edition of a line of class actions that have faltered for violating the statutory limitations period under s.138.14 of the Securities Act, R.S.O. 1990, c. S.5. (the “Act“)[1] Despite its protracted procedural history, the facts in Kaynes are not complicated. The plaintiff, an Ontario

An Interactive Panel Discussion of Hot Topics in Employment Law Koskie Minsky’s employment lawyers will illuminate the most recent and important issues in the areas of: Drug and alcohol policies & testing Mental health issues in the workplace Attendance management Establishing just cause for termination October 25, 2017 20 Toronto Street Conference and Events 8:30

The recent Federal Court decision in Bemister v. Canada highlights some of the difficulties that litigants face in attempting to use the Canadian Charter of Rights and Freedoms to remedy pension and benefit issues. Background The Applicants in Bemister were federal retirees who participated in the Public Service Health Care Plan (“PSHCP”) and the National

Koskie Minsky LLP is pleased to announce that 8 of the Firm’s lawyers were chosen by their fellow professionals to be listed in the 12th Edition of The Best Lawyers in Canada. Below is a complete list of KM lawyers, by practice area, recognized in the 12th Edition of The Best Lawyers in Canada: Kirk M.

The recent decision of the Ontario Court of Appeal found that a single act of dishonesty by an employee at the time of completing an employment application could give rise to cause for the termination of his employment. The employee working in the area of atomic energy sought to become employed as an industrial safety

Andrew J. Hatnay, head of the Pensions and Benefits group at Koskie Minsky has been quoted in various articles regarding the Sears Canada CCAA proceeding. To review the articles, please click on the following links: The Wall Street Journal: Sears Canada Pensioners Want Plan Wound Up  The Globe and Mail: Amid outcry, Sears Canada sets

Mark Zigler and Murray Gold will be speaking at the 50th Annual Canadian Employee Benefits Conference in Montreal, Quebec. Click here to view Mark’s paper on Legislative Developments and the Top 20 Cases of 2016-2017, co-authored with James Harnum.

In Facchini v. Rosen, Justice Sproat exercised his jurisdiction to make the just order restoring this 2010 action to the trial list. By way of background, shortly before the claim was instituted on April 19, 2010, the Plaintiff entered into a share purchase transaction to sell his shares in a landscaping business to the Defendant,

When an employee is wrongfully dismissed from her employment, she is required to seek alternative employment to mitigate, or reduce, the damages she incurs. The income earned from alternative employment is normally deducted from the damages the former employer owes to the employee. In a recent decision, Brake v. PJ-M2R Restaurant Inc., the Ontario Court

Calling someone an independent contractor does not necessarily make them one, especially where a worker’s role has shifted over time. An employer learned this lesson the hard way when the British Columbia Supreme Court ordered it to pay the plaintiff, who the Court classified as a dependant contractor, damages in the amount of 12 months’

  UPDATE: United Nations Recognizes 160 Girls Project On June 9, 2017, in Geneva, Switzerland, 160 Girls was recognized in The United Nations’ inaugural best practices report for the elimination of discrimination against women, intended to provide a roadmap for future change initiatives. This is a terrific endorsement of the value the law can have

Overview The Parliament of Canada recently passed Bill C-4, which contains two important changes of which trade unions should take note. The legislation received Royal Assent on June 19, 2017, meaning it is now law. The first change concerns certification rules for unions seeking to represent employees under federal jurisdiction, where card-based certification is restored

On June 22, 2017, Sears Canada Inc. and several related parties were granted protection from their creditors under the Companies’ Creditors Arrangement Act (“CCAA”), pursuant to an Order of the Honourable Justice Hainey of the Ontario Superior Court of Justice. Koskie Minsky LLP has been appointed as Representative Counsel to represent the retirees of Sears

In the recent decision of Presidential MSH Corporation v Marr Foster & Co LLP, 2017 ONCA 325, the Ontario Court of Appeal further clarified the discoverability principle pursuant to section 5 of the Limitations Act, 2002 with respect to the “appropriate means” element. Specifically, a proceeding may not be “legally appropriate” as required under section

  Summary The government of Ontario has tabled legislation to make major changes to labour and employment law in the province. The proposed changes include: Raising the general minimum wage to $15 an hour by January 1, 2019. Changing various features of union certification and first contract dispute resolution procedures, including: extending card-based certification to

