News & Events
Anthony Guindon Quoted in Benefits Canada Article on AIMCo Leadership Changes
November 22, 2024
Anthony Guindon was quoted in a Benefits Canada article, commenting on the termination of AIMCo’s CEO, top executives and board of directors. To view the article, please click here.
Celeste Poltak Awarded the 2024 OBA Award for Excellence in Class Actions
November 20, 2024
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 to Speak at the OBA’s Business Law Program
October 25, 2024
Arleen Huggins will be speaking at the OBA’s Business Law Program, Buying and Selling a Business: Your Comprehensive Guide on November 14, 2024. The Program will take place at the OBA Conference Centre in Toronto. To view the Program details, click here.
Ontario Government Releases Final Regulations Governing Target Benefit Pension Plans
October 23, 2024
On October 16, 2024, the Government of Ontario filed the final regulations to implement its long-awaited framework for target benefit pension plans in Ontario. The release of these regulations follows a long process of consultation, and is being implemented through the enactment of amendments to existing regulations, as well as new regulations governing target benefit
Practice Area
Pension and Benefits
Koskie Minsky Ranked in the 2025 Edition of Chambers Canada
September 26, 2024
Koskie Minsky is proud to have once again been ranked in the 2025 edition of Chambers Canada. Koskie Minsky earned 2 Band 1 rankings, Chambers’ highest distinction. In addition to Koskie Minsky’s practice band rankings, 12 lawyers were recognized as leaders across 4 practice areas. Dispute Resolution: Class Action (Plaintiff) Employment & Labour: Labour for
Bad Facts Make Bad Law – Injunctions Restraining Competition in British Columbia
September 16, 2024
We know that non-competition agreements are generally not enforceable in the employment context in Ontario if they were entered into after October 25, 2021, except in a handful of situations. However, that still leaves: the rest of Canada; agreements prior to the magic date; those handful of exceptions; and of course, independent contractors. In short,
Expertise
Employment Law
Niki Manwani to speak at The Six-Minute Debtor-Creditor and Insolvency Lawyer 2024 Program.
September 3, 2024
Niki Manwani will be speaking at the Law Society of Ontario’s upcoming program The Six-Minute Debtor-Creditor and Insolvency Lawyer 2024, on October 16, 2024. The Program will take place at the Donald Lamont Learning Centre in Toronto and Niki will speak on the topic “Setting Aside an Ex -Parte Mareva Order.” To view the full
Twenty Two KM Lawyers Listed In The 19th Edition of The Best Lawyers in Canada™
August 29, 2024
We are pleased to announce that 22 of the Firm’s lawyers were chosen by their fellow professionals to be listed in the 19th Edition of The Best Lawyers in Canada. Below is a complete list of KM lawyers, by practice area, recognized in the 19th Edition of The Best Lawyers in Canada: Jeffrey Armel – Construction
Eight KM Lawyers Named To 2025 Best Lawyers: Ones To Watch In Canada™
August 29, 2024
We are pleased to announce that 8 KM lawyers have been included in the 2025 edition of Best Lawyers: Ones to Watch in Canada. Best Lawyers: Ones to Watch in Canada recognizes associates and other lawyers who are earlier in their careers for their outstanding professional excellence in private practice in Canada. Kamal Bakhazi – Labour and
KM Lawyers Attend Reunion for Advocates for Injured Workers
August 15, 2024
On May 27, 2024, lawyers from each department of Koskie Minsky attended a Reunion to celebrate the 25th Anniversary of the Advocates for Injured Workers Legal Clinic. The Reunion brought together those who had volunteered at the AIW while studying at the University of Toronto Faculty of Law. The Reunion raised more than $40, 000
Secret Recording of Termination Meeting Fatal to Employer’s Defence
August 7, 2024
In March 2024, the Court of Appeal for Ontario dismissed an employer’s appeal from the judge’s decision in Teljeur v. Aurora Hotel Group, 2023 ONSC 1324 (“Teljeur”). The Honourable Justice Michael K. McKelvey of the Ontario Superior Court of Justice awarded seven months’ pay in lieu of notice and $15,000 in aggravated damages to a dismissed employee.
Expertise
Employment Law
“A Man’s Home is His Castle” – Privacy Interests and Drug Testing
July 19, 2024
The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail; its roof may shake; the wind may blow through it; the storm may enter; the rain may enter; but the King of England cannot enter — all his force dares not cross the threshold of
Practice Area
Labour Law
Bennett Morrison Publishes Paper in the University of Toronto Faculty of Law Review
July 19, 2024
We are delighted to announce that our colleague Bennett Morrison has written a paper which will be published in the University of Toronto Faculty of Law Review. In his paper, titled “Extending Freedom of Association to Non-Union Workers: How Ontario Can Learn from France,” Bennett argues that Ontario should learn from France and grant non-union
Nancy Shapiro At The OBA Labour & Employment Law Program
July 11, 2024
Nancy Shapiro will be co-chairing the OBA Labour & Employment Law Program: LITIGATING AN EMPLOYMENT FILE on September 18, 2024, at the OBA Conference Centre in Toronto. To view the full program agenda, please click here.
Nancy Shapiro To Speak At The Employment Law Masterclass Toronto
September 5, 2024
Nancy Shapiro will be speaking at the online event hosted by the Canadian Lawyer, Employment Law Masterclass on September 5, 2024, regarding: “Employing remote, out-of-province, and international workers – what to do and what to avoid.” This event has been approved for CPD credits. For more details, please click here.
