News & Events
The Federal Court of Appeal Upholds Board Decision to “Punish” the Correctional Service of Canada by Awarding $310,000 for Psychological Harm and Punitive Damages
March 12, 2024
On February 6, 2024, the Federal Court of Appeal (the “Court”) dismissed a judicial review application brought by the Attorney General of Canada (the “AGC”) in Canada (Attorney General) v. Lyons, 2024 FCA 26. In that ruling, the Court found the decision of the Federal Public Sector Labour Relations and Employment Board (the “Board”) in
Practice Area
Labour Law
What’s In A Name? $18,000 Awarded To Transgender Man Who Was Misgendered And Deadnamed At Work
March 8, 2024
The Canadian Human Rights Tribunal (“CHRT” or “Tribunal”) ruled in Bilac v. Abbey, Currie and NC Tractor Services Inc., 2023 CHRT 43 (CanLII), that misgendering and deadnaming an employee who specifically and repeatedly asked to have their gender identity respected is a discriminatory practice that is contrary to the Canadian Human Rights Act (“CHRA”). The Tribunal affirmed
Expertise
Employment Law
Failure to Communicate Policies to Employees Results in almost $2M in Damages
March 4, 2024
In a decision of the Honourable Mr. Justice Cavanagh released January 2, 2024, Boyer v. Callidus Capital Corp., [2024] O.J. No. 41, 2024 ONSC 20, the Court held that an employer had not clearly communicated the restrictive terms of its policies with respect to vacation carry-over, deferred bonus payment and the exercise of stock options, and
Expertise
Employment Law
Ontario Not-for-Profit Corporations Act, 2010 (ONCA)
January 18, 2024
The Not-for-Profit Corporations Act, 2010 (Ontario) (the “ONCA”) came into force and replaced the predecessor legislation governing Ontario not-for-profit corporations, the Corporations Act (Ontario) (the “OCA”). Among other things, the ONCA streamlines the incorporation of Ontario not-for-profit corporations (“NFPs”), simplifies certain processes including those in connection with registrations, searches and filing annual returns, introduces a
Practice Area
Labour Law, Pension and Benefits
2023 Fall Economic Statement – Pension Fund Investment Announcements
December 5, 2023
The Federal Government’s 2023 Fall Economic Statement included three significant announcements regarding pension fund investments, which we unpack in this post: That the Government will “work collaboratively” with Canadian pension funds to “create an environment that encourages and identifies more opportunities for investments in Canada”. That the Government will “explore” removing the “30 per cent
Practice Area
Pension and Benefits
Fall Compliance Checkup – and December 31, 2023 AODA Deadline
October 30, 2023
We assist clients manage all kinds of risks associated with employment. Legislative compliance is one such risk. Let’s address frequently neglected obligations of an employer that we are rarely asked about. It is fall, almost Halloween, and we are not here to scare you, but how about an HR check-up? If you are a provincially-regulated
Expertise
Employment Law
Ontario Labour Relations Board finds employer cannot use results of post-incident drug test to suspend or dismiss employee
October 19, 2023
A recent decision of the Ontario Labour Relations Board found that the Employer could not use the results of a post-incident drug test to suspend or dismiss the employee. The Grievor reversed a vehicle into the hitch of a trailer damaging the door of the vehicle. The incident analysis, as conducted by the company, indicated
Practice Area
Labour Law
Am I entitled to compensation for my office moving and my commute increasing?
October 2, 2023
THE QUESTION The company I work for is moving its head office. That will increase my commute time to 80 minutes from 20, plus additional costs to pay for public transit. The ability to walk to work was a factor in choosing this job. Am I entitled to any compensation for the office relocation? I
Expertise
Employment Law
Ontario Ministry of Finance Releases Revised Consultation Paper on Target Benefit Plans
September 14, 2023
Overview On September 1, 2023, the Ontario Ministry of Finance released a revised consultation paper on proposed amendments to the Pension Benefits Act (the “PBA”) and the regulations under the PBA to implement a permanent regulatory framework governing target benefit plans. The revised consultation paper, entitled “A Permanent Framework for Target Benefits: Revised Proposals,” reflects
Practice Area
Pension and Benefits
Federal Government Releases Consultation Draft Of Amendment To Rules Governing Specified Multi-Employer Pension Plans
August 10, 2023
On August 4, the federal government released a series of technical draft amendments to the Income Tax Act (Canada) and the Income Tax Regulations (the “ITRs”) to implement previously announced commitments in Budget, 2023. Among the proposed measures included in these amendments are changes to the rules governing specified multi-employer plans (“SMEPs”) under s. 8510
Practice Area
Pension and Benefits