On a Summary Judgment motion, the Ontario Superior Court of Justice awarded an Employee $7,500 in damages for mental distress together with damages of $17,076 in lieu of lost income for the Employer’s failure to provide the Employee with a revised notice of termination. The Employee, a 72 year old man, worked as a security

On May 19, 2017, the Ontario government announced that it intends to implement new funding rules for defined benefit pension plans and make certain other changes to the legislation governing pensions. This announcement follows up on the Solvency Consultation process that we previously reported on. The new funding framework described in the May 19th announcement includes:

On Tuesday May 16, 2017, lawyers and staff from Koskie Minsky served dinner to local residents in need, as part of the Lawyers Feed the Hungry program, run by LSUC. Since 1998, Lawyers Feed the Hungry has been providing hot, healthy meals to Toronto residents in need.  Lawyers, staff, students, judges and other volunteers from

The decision of The Honourable Mr. Justice Miller, of the Ontario Superior Court of Justice, released April 18, 2017, considered a claim for defamation by an employee in relation to a reference given by his former employer to a potential future employer. This could have been the first case in which an employer was found

In a previous Blog Post we reviewed highlights from the 2017 Federal Budget. The 2017 Ontario Budget was released on April 27, 2017. The Ontario Budget contains the significant commitment to a universal pharmacare program for persons under 25, as well as a number of updates with respect to various pension reform efforts. OHIP+ Children

Offers to settle are ubiquitous in litigation. Nearly all cases settle before trial, but not all offers to settle attract the cost consequences of Rule 49. Rule 49 offers have the potential to be more advantageous for the plaintiff than the defendant. Specifically, if the plaintiff makes an offer that is rejected and obtains judgment

Koskie Minsky LLP is pleased to announce that 11 of the Firm’s lawyers were chosen by their fellow professionals to be listed in the 2017 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

Does an employer’s failure to pay a $300,000 bonus constitute constructive dismissal? Not according to Chapman v. GPM Investment Management, a recent decision from the Ontario Court of Appeal.  Although there was no doubt that the employer had breached the employment contract by failing to pay the bonus, this conduct did not substantially alter an

Justice Belobaba has certified a class action against Deloitte in respect of the alleged misclassification of document reviewers. The class at issue consisted of lawyers in Toronto working as document reviewers for Deloitte, and other companies. The document reviewers were treated as independent contractors, and therefore not entitled to the same payments and benefits given

The 2017 Federal Budget was presented by Finance Minister Bill Morneau last month, on March 22, 2017. Though it has far fewer major commitments than the previous budget from 2016, there are still some noteworthy provisions. Most provincial budgets have also been released by now, with Nova Scotia and Ontario being the two exceptions. Read

In an Alberta Court of Queen’s Bench decision, an employer that accepted an employee’s notice of resignation was found to have wrongfully terminated the employment relationship because the resignation was conditioned upon negotiating a fair severance package. The employee worked for the employer in Calgary, Alberta and later in Madagascar for four years and eight

Gail Black and Michelle Vinokoruv of Canadian Feed the Children (CFTC) were warmly welcomed at Koskie Minsky’s offices on Wednesday, April 5, when they presented lawyers and staff with a heartwarming and inspirational report on how the Firm’s recent donation to the agency’s First Nations Nutrition Program is helping to bring food security to school

In 2289878 Ontario v Gourmet Gringos, Justice Kristjanson set aside Master Haberman’s January 12, 2016 Order striking the defendants (the “Defendants”) statements of defence[1] and dismissing the counterclaim as a result of several breaches of procedural orders. The procedural breaches included the Defendants’ failure to prepare an affidavit of documents in compliance with the Rules

In Skinner v. Board of Trustees of the Canadian Elevator Industry Welfare Trust Fund (2017 CanLII 3240 (NS HRC)), the Nova Scotia Human Rights Commission has confirmed that denying access to medical marijuana can be discriminatory in certain contexts. Mr. Skinner was involved in a motor vehicle accident while working at ThyssenKrupp Elevator Canada in

On March 21, 2017, The Sidney Hillman Foundation announced that it has awarded the 7th annual Canadian Hillman Prize to the documentary “Migrant Dreams.” Min Sook Lee, the director, and co-producer uses this film to shed a light on the working conditions of workers who come to Ontario as part of Canada’s Temporary Foreign Worker

We are pleased to announce that once again Koskie Minsky has been recognized by Chambers Global and Chambers Canada as a leading law firm in the areas of: Employment & Labour: Labour for Unions Dispute Resolution: Class Action (Plaintiff) Pensions & Benefits Congratulations to all of our ranked lawyers!