Aggravated Damages – Employers Beware!
June 5, 2024
I was invited recently to speak at the HRPA Conference on the issue of bad faith damages. I was focusing on the history of these awards and quantum. Then on May 2, 2024, the Ontario Court of Appeal released a decision in Krmpotic v. Thunder Bay Electronics Limited, 2024 ONCA 332 which upheld an aggravated
Expertise
Employment Law
Andrew Hatnay to Speak at the 2024 Biennial IPEBLA Conference
May 27, 2024 - May 29, 2024
Andrew Hatnay will be speaking at the 19th Biennial IPEBLA Conference, “Adapting to Change: Ensuring Retirement Security in a Dynamic and Uncertain World” in Milan, Italy. Andrew will be part of a panel discussion on the ‘Anatomy of a pension class action: the use of class proceedings to resolve issues in pension administration.’ To view
After-Acquired Cause not Established After Breach of Code of Conduct
May 21, 2024
In January 2024, the Ontario Superior Court of Justice ruled in Ratz-Cheung v. BMO Nesbitt Burns Inc., 2024 ONSC 161 (“Ratz-Cheung”), that the employer had not established just cause for dismissal after asserting after-acquired cause. The Court found that the employee breached the employer’s Code of Conduct but viewed the employee’s misconduct as a lapse in judgment
Expertise
Employment Law
The Financial Services Regulatory Authority of Ontario Implements Information Technology Risk Management Guidance
May 17, 2024
On April 1, 2024, the Financial Services Regulatory Authority of Ontario (FSRA) Information Technology Risk Management Guidance (“the Guidance”) became effective. The Guidance is applicable to all entities and individuals regulated by FSRA including pension plan administrators. Pension plan administrators must consider whether their existing cybersecurity and/or IT risk management policies currently comply with the
Practice Area
Pension and Benefits
Michael Mazzuca Serving As An Instructor At The IF’s FTMS Program
May 17, 2024
Michael will be serving as an Instructor at the International Foundation’s Foundations of Trust Management Standards (FTMS) Program. The Foundations of Trust Management Standards is a 2-day, assessment-based certificate program that will address the basics of effective trust management through four key knowledge areas: Legal, Administration, Governance, and Funding/Investment/Finance. The FTMS Program will be offered
Nova Scotia Passes Unlocking Amendments to the Pension Benefits Act
April 26, 2024
On April 5, 2024, Nova Scotia passed the Financial Measures Act (“Bill 419”), which includes changes to the Pensions Benefits Act (“PBA“) pertaining to shortened life expectancy and non-resident unlocking rules. While the PBA currently permits unlocking in cases of shortened life expectancy, it specifies that the pension may be varied to account for shortened
Practice Area
Pension and Benefits
Michael Mazzuca Quoted in Daily Commercial News Article on Ontario’s Permanent Framework for Target Benefits
April 23, 2024
Michael Mazzuca was quoted in a Daily Commercial News article on Ontario’s new framework for Target Benefit Multi-Employer Pension Plans: To view the article, please click here.
KM Lawyers Shortlisted for two 2024 Benchmark Litigation Canada Awards
April 19, 2024
We are pleased to announce that Koskie Minsky has been shortlisted for two Benchmark Litigation Canada Awards: Plaintiff Firm of the Year, Koskie Minsky LLP Plaintiff Litigator of the Year, James Sayce Following months of peer review-based research and submission reviews, the Benchmark team has uncovered the most impactful cases, the lawyers and law firms
Budget 2024 – Pension and Employee Benefit Plan Roundup
April 17, 2024
The Federal Government issued Budget 2024 yesterday. In this post, we discuss announcements relating to pension funds, employee ownership trusts, and worker cooperatives. Budget 2024 did not introduce any significant substantive measures relating to pension plans or employee life and health trusts. Moreover, Budget 2024 did not address the application of the new trust reporting
Practice Area
Pension and Benefits
Ontario Budget Proceeds with Pension Benefits Act Amendments to Implement a New Target Benefit Pension Plan Framework
April 8, 2024
On March 26, 2024, the Government of Ontario released its 2024 budget. The budget reaffirmed the Ontario Government’s intention to implement a permanent framework for target benefit pension plans as of January 1, 2025. The Government indicated that it intends to publish draft regulations in the summer of 2024, which will take into consideration feedback
Practice Area
Pension and Benefits
Five KM Lawyers Recognized in The 2024 Lawdragon 500 Global Plaintiff Lawyers List
April 5, 2024
We are pleased to announce that five KM lawyers have been recognized in The 2024 Lawdragon 500 Global Plaintiff Lawyers list, for their work on Plaintiff Class Action Litigation: Kirk Baert Celeste Poltak Jonathan Ptak David Rosenfeld James Sayce This inaugural edition recognizes a remarkable, globe-spanning group of advocates who are forging a new day
Kirk Baert Offers Commentary in Law360 Canada Article
April 4, 2024
Kirk Baert, a Partner in the Class Actions Department, offered commentary on access to justice issues in the Law360 Canada article: Federal Court and Federal Court of Appeal float ideas for reforming their rules, seek bar’s input.
