News & Events
Lesa MacDonald has assumed the role of Counsel in the Pensions and Benefits Department
December 1, 2020
We are pleased to announce that, effective December 1, 2020, Lesa MacDonald has assumed the role of Counsel in the Pensions and Benefits Department of Koskie Minsky LLP. In her new role, Lesa will be taking on additional senior-level client relationship management responsibilities. She will continue her legal advisory work for clients of the Pension and
Practice Area
Pension and Benefits, Labour Law
Cross-Border Privacy Issues: Doing Business in the United States
November 30, 2020
Whether a Canadian business has operations in the United States, uses a third party from the United States or even stores its information on a cloud server in the United States, it is almost impossible to do business in Canada without a cross-border aspect. Regardless of the level of interaction with our neighbours to the
Expertise
Privacy and Compliance
DEPARTMENT OF FINANCE RELEASES NEW DRAFT LEGISLATIVE PROPOSALS FOR CONVERSION OF HEALTH AND WELFARE TRUSTS TO EMPLOYEE LIFE AND HEALTH TRUSTS
November 30, 2020
On Friday, November 27, 2020 the Department of Finance released its long awaited legislative proposals to amend the Income Tax Act provisions governing Employee Life and Health Trusts (“ELHTs”). For the most part, these new draft proposals include some welcome changes and should facilitate the transition to an ELHT. It should be noted that the
Practice Area
Pension and Benefits
The HRTO Reminds us that Steps to Enforce Terms of Settlement Require Timely Action
November 24, 2020
Schweizer v. The Corporation of the Town of Whitchurch-Stouffville (“Schweizer v. Whitchurch-Stouffville”), provides procedural reminders with respect to the enforcement of settlements entered into in matters before the Human Rights Tribunal (“HRTO”) of Ontario. The applicant, a former employee of the respondent, alleged discrimination with respect to her employment. The parties entered into Minutes of
Expertise
Employment Law
Workplace Safety and Insurance Appeal Tribunal Bars Constructive Dismissal Action
November 18, 2020
Facts The complaining Employee was employed as a housekeeper at a hotel in Niagara Falls, Ontario where she was allegedly harassed and taunted by her colleagues and supervisor for having an unpleasant odour and for other matters related to a diagnosed medical condition. While still working at the hotel, the Employee filed a human rights
Expertise
Employment Law
Workplace Safety and Insurance Appeal Tribunal Bars Constructive Dismissal Action
November 18, 2020
Facts The complaining Employee was employed as a housekeeper at a hotel in Niagara Falls, Ontario where she was allegedly harassed and taunted by her colleagues and supervisor for having an unpleasant odour and for other matters related to a diagnosed medical condition. While still working at the hotel, the Employee filed a human rights
Practice Area
Labour Law
Racial Discrimination Complaints and EDI Policies and Training
October 28, 2020
In June 2020, the Ontario Human Rights Tribunal ruled in favour of an applicant who was the victim of a racial slur during the course of being served at a local pizza franchise. The applicant had just ordered lunch with his friends from high school when one member of the group accidentally cracked a window
Expertise
Employment Law
Fraser v. Canada (Attorney General): Supreme Court of Canada rules that RCMP pension plan discriminates against women, breaches section 15 of the Charter
October 23, 2020
On October 16, 2020, the Supreme Court of Canada (the “Court”) ruled that the Royal Canadian Mounted Police (“RCMP”) pension plan breaches section 15 of the Canadian Charter of Rights and Freedoms (“Charter”) on the ground of sex and perpetuates discrimination against women by precluding members who participate in job-sharing arrangements from purchasing full-time pension
Practice Area
Labour Law
Fraser v. Canada (Attorney General): Supreme Court of Canada rules that RCMP pension plan discriminates against women, breaches section 15 of the Charter
October 23, 2020
On October 16, 2020, the Supreme Court of Canada (the “Court”) ruled that the Royal Canadian Mounted Police (“RCMP”) pension plan breaches section 15 of the Canadian Charter of Rights and Freedoms (“Charter”) on the ground of sex and perpetuates discrimination against women by precluding members who participate in job-sharing arrangements from purchasing full-time pension
Practice Area
Pension and Benefits
What has 2020 taught us so far?
September 28, 2020
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
Expertise
Employment Law