In Evans v. Paradigm Capital Inc., Justice Gans of the Ontario Superior Court of Justice addressed a senior executive’s duty to mitigate following her constructive dismissal, and specifically whether she was required to accept an alternative position from the employer to mitigate her damages. The Employee was hired by the Employer, an institutional investment dealer,

David Rosenfeld spoke on an panel at the OBA’s Public Law Class Actions Program on March 27th. The program explored practical strategies for prosecuting or defending public law class actions, including: Coordinating your litigation strategy with a media/public relations strategy Unique evidentiary issues Navigating the intersection of the Class Proceedings Act and the Proceedings Against

On February 9, 2017 the British Columbia Supreme Court released its decision in Ram v Michael Lacombe Group Inc., which made national headlines due to egregious facts and the quantum of damages awarded to a low-level employee. The Employee worked as a cook at Burger King for over 24 years when she was terminated without

Nancy Shapiro will be speaking at the Osgoode Professional Development Program “Successful Settlements 2017: Strategies and Tactics for Civil Litigators” on March 24, 2017. The program will take place at Osgoode Professional Development, 1 Dundas St. West, 26th Floor in Toronto. Nancy’s will speak on “Opportunities For Settlement and the Litigation Timeline”. For more information,

Jonathan Ptak will be speaking at the OBA’s 15th Annual Current Issues in Employment Law Program on May 4th, at Twenty Toronto Street Conferences and Events. Jonathan will be discussing the following topic: Exploring Employment Class Actions Overtime – have we heard the last? What areas of employment law are well suited to class actions?

In a recent case, a Judge of the Ontario Superior Court of Justice outlined the appropriate procedure to be used where summary judgment is awarded to a Plaintiff seeking a notice period which would not expire until after the summary judgment motion. The Plaintiff, a 54 year old Project Manager and Senior Water Resources Engineer,

Kirk Baert will be speaking on an expert panel at the OBA’s Public Law Class Actions Program on March 27th. The program will explore practical strategies for prosecuting or defending public law class actions, including: Navigating the intersection of the Class Proceedings Act and the Proceedings Against the Crown Act Acting for communities: helpful advice

Susan Philpott will be speaking at the CBA National Pensions & Benefits Law Section Webinar on The Nortel Case: The Intersection of Insolvency and Pension on March 22, 2017. This webinar will examine: The role of representative counsel and court-appointed representatives The challenge of maintaining client communication and keeping stakeholders informed Identifying and addressing conflicts

Koskie Minsky, with Sunchild Law in Saskatchewan, commenced a class action against the Attorney General of Canada on behalf of individuals affected by the “Sixties Scoop” in Saskatchewan. On February 14, 2017, Justice Belobaba released a summary judgment decision in the Ontario “Sixties Scoop” case finding Canada to be liable. Scott Robinson was interviewed about

Osgoode’s Black Law Students’ Association has announced that Arleen Huggins (Past President of CABL) has been awarded this year’s Honourable Lincoln Alexexander ’53 Award. Lincoln Alexander graduated from Osgoode Hall Law School in 1953. He practiced law until 1968, when he entered the political sphere as the first black Member of Parliament. He successfully served

In Trenchline Construction Inc. v Metrolinx, 2016 ONSC 6136, Master Wiebe released a thorough decision, touching on numerous contentious issues between the parties not the least of which revolved around what constitutes a written notice of lien under s. 24 of the Construction Lien Act (the “CLA“).  Metrolinx was the owner of a project called

Each year, students from Toronto law firms organise a competitive holiday food and donation drive on behalf of Toronto’s legal community, with all proceeds going to the Daily Bread Food Bank to fight hunger in communities throughout Toronto. The Daily Bread Law Firm Challenge ran from November 28, through December 9, 2016 and raised a