Bill 149 Receives Royal Assent – New ESA Requirements for Vacation Pay, Deductions and Job Postings
March 26, 2024
On March 21, 2024, Bill 149 – Working for Workers Four Act, 2024 received Royal Assent. Initially announced on November 14, 2023, Bill 149 introduces various legislative changes including the following amendments to the Employment Standards Act, 2000 (“ESA“): As of March 21, 2024: Work performed during a trial period will now fall within the
Expertise
Employment Law
The Federal Court of Appeal Upholds Board Decision to “Punish” the Correctional Service of Canada by Awarding $310,000 for Psychological Harm and Punitive Damages
March 12, 2024
On February 6, 2024, the Federal Court of Appeal (the “Court”) dismissed a judicial review application brought by the Attorney General of Canada (the “AGC”) in Canada (Attorney General) v. Lyons, 2024 FCA 26. In that ruling, the Court found the decision of the Federal Public Sector Labour Relations and Employment Board (the “Board”) in
Practice Area
Labour Law
What’s In A Name? $18,000 Awarded To Transgender Man Who Was Misgendered And Deadnamed At Work
March 8, 2024
The Canadian Human Rights Tribunal (“CHRT” or “Tribunal”) ruled in Bilac v. Abbey, Currie and NC Tractor Services Inc., 2023 CHRT 43 (CanLII), that misgendering and deadnaming an employee who specifically and repeatedly asked to have their gender identity respected is a discriminatory practice that is contrary to the Canadian Human Rights Act (“CHRA”). The Tribunal affirmed
Expertise
Employment Law
Nineteen KM Lawyers Listed In The Canadian Legal Lexpert Directory 2024
March 5, 2024
Koskie Minsky LLP is pleased to announce that 19 of the Firm’s lawyers were chosen by their fellow professionals to be listed in the 2024 edition of The Canadian Legal Lexpert Directory. The Canadian Legal Lexpert Directory compiles lists of outstanding professionals by conducting peer-review surveys in which thousands of leading lawyers confidentially evaluate their
Failure to Communicate Policies to Employees Results in almost $2M in Damages
March 4, 2024
In a decision of the Honourable Mr. Justice Cavanagh released January 2, 2024, Boyer v. Callidus Capital Corp., [2024] O.J. No. 41, 2024 ONSC 20, the Court held that an employer had not clearly communicated the restrictive terms of its policies with respect to vacation carry-over, deferred bonus payment and the exercise of stock options, and
Expertise
Employment Law
Michael Mazzuca to Speak at SHARE’s Pension Trustee Boot Camp
March 5, 2024
Michael Mazzuca will be speaking at SHARE’s Pension Trustee Boot Camp on March 5. The annual Boot Camp provides a thorough introduction to pension investment and governance. The Program will take place at the Westin Bayshore in Vancouver. To view the agenda, please click here.
Michael Mazzuca At The International Foundation Of Employee Benefit Plan’s Institute For Apprenticeship, Training And Education Program
January 22, 2024
Michael Mazzuca spoke at the International Foundation of Employee Benefit Plan’s Institute for Apprenticeship, Training and Education Program on January 22, 2024. The program took place at The Mirage, Las Vegas, NV. Michael spoke on “Canadian Legal and Legislative Update.” For more information about the Program, please click here.
Ontario Not-for-Profit Corporations Act, 2010 (ONCA)
January 18, 2024
The Not-for-Profit Corporations Act, 2010 (Ontario) (the “ONCA”) came into force and replaced the predecessor legislation governing Ontario not-for-profit corporations, the Corporations Act (Ontario) (the “OCA”). Among other things, the ONCA streamlines the incorporation of Ontario not-for-profit corporations (“NFPs”), simplifies certain processes including those in connection with registrations, searches and filing annual returns, introduces a
Practice Area
Labour Law, Pension and Benefits
Demetrios Yiokaris And Niki Manwani Set Aside Firm Mareva
January 10, 2024
Demetrios Yiokaris and Niki Manwani recently succeeded setting aside a mareva order. This appears to be the only time that an Ontario Court has set aside a firm mareva on a contested basis. To read the decision, please click here.
Demetrios Yiokaris And Niki Manwani Win Important Regulatory Decision for the HCRA
January 10, 2024
Koskie Minsky LLP acts as counsel to the Home Construction Regulatory Authority (HCRA), which is the regulator for new home builders and vendors in Ontario. Demetrios Yiokaris and Niki Manwani recently succeeded before the Divisional Court in overturning the interpretation by the License Appeal Tribunal (LAT) of the “integrity and honesty” provisions in the New Home
Three KM Lawyers Recognized In The 2024 Lexpert/ALM 500 Directory
January 9, 2024
We are pleased to announce that three of the Firm’s lawyers have been chosen by their fellow professionals to be listed in the 2024 Lexpert/ALM 500 Directory. The identification of leading practitioners and firms is based upon a comprehensive annual survey, ongoing since 1994. The selected lawyers have been recommended by their law firm leaders.
Nancy Shapiro To Speak At The Canadian Lawyer Employment Law Masterclass
January 2, 2024
Nancy Shapiro will be speaking at the online event hosted by the Canadian Lawyer Employment Law masterclass on February 15, 2024, regarding “Key employment contract and policies considerations: Focus on terminations.” Nancy will also take part in a panel discussion on: “Best practices for mitigating the risk of constructive dismissal and without cause termination cases.”