In a recent decision, Misetich v. Value Village Stores Inc., the Ontario Human Rights Tribunal (“HRTO” or “the Tribunal”) clarified the correct legal test for discrimination on the ground of family status. The decision recognizes that the requirements for establishing discriminatory treatment based on family status should be the same as those for other grounds

Last week, Prime Minister Trudeau announced that the upcoming budget will not include a provision to tax employees on their employer-provided health and dental benefits. The question remains, however, whether the rumoured tax is really off the table for good or whether it is still in consideration as part of an ongoing review of tax

Andrew Hatnay will be speaking at the 14th Annual Review of Insolvency Law Conference on February 17, 2017. The Conference will take place at the Hotel Bonaventure, in Montreal. Andrew will be speaking on “Restructuring, Liquidating, Now Disengagement? The Use of the CCAA by Corporate Parents to Disengage from Canadian Operations.” To review the Conference agenda, please visit: www.aril.ca/schedule.html

In anticipation of the new rule governing administrative dismissals (Rule 48.14), which came into effect on January 1, 2017, Justice Glithero of the Ontario Superior Court of Justice recently set out the applicable procedure in circumstances where an administrative dismissal date falls between an order refusing to restore an action to the trial list and

The Court of Appeal has re-affirmed the principle arising from the series of employment insurance broker cases of J. G. Collins Insurance Agencies, H.L. Staebler and Shafron, all of which addressed the interpretation of non-solicitation covenants in employment contracts. In Donaldson Travel Inc. v. Murphy, the employer was a travel agency. The employee moved to

Koskie Minsky is proud to announce that Arleen Huggins has been appointed as the nominee of the Canadian Bar Association for the Ontario Federal Judicial Advisory Committee (JAC) for Ontario – Greater Toronto Area. Each province has at least one judicial advisory committee, each of which is tasked with providing non-binding, merit-based recommendations to the

Koskie Minsky LLP congratulates the Black Law Student’s Association of Canada on its 26th Annual National Conference and is pleased to once again be the 10th annual Julius Alexander Isaac Diversity Moot Title Sponsor. We look forward to working with BLSA Canada this year and in the future.

Koskie Minsky LLP is a proud sponsor of Black History Month at Osgoode Hall Law School, presented by the Black Law Students’ Association of Osgoode.

In a recent decision of the Superior Court of Justice, a 48 year old employee with nine years of service was awarded $25,000 for human rights damages and $60,000 for moral damages, in addition to a notice period of ten months. The employee was subjected to repeated physical and verbal harassment by her boss. She

In Levac v. James, 2016 ONSC 7727 the Ontario Superior Court both certified the class action, and awarded summary judgment to the plaintiffs, a procedural rarity in Ontario class action jurisprudence. Levac v. James involved an infectious outbreak among patients who received epidural injections from the defendant doctor. Toronto Public Health investigators found that the

On December 8, 2016, the Building Ontario Up for Everyone Act (Budget Measures), 2016 (“Bill 70”) received Royal Assent. Among other things, the omnibus budget legislation enacts the Financial Services Regulatory Authority of Ontario Act, 2016, (the “FSRA Act”) setting out the framework for the creation of the new Financial Services Regulatory Authority (“FSRA”). By way of background, the Minister appointed

Please review the schedule below for Koskie Minsky’s Holiday hours: December 23, 2016 Normal business hours December 26, 2016 Closed December 27, 2016 Closed December 28, 2016 Normal business hours December 29, 2016 Normal business hours December 30, 2016 Closed January 2, 2017 Closed All the best this Holiday Season from the KM team.

Nancy Shapiro will be speaking at the OBA Labour & Employment Law / Workers’ Compensation Law Program, being held on February 7, 2017, 1:30 pm to 4:30 pm, at Twenty Toronto Street Conferences and Events (OBA Conference Centre). Nancy will be speaking about Critical Issues in Workplace Safety Programs and Investigations. To view the full program

In a recent summary judgement decision, the Ontario Superior Court upheld the principle that witnesses are immune from liability for their testimony given at trial. This particular case had an interesting twist in that the plaintiffs brought an action against their own expert witness when the trial at which he testified did not go their

A 58 year old employee of the City of Toronto was constructively dismissed, following 25 years of service in primarily senior project management roles. She was found to be entitled to 26 months’ notice. The City did not appeal the finding of constructive dismissal or the notice period. It did, however, allege that the trial