2023 Fall Economic Statement – Pension Fund Investment Announcements
December 5, 2023
The Federal Government’s 2023 Fall Economic Statement included three significant announcements regarding pension fund investments, which we unpack in this post: That the Government will “work collaboratively” with Canadian pension funds to “create an environment that encourages and identifies more opportunities for investments in Canada”. That the Government will “explore” removing the “30 per cent
Practice Area
Pension and Benefits
Koskie Minsky Recognized by The Globe and Mail as one of Canada’s Best Law Firms for 2024
November 15, 2023
Koskie Minsky has once again been recognized by the Globe and Mail as one of Canada’s Best Law Firms for 2024 in the area of Labour & Employment Law. The award list is presented by The Globe and Mail and Statista Inc. Approximately 25,000 lawyers were actively invited to take part in the survey and the
Fall Compliance Checkup – and December 31, 2023 AODA Deadline
October 30, 2023
We assist clients manage all kinds of risks associated with employment. Legislative compliance is one such risk. Let’s address frequently neglected obligations of an employer that we are rarely asked about. It is fall, almost Halloween, and we are not here to scare you, but how about an HR check-up? If you are a provincially-regulated
Expertise
Employment Law
Ontario Labour Relations Board finds employer cannot use results of post-incident drug test to suspend or dismiss employee
October 19, 2023
A recent decision of the Ontario Labour Relations Board found that the Employer could not use the results of a post-incident drug test to suspend or dismiss the employee. The Grievor reversed a vehicle into the hitch of a trailer damaging the door of the vehicle. The incident analysis, as conducted by the company, indicated
Practice Area
Labour Law
Martin Ejidra To Speak At The 2023 Certificate In Canadian Benefits Plans Program
October 12, 2023
Martin Ejidra will be speaking at the Certificate in Canadian Benefit Plans Program in Boston, MA on October 16-18, 2023. The Certificate in Canadian Benefit Plans provides a solid introduction to Canadian employee benefits, pensions and human resource practices. Whether you work directly with a Canadian plan or are employed by a U.S. company with affiliates in Canada,
Busayo A. Faderin to Speak at CABL’s Annual Conference
October 6, 2023
On October 12, 2023, Busayo will participate in the Canadian Association of Black Lawyers (CABL) Annual Conference panel: Adapting to the New World of Work: Navigating Trends and Challenges. The panel will explore the ever-evolving employment landscape in the post-pandemic era. Law firms, lawyers, clients, and regulators are adapting in an increasingly borderless world, with shifting
Am I entitled to compensation for my office moving and my commute increasing?
October 2, 2023
THE QUESTION The company I work for is moving its head office. That will increase my commute time to 80 minutes from 20, plus additional costs to pay for public transit. The ability to walk to work was a factor in choosing this job. Am I entitled to any compensation for the office relocation? I
Expertise
Employment Law
National Day for Truth and Reconciliation
September 29, 2023
On September 30, we will recognize Canada’s third National Day for Truth and Reconciliation which honours the thousands of lost children and the survivors of residential schools, their families and their Indigenous communities. What is the National Day for Truth and Reconciliation? This public commemoration of the tragic and painful history and ongoing impact of
Koskie Minsky Ranked in the 2024 Edition of Chambers Canada
September 28, 2023
Koskie Minsky is proud to have once again been ranked in the 2024 edition of Chambers Canada. Koskie Minsky earned 2 Band 1 rankings, Chambers’ highest distinction. In addition to Koskie Minsky’s practice band rankings, 12 lawyers were recognized as leaders across 3 practice areas. Dispute Resolution: Class Action (Plaintiff) Employment & Labour: Labour for
Ontario Ministry of Finance Releases Revised Consultation Paper on Target Benefit Plans
September 14, 2023
Overview On September 1, 2023, the Ontario Ministry of Finance released a revised consultation paper on proposed amendments to the Pension Benefits Act (the “PBA”) and the regulations under the PBA to implement a permanent regulatory framework governing target benefit plans. The revised consultation paper, entitled “A Permanent Framework for Target Benefits: Revised Proposals,” reflects
Practice Area
Pension and Benefits
Alan Minsky, K.C., Recipient of the IF’s Canadian Lifetime Volunteer Award
September 7, 2023
One of Koskie Minsky’s founding partners, Alan Minsky K.C., will be honoured this year with an award for his dedication and contribution to pension and benefits law during his career. Alan will be presented with the International Foundation of Employee Benefit Plans’ 2023 Canadian Lifetime Volunteer Award on Monday September 11, 2023, at the 56th
Twenty One KM Lawyers Listed In The 18th edition of The Best Lawyers in Canada™
August 24, 2023
We are pleased to announce that 21 of the Firm’s lawyers were chosen by their fellow professionals to be listed in the 18th Edition of The Best Lawyers in Canada. Below is a complete list of KM lawyers, by practice area, recognized in the 18th Edition of The Best Lawyers in Canada: Jeffrey Armel – Construction
Six KM Lawyers Named To 2024 Best Lawyers: Ones To Watch In Canada™
August 24, 2023
We are pleased to announce that 6 KM lawyers have been included in the 2024 edition of Best Lawyers: Ones to Watch in Canada. Best Lawyers: Ones to Watch in Canada recognizes associates and other lawyers who are earlier in their careers for their outstanding professional excellence in private practice in Canada. Kamal Bakhazi – Labour and
Michael Mazzuca Serving as an Instructor at the IF’s MTMS Program
August 21, 2023
Michael will be serving as an Instructor at the International Foundation’s Master of Trust Management Standards (MTMS) Program. The Master of Trust Management Standards (MTMS) is an educational program for trustees that builds upon the key knowledge areas in FTMS and ATMS, a next step that challenges trustees to take a leadership role in their
Federal Government Releases Consultation Draft Of Amendment To Rules Governing Specified Multi-Employer Pension Plans
August 10, 2023
On August 4, the federal government released a series of technical draft amendments to the Income Tax Act (Canada) and the Income Tax Regulations (the “ITRs”) to implement previously announced commitments in Budget, 2023. Among the proposed measures included in these amendments are changes to the rules governing specified multi-employer plans (“SMEPs”) under s. 8510
Practice Area
Pension and Benefits
WSIAT: Injured Worker Entitled to Reimbursement for Medical Cannabis
August 10, 2023
Koskie Minsky acted in a recent case before the Workplace Safety and Insurance Appeals Tribunal (the “WSIAT”), where David Ragni, a lawyer in our labour department, successfully argued that an injured worker was entitled to reimbursement for medical cannabis purchased from Compassion Clubs without receipts. Background In 2007, the injured worker received authorization from Health
Practice Area
Labour Law
OPC Updates Workplace Privacy Guidance
July 31, 2023
On May 29, 2023, for the first time in 19 years, the Office of the Privacy Commissioner of Canada (“OPC”) updated their guidance concerning privacy in the workplace and the application of the Personal Information Protection and Electronic Documents Act (“PIPEDA”). The guidance clarifies employee privacy rights, constrains employee monitoring and clarifies practical tips for
Expertise
Privacy and Compliance, Employment Law
Padraigin Murphy authors article for the Canadian Tax Foundation
July 31, 2023
Padraigin Murphy has authored an article for the Canadian Tax Foundation on Pension Funds Facing Withholding Tax Issues in EU Countries. To read the article, please click here.