Koskie Minsky LLP is pleased to announce that Murray Gold, a senior partner in the firm’s Pension and Benefits practice, has been appointed to the Ontario Treasury Board’s newly-established Pension Asset Expert Panel, as announced by the Province on November 10, 2016.  The independent panel will provide advice and recommendations to the Government on the

With little fanfare, the Federal Government has introduced legislation to amend the Pension Benefits Standards Act (“PBSA”) to regulate “target benefit” plans. These are plans that offer a formula-style “target” benefit that looks much like a defined benefit but that is not assured. Target benefit plans do not require past service funding guarantees from the

In complex litigation, the plaintiff often names numerous defendants before a clear understanding of the relative liabilities of those defendants has been determined. It is only throughout the course of the action that certain defendants are revealed to be more at fault than others. In certain instances, it is determined that some defendants had no

Koskie Minsky has once again ranked among the top-rated Toronto Labour and Pension Law firms, according to the 2016 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada. Practice groups included in this category are Labour Relations (Construction Sector), Employment Law, Labour Relations, Occupational Health & Safety, Pensions & Employee Benefits, and Workers’ Compensation.

Mark Zigler will be speaking at the 49th Annual Canadian Employee Benefits Conference in San Diego, California. Click here to view Mark’s paper on Legislative Developments and the Top 20 Cases of 2015-2016, co-authored with James Harnum.

In a recent decision, the Human Rights Tribunal of Ontario confirmed that employees who sign releases in exchange for a termination package may have difficulty invalidating the release if they wish to bring a claim against their former employer. An employee with nearly 14 years’ service in human resources at an oil and gas industry

Koskie Minsky LLP once again fielded a team at this year’s Workers’ Bowl, finishing as the second overall fundraiser and first among law firms. Our team – Koskie Minsky LLP, Bowlers and Solicitors – raised over $8,000 for the Education and Leadership Fund for Workers in Precarious Employment. This fund supports collaborative projects with the Workers’ Action

This was a proposed representative action on behalf of refugees from the State of Eritrea alleging that the defendant Nevsun Resources Ltd., a British Columbia company, used forced labour, a form of slavery, in building an Eritrean mine. The plaintiffs brought the action under customary international law on their own behalf and as a representative

As a person reading a blog, you know the internet has changed the way we do so many things including a change to our conceptions of privacy and what constitutes an invasion of our privacy. In a recent decision, the Ontario Superior Court has recognised a new tort of public disclosure of private facts as

On August 9, 2016 the Ontario Court of Appeal released two sets of reasons in wrongful dismissal cases dealing with employees’ entitlement to receive bonus payments over a reasonable notice period. In both Lin and Paquette the employees were terminated without cause and had a right to pay in lieu of reasonable notice of their

James Harnum will be speaking at The 2nd Annual Canadian Workplace Pensions Forum on September 28, 2016, at the InterContinental Yorkville in Toronto. James will be discussing “Effective Communication Strategies: Legal Obligations and Beyond”. For more information about the Conference, please click here.

Ontario is currently in the process of reviewing solvency funding rules for single employer defined benefit (“DB”) pension plans under the Pension Benefits Act. On July 26, 2016, the Ministry of Finance released a “Review of Ontario’s Solvency Funding Framework for Defined Benefit Pension Plans” Consultation Paper soliciting feedback on a number of potential reforms

Bill 132, An Act to amend various statutes with respect to sexual violence, sexual harassment, domestic violence and related matters, received royal assent on March 8, 2016. The legislation is a result of commitments made in “It’s Never Okay: An Action Plan to Stop Sexual Violence and Harassment” released by the Ontario government in March

When it comes to registering a claim for lien, the Superior Court will not allow subcontractors to extend the date for preservation of their lien by returning to the job site to carry out trivial repairs after a subcontract is otherwise complete. What you might find interesting is what the Court considers to be a

The Supreme Court of Canada recently overturned a controversial decision of the Federal Court of Appeal (Koskie Minsky LLP Employment Blog February 9, 2015). Specifically, the Federal Court of Appeal held that “Unjust Dismissal” provisions pursuant to sections 240 to 246 of the Canada Labour Code, R.S.C. 1985, c.L-2 (the “Code“) only provided non-unionized federally