CAPSA Opens Consultation on New Risk Management Guideline
July 31, 2023
In June 2023, the Canadian Association of Pension Supervisory Authorities released detailed draft guidelines on pension plan risk management. CAPSA is inviting submissions from pensions stakeholders until September 30, 2023. This guidance builds on previously released CAPSA guidelines on governance, funding, and investment practices, and provides specific recommendations on risk management, third-party risk, cyber risk,
Practice Area
Pension and Benefits
Ontario Government Proposes Extension to SOMEPP Regulations
July 28, 2023
On July 1, 2023, the Ontario government published proposed regulations that would extend the Specified Ontario Multi-Employer Pension Plan (“SOMEPP”) regime for the period from January 1, 2024 to January 1, 2025. The proposed regulations are publicly available online on the Ontario Regulatory Registry. These regulations were initially introduced in 2007, to provide temporary solvency
Practice Area
Pension and Benefits
Karine Bédard Member of the OBA Class Actions Law Section Executive
July 25, 2023
We are pleased to announce that Karine is serving on the executive of the Ontario Bar Association’s class action section for the 2023-2024 term.
Workplace Harassment Reports are not Defamatory
July 17, 2023
The Ontario Court of Appeal has now issued a decision confirming the law with respect to workplace harassment investigation reports, wherein the investigator /author of the report, will not be liable for defamation for the findings in the report. In the case at bar, the employer, through legal counsel, retained the service of a workplace
Expertise
Employment Law
Mark Zigler and George Dzuro to Speak at the 56th Annual Employee Benefits Conference
July 13, 2023
Mark Zigler and George Dzuro will be speaking at the IF’s 56th Annual Employee Benefits Conference, September 10-13, 2023. The Conference will take place at the Palais des congrès de Montréal in Montréal, Québec. Mark will take part in a panel discussion on Legal/Legislative Developments — Central Canada and George will participate in a panel
Practice Area
Pension and Benefits
Busayo Faderin to Guest Lecture at Humber College
July 12, 2023
Busayo will be delivering a guest lecture on Human Rights and Employment Law for Humber College’s Paralegal Education Program on July 18, 2023. The Employment Law Course of the Paralegal Education Program introduces students to the law affecting employment in Ontario, including employment standards, human rights, occupational health and safety, pay equity, labour relations and
Michael Mazzuca Serving as Instructor at the IF’s MTMS Program
June 27, 2023
Michael will be serving as an Instructor for the International Foundation’s Master of Trust Management Standards (MTMS) Program. The Master of Trust Management Standards (MTMS) is an educational program for trustees that builds upon the key knowledge areas in FTMS and ATMS, a next step that challenges trustees to take a leadership role in their
Flags and Rainbows: Ontario Divisional Court Dismisses Application for Judicial Review of School Board Decision Denying Applicant Request to Present on the Flying of the Rainbow Pride Flag at Ontario Schools
June 26, 2023
In a recent decision of the Ontario Divisional Court, the Court dismissed an application for judicial review of an administrative decision by the Bluewater District School Board (“the Board”). In Gillies v Bluewater District School Board 2023 ONSC 1625 (CanLII), the applicant sought to quash the decision together with a declaration that the decision unjustifiably violated her
Expertise
Employment Law
Mireille Giroux Appointed Vice Chair of the Ontario Labour Relations Board
June 7, 2023
Koskie Minsky LLP is very proud to announce that Mireille Giroux has been appointed by the Government of Ontario to serve as a full-time Vice Chair of the Ontario Labour Relations Board. Mireille Giroux joins a distinguished group of other KM alumni who have held and continue to hold prominent roles at the Ontario Labour
Temporary Layoff and Condonation – A Surprising Court of Appeal Decision
April 19, 2023
In a recent decision of the Ontario Court of Appeal, the court considered a case of pandemic layoff and whether 9 months after the layoff occurred, the employee could be said to have condoned the layoff. The Court of Appeal relied upon one of its earlier decisions in McGuinty v. 1845035 Ontario Inc., 2020 ONCA
Expertise
Employment Law
Michael Mazzuca to Present at the IF’s Legal & Legislative Update
April 18, 2023
Michael Mazzuca will present “Cross-Country Benefits Check-Up” as a part of the International Foundation of Employee Benefit Plan’s program: Canadian Legal & Legislative Update, on May 17, 2023. The program will take place at the Westin Nashville in Nashville, Tennessee. To learn more about the IFEBP program, click here.