In a decision released May 31, 2016, the Ontario Court of Appeal made clear that the passage of time shall not in and of itself be treated as a bar to the order of reinstatement. In this case, the employee had been off on medical leave for 2½ years when she began seeking to return

On August 15, 2016, Performance Sports Group Ltd. announced that it would delay filing its Annual Report, including its annual audited financial statements for the fiscal year ended May 31, 2016. The delay was a result of the decision of Performance Sports Group Ltd.’s Audit Committee to conduct an internal investigation in connection with the

On August 2, 2016, Arc Productions Inc. (“Arc”) was placed into interim receivership by order of the Ontario Superior Court of Justice. Deloitte Restructuring Inc. is the interim receiver.   On August 19, 2016, by Order of Justice Newbould, Koskie Minsky LLP was appointed as Representative Counsel to represent the former employees of Arc (the “Arc Employees”)

On June 20, 2016, Canada’s Finance Ministers reached an historic agreement to improve core retirement income benefits under the CPP. The agreement followed years of tumultuous pension politics, including an outright refusal in December 2013 by the Harper Government to consider any changes to the CPP. Following the breakdown in federal-provincial CPP discussions, the Wynne

Sponsorship of caregivers from overseas is an increasingly common choice for families seeking affordable child care, particularly where there are two or more children in a household. In a recent case from Ontario, the Court considered basic statutory and common law employment principles in the caregiver context, where the parties were also related. The employer

The Plaintiff, Canada Trust Company (“Canada Trust”) was the trustee of a self-directed RRSP investment on behalf of Joseph Sasso (“Sasso”). Sasso advanced $180,000 from his RRSP to various Defendants which was secured by mortgages against four properties in Windsor. All Defendants, aside from Boulos and Henriette Dahers (collectively the “Dahers”) are bankrupt and default

On June 25, 2015 Co-op Atlantic, a co-operative wholesaler operating across Atlantic Canada and Quebec obtained protection from its creditors under the CCAA. Ten months later, in April, 2016, Co-op’s pension plan members received a letter that no retiree ever wants to receive. An actuarial and consulting firm, which had been appointed by the New Brunswick

Koskie Minsky LLP is pleased to announce that 12 of the Firm’s lawyers were chosen by their fellow professionals to be listed in the 2016 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

In Yorkwest Plumbing Supply Inc. v. Nortown Plumbing (1998) Ltd, et al, the Court of Appeal for Ontario confirmed that a subcontractor is bound by Section 20(2) of the Construction Lien Act (the “Act”) with respect to its right to register a general lien over multiple premises with one owner. The plaintiff, Yorkwest Plumbing Supply

The Ontario Superior Court of Justice recently concluded that an employer’s imposition of a layoff in the absence of a contractual clause permitting a layoff can be treated as a repudiation of a fundamental term of the employment contract even in circumstances where an identifiable recall date is provided at the time of the layoff.

When acting for an employer we are often asked whether an employee can be sued for damages that the employer sustains as a result of an employee’s negligence.  The answer is no.  A case recently decided by the Alberta Court of Queen’s Bench, Shamac Country Inns Ltd. v. Sandy’s Oilfield Hauling Ltd , does not

The Ontario Court of Appeal recently upheld certification in Good v. Toronto (Police Services Board), 2016 ONCA 250 (Good). Good is a class action concerning mass detentions during the G20 Summit and protests which occurred in Toronto. The Court of Appeal made two important holdings regarding aggregate damages. The first was to reaffirm that the

There are certain situations where Section 6 of the Construction Lien Act (CLA) can be used to cure a defect in a lien, but only if the defect is minor. Section 6 of the CLA states: Minor irregularities 6.  No certificate, declaration or claim for lien is invalidated by reason only of a failure to

Termination during the probationary period without payment or notice, often thought to be an automatic entitlement of employers, is always subject to the caveat “except for a discriminatory reason”.  That was the expensive lesson for one Ontario employer recently. The company was a distributor and the employee hired as a delivery truck driver.  He was

Koskie Minsky LLP has been appointed by The Honourable Justice Conway as Representative Counsel to former employees of Danier Leather Inc. Please click here to view the Order and Endorsement. Justice Conway confirmed that the factors traditionally used for the appointment of representative counsel in CCAA proceedings also applied in this case. Koskie Minsky’s mandate

To review “A Call For Compromise: How to Avoid Legal Pitfalls of Pension Innovation” (Benefits Canada May 2016) please click here.

Arleen Huggins will be speaking at the The Osgoode Certificate in Human Rights Theory and Practice Program on May 5, 2016. The program will be held at Osgoode Professional Development’s Downtown Toronto Conference Centre. Arleen will speak about “Evidence in Human Rights Matters/Remedies”. For more information about the program, please click here.

On May 2, 2016 Michael Mazzuca will be appearing on behalf of the Canadian Bar Association before the House of Commons Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities. He will be making submissions in regards to Bill C-4, which repeals Bill C-377, An Act to amend

On April 6, 2016, the Ontario Court of Appeal released its decision in Good v. Toronto (Police Services Board), 2016 ONCA 250, where it upheld the Divisional Court’s certification of a class action stemming from the G20 summit held in Toronto in June 2010. According to an independent review, during the G20, police encircled or

We are pleased to congratulate Arleen Huggins, a Partner in our Litigation Group, who has been named a winner of a 2016 Lexpert Zenith Award. This prestigious award recognizes Arleen’s contributions and achievements in achieving Diversity and Inclusion in society and the profession. The awards will be presented at the Lexpert Zenith Awards Gala Event,

In the 2014 Budget, the Ontario government set out its commitment to establishing and launching a province-wide pension plan, intended to build upon the Canada Pension Plan (“CPP”) and provide a predictable source of retirement income for life. Notwithstanding significant debate and some opposition by stakeholders, on April 14, 2016, the government proceeded to implement

Michael Mazzuca and Barbara Walancik will be speaking at the Canadian Legal and Legislative Update on May 12, 2016. The program will take place at the Fairmont Chateau Laurier in Ottawa, Ontario. Michael will be speaking on “Plan Consolidation – Is Bigger Better” at 2:30 p.m. and Barbara will be speaking on “Insurance Companies: How

In Built-Con Contracting Ltd. v. Lisgar Construction Company a Division of United Shelters Limited, Master Wiebe determined that a plaintiff’s default judgment obtained from a registrar over the counter was insufficient to satisfy section 37 of the Construction Lien Act which requires a perfected lien must be set down for trial within two years after

Michael Mazzuca will be participating as an Instructor in SHARE’s Trustee Master Class Course on May 6, 2016. The Course will take place at the Courtyard Marriott in Toronto. Michael will be speaking on securities class actions. To review the conference flyer, please click here.

Michael Mazzuca and Barbara Walancik will be speaking at the Canadian Legal and Legislative Update on May 12, 2016. The program will take place at the Fairmont Chateau Laurier in Ottawa, Ontario. Michael will be speaking on “Plan Consolidation – Is Bigger Better” at 2:30 p.m. and Barbara will be speaking on “Insurance Companies: How

Kirk Baert will be speaking at the 13th Annual Symposium on Class Actions on Thursday April 21st, 2016. The Symposium will take place in Toronto at the Osgoode Professional Development Centre, 1 Dundas St. W., 26th Floor. To view the event brochure, please click here.

Kirk Baert will be speaking at The Advocates’ Society Spring Symposium on Wednesday April 27, 2016. The Symposium will take place in Toronto at The Carlu, College Park. Kirk will be discussing “Lessons Learned from Trials of Common Issues”. To view the Conference Agenda, please click here.

The Ontario Human Rights Tribunal has recently issued an interim decision confirming the effects of a miscarriage can meet the definition of “disability” under the Human Rights Code. Wenying (Winnie) Mou (the “Employee”) worked for MHPM Project Leaders (the “Employer”).  In January of 2013, the Employee suffered a serious slip and fall accident which kept

Kirk Baert was quoted in various Advocate Daily.com articles. To review the articles, please click on the following links: Baert launches class action against Mercedes-Benz Canada Inc. Crown’s move to open Nfld residential school lawsuit discussions positive Delays in Nfld residential schools case mean costs mounting Quebec court awards $15 billion to smokers Sino-Forest legal fees

In a recent decision of the Ontario Superior Court of Justice, the Court held that conduct resulting in criminal charges being laid against an employee does not constitute “just cause” for termination where the conduct is unconnected to work. The employee, a 67 year old labourer employed since 1998, was terminated in February 2015 for