Busayo A. Faderin to speak at Evidence Tips & Tricks for Early Career Litigators | MAY 12, 2023 HYBRID
April 14, 2023
Busayo Faderin will be presenting on the panel, A Quick Review: Key Legislation and Case Law to Remember, hosted by the Ontario Bar Association on May 12, 2023. The program is currently scheduled as an in-person program with a webcast option. For more information about the event and to register, please click here.
Busayo A. Faderin to speak at 21st Annual Current Issues in Employment Law | APRIL 25, 2023 HYBRID
April 14, 2023
Busayo Faderin will be presenting on the panel, Workplace Privacy: Electronic Monitoring of Employees, hosted by the Ontario Bar Association on April 25, 2023. This program is currently scheduled as an in-person program with a live webcast option. For more information about the event and to register, please click here.
Time Theft, Just Cause and Electronic Monitoring Software
April 10, 2023
Can I be fired for time theft? Is my employer allowed to electronically monitor me? The quick answer to both questions is yes. While the standard for establishing a termination for cause is high, there are circumstances in which a court will uphold such a decision by an employer to terminate an employee without notice—typically,
Expertise
Employment Law
Nancy Shapiro selected as one of Canadian HR Reporter’s 5-Star Employment Lawyers!
April 5, 2023
We are pleased to announce that Nancy Shapiro has been selected as one of Canadian HR Reporter’s 5-Star Employment Lawyers for 2023. She, and the other winners, are featured on the Canadian HR Reporter’s website here. Nancy Shapiro has over 20 years of experience and is recognized by Lexpert, Best Lawyers and Chambers Canada as
2023 Federal and Ontario Budget Proposals in Support of Skilled Trades
March 30, 2023
Both the federal and Ontario 2023 budgets include measures intended to draw and maintain workers in the skilled trades. Both budgets tie the need for more workers in the skilled trades to plans to increase the building of new homes in the coming years. Canada’s 2023 Budget aims to assist tradespeople in purchasing equipment through
Practice Area
Pension and Benefits, Labour Law
2023 Federal Budget – Registered Savings Plan and Employee Benefit Plan Roundup
March 30, 2023
Canada’s 2023 Budget proposes to increase RESP withdrawal limits and to make various changes that will make it easier for individuals to establish and maintain Registered Education Savings Plan (“RESP”) and Registered Disability Savings Plan (“RDSP”) for family members. Budget 2023 also proposes approximately $13 billion over the next five years to implement the national
Practice Area
Pension and Benefits
Demetrios Yiokaris and Katherine Ferreira protect new home purchasers
March 20, 2023
Koskie Minsky LLP acts as counsel to the Home Construction Regulatory Authority (HCRA), which is the regulator for new home builders and vendors in Ontario. Demetrios Yiokaris and Katherine Ferreira recently succeeded in having the license of Albion Building Consultant Inc. revoked after a week long hearing. This decision recently received positive media attention from
Ontario Releases Consultation Paper on Framework for Target Benefits
March 16, 2023
On March 14, 2023, the Ontario Ministry of Finance released its long-anticipated consultation paper on the regulatory framework intended to govern target benefit plans, “A Permanent Framework for Target Benefits.” The proposal can be accessed online at https://www.ontariocanada.com/registry/view.do?postingId=44107&language=en. BACKGROUND In 2007, the Ontario government introduced temporary funding measures, permitting multi-employer pension plans that satisfied prescribed
Practice Area
Pension and Benefits
Eighteen KM Lawyers Listed In The Canadian Legal Lexpert Directory 2023
March 2, 2023
Koskie Minsky LLP is pleased to announce that 18 of the Firm’s lawyers were chosen by their fellow professionals to be listed in the 2023 edition of The Canadian Legal Lexpert Directory. The Canadian Legal Lexpert Directory compiles lists of outstanding professionals by conducting peer-review surveys in which thousands of leading lawyers confidentially evaluate their
Kirk Baert recognized as a Lexpert-ranked lawyer in the 2023 Lexpert/ ALM 500 Directory
March 1, 2023
Kirk Baert was voted as one of the 2023 Leading Legal Practitioners across Canada based on an extensive peer survey process. The identification of leading practitioners and firms is based upon a comprehensive annual survey, ongoing since 1994. The selected lawyers have been recommended by their law firm leaders. They are acknowledged as leaders in
Illegal Termination Provision Entitles Terminated Employee to Payment for Entire Fixed-Term Agreement
February 22, 2023
Since being released, Ontario courts have applied Waksdale v. Swegon North America Inc., 2020 ONCA 391 (“Waksdale“) and held that where a ‘for cause’ provision violates the Employment Standards Act, 2000 (“ESA“), all clauses in the employment contract are void and unenforceable, thus entitling employees to full common law notice. This was no different in
Expertise
Employment Law
Busayo Faderin Quoted In Canadian HR Reporter
February 17, 2023
Busayo Farderin was quoted in the Canadian HR Reporter article, “Why HR should care about new violence and harassment treaty” To read the article, please click here.
Have you made your 2023 New Years Human Resource Resolutions?
January 9, 2023
As we start off the new year it is a good time to review your practices and think of adopting some new ones. What are the ways to do what you do better? Here are a few thoughts on what we see businesses missing or getting wrong with great frequency. Not updating policies Your Workplace
Expertise
Employment Law
The Federal Public Sector Labour Relations and Employment Board Decides to “Punish” the Correctional Service of Canada by Awarding $310,000 for Psychological Harm and Punitive Damages
December 1, 2022
Lyons v Deputy Head (Correctional Service of Canada), 2022 FPSLREB 95 On November 21, 2022, the Federal Public Sector Labour Relations and Employment Board (the “Board”) released its decision in Lyons v Deputy Head (Correctional Service of Canada), 2022 FPSLREB 95. This decision follows the Board’s previous ruling in Lyons v Deputy Head (Correctional Service
Practice Area
Labour Law
Andrew Hatnay in the News about Laurentian University CCAA
November 11, 2022
To review the news articles, please click on the links below: Thorneloe appeals denial of $9.8M claim against Laurentian – Sudbury.com Thorneloe shouldn’t be held responsible for mismanagement at LU, court hears – CTV News Laurentian has ‘path forward’ after 1st phase of restructuring, but can’t rest on laurels, court hears – Sudbury.com Laurentian created ‘manufactured crisis’
Nancy Shapiro Selected As One Of Post City Magazine’s Top Lawyers In The GTA
November 4, 2022
We are excited to announce that Nancy Shapiro has been selected by her peers as one of Post City Magazine’s Top Lawyers in the GTA. She, and the other winners, are featured in the November issue of Post City Magazines. Nancy Shapiro has over 20 years of experience and is recognized by Lexpert, Best Lawyers and
Koskie Minsky LLP Statement in Support of Education Sector Workers
November 3, 2022
The right of workers to collectively bargain, which includes the right to strike, is the bedrock upon which Ontario’s labour relations regime has been built since the end of the Second World War. The gains unionized workers have made through the collective bargaining process over the decades has improved the working lives of unionized and
The Keeping Students in Class Act
November 2, 2022
On October 31, 2022 the Ontario government introduced Bill 28 (“Bill 28”), the Keeping Students in Class Act. The Bill involves a broad and aggressive legislative attack on the constitutional rights of workers to engage in collective bargaining. Bill 28 arrived in the midst of ongoing bargaining between the government and education workers represented by
Practice Area
Labour Law
Demetrios Yiokaris Quoted In Article by the Lawyers Daily in Fraud and Conspiracy Case
October 19, 2022
Demetrios Yiokaris, a Partner in the Litigation Department, successfully defended a real estate lawyer in a fraud and conspiracy matter. The Ontario Court of Appeal recently dismissed an appeal of a June 2021 decision that found a real estate transaction, which concluded unfavourably for the appellant, was not due to fraud or conspiracy on the
Ontario launches consultation on portable benefits program
October 17, 2022
The Ontario government is conducting a consultation regarding a portable benefits program for part-time, temporary and contract workers. This program would attach health and dental benefits to workers rather than to employers. No potential aspects of plan design or administration have yet been shared. The Ontario Health Insurance Plan (“OHIP”) covers services such as visits
Practice Area
Pension and Benefits
Careful Drafting and Reasonable Limits Remain Key in Non-Compete Provisions
October 11, 2022
While the 2021 ESA amendments relating to non-competition agreements are likely to limit the circumstances in which such agreements can or will be used in the future, non-competition agreements that were in place prior to the ESA amendments remain unaffected. The legal enforceability of non-competition agreements that pre-date the ESA amendments continue to hinge on
Expertise
Employment Law
Koskie Minsky Top-Ranked In The 2023 Chambers Canada Guide
September 29, 2022
We are pleased to announce that once again Koskie Minsky has been recognized as a top-ranked (Band 1) law firm by Chambers Canada in the areas of: Employment & Labour: Labour for Unions Dispute Resolution: Class Action (Plaintiff) Pensions & Benefits Congratulations to all of our ranked lawyers!
Arleen Huggins To Speak At The HRPA 2022 Annual HR Law Conference
September 28, 2022
Arleen Huggins will be speaking at the HRPA 2022 Annual HR Law Conference on October 26, 2022. Arleen will be participating in a panel discussion focused on “A Retrospective of 30 Years in HR Law”. For more information about the conference, please click here.
Camille Dunbar on CBC Radio’s Ontario Today
September 21, 2022
Camille Dunbar will be on the CBC- Radio Ontario program, Ontario Today. The program will air tomorrow, September 22, 2022, from noon to 1:00 p.m., and will focus on the new electronic monitoring legislation.
Congratulations Scarlett Forest On Winning the CBA’s “In the Public Interest” Student Essay Contest
September 19, 2022
Scarlett Forest, a current Articling student, has been announced as the 2022 winner of the Canadian Bar Association’s “In the Public Interest” Student Essay Contest. The award is presented annually for the best scholarly paper received about the contribution of public sector lawyers or an important development in the law affecting public sector lawyers in
Employers: Be Prepared to Show Why an Employee’s Human Rights Protected Ground Was Not a Factor in Termination Decision
September 12, 2022
In Luckman v. Bell Canada, 2022 CHRT 18, the Canadian Human Rights Tribunal (“Tribunal“) ordered the employer, Bell Canada (“Bell“), to pay more than $120,000 in damages to a former employee who was recklessly terminated by Bell. The Tribunal held that the respondent employer discriminated against the complainant contrary to section 7 of the Canadian Human Rights Act, RSC
Expertise
Employment Law
Nancy Shapiro Named 2023 Best Lawyers™ “Lawyer of the Year” in the Toronto Area.
August 25, 2022
We are pleased to announce that Nancy Shapiro was recently recognized by Best Lawyers™ as the 2023 “Lawyer of the Year” for Labour and Employment Law. Only a single lawyer in each practice area and designated metropolitan area is honored as the “Lawyer of the Year,” making this accolade particularly significant. These lawyers are selected
Twenty KM Lawyers Listed In The 17th Edition Of The Best Lawyers In Canada®
August 25, 2022
We are pleased to announce that 20 of the Firm’s lawyers were chosen by their fellow professionals to be listed in the 17th Edition of The Best Lawyers in Canada. Below is a complete list of KM lawyers, by practice area, recognized in the 17th Edition of The Best Lawyers in Canada: Jeffrey Armel – Construction
Seven KM Lawyers Named to 2023 Best Lawyers: Ones to Watch in Canada™
August 25, 2022
We are pleased to announce that 7 KM lawyers have been included in the 2023 edition of Best Lawyers: Ones to Watch in Canada. Best Lawyers: Ones to Watch in Canada recognizes associates and other lawyers who are earlier in their careers for their outstanding professional excellence in private practice in Canada. Kamal Bakhazi – Labour and Employment
Murray Gold to co-chair 2nd Osgoode Certificate in ESG, Climate Risk & the Law
August 17, 2022
Murray Gold is co-chairing the 2nd Osgoode Certificate in ESG, Climate Risk & the Law component ‘Strategic ESG Governance Topics & Pension Fund Governance’ on October 6, 2022. On that day, Murray will also be speaking about ‘Pension Fund Approaches for Offsets, Standards and Related Challenges’.
Murray Gold and Kathryn Bush to present at the IFEBP’s ‘Canadian Legal and Legislative Update’ webcast
August 17, 2022
Murray Gold and Kathryn Bush are jointly presenting a ‘Canadian Legal and Legislative Update’ webcast on September 6, 2022, sponsored by the International Foundation of Employee Benefit Plans.
Camille Dunbar on CBC Radio’s Ontario Today
August 15, 2022
Camille Dunbar will be on the CBC- Radio Ontario program, Ontario Today. The program will air on August 16, 2022 from noon to 1:00 p.m., and will focus on the return to work and all of the various scenarios employers and employees are facing.
Mason v. The Queen, 2022 TCC 65
August 10, 2022
In a recent decision in Mason v. The Queen, the Honourable Justice Dominique Lafleur of the Tax Court of Canada held that motor vehicle expenses that a construction foreman incurred driving to and from his home and his employer’s worksites were deductible under section 8(1)(h.1) of the Income Tax Act, R.S.C., 1985, c. 1 (5th
Practice Area
Pension and Benefits
Nancy Shapiro To Speak At The Employment Law Masterclass Toronto
August 10, 2022
Nancy Shapiro will be speaking at the online event, The Employment Law Masterclass Toronto, on September 8, 2022. Nancy will take part in a panel discussion on: Understanding recent trends in just cause terminations to limit exposure to legal issues. The panel will examine recent trends and themes in just cause termination cases, and identify what
Nancy Shapiro To Speak At The CBA Webinar: Constructive Dismissal: Basic Principles, Emerging Trends and Everything in Between
August 10, 2022
Nancy Shapiro will be speaking at the CBA Labour and Employment Law Section Webinar, Constructive Dismissal: Basic Principles, Emerging Trends and Everything in Between, on September 28, 2022. Constructive dismissal is one of the most vexing topics in employment law. This webinar will cover basic principles, the latest cases from the SCC and appellate courts.
What is exceptional? How to get more than 24 months notice of termination…
August 8, 2022
The Ontario Court of Appeal in the 2019 decision of Dawe v. the Equitable Life Insurance Company of Canada held that only exceptional circumstances would support the award of a notice period in excess of 24 months in relation to the termination of someone’s employment. Recently they had occasion to review that decision. At trial
Expertise
Employment Law
Yellow Pages Pensioners’ Group Announces Agreement with Yellow Pages on Additional Funding for Pension Plan
August 5, 2022
We are pleased to announce that our client, the Yellow Pages Pensioners’ Group (“YPPG”), has reached an agreement with Yellow Pages as part of Yellow Pages’ recent “share buy-back” transaction. The agreement will see a total payment of $30M paid to the pension plan in 2022 to improve the funded status of the pension plan.
Revenu Quebec Announces New Incentive for Remittance of Unclaimed Financial Assets
August 5, 2022
On June 1, 2022, Revenu Quebec announced a new incentive program to encourage holders of unclaimed financial assets to remit these assets to Revenu Quebec. The Unclaimed Property Act imposes obligations on holders of unclaimed property – which includes benefits under a registered pension plan – to report and remit unclaimed financial assets to Revenu
Practice Area
Pension and Benefits
Mark Zigler to Speak at The International Foundation Of Employee Benefit Plans’ 55th Annual Canadian Employee Benefits Conference
August 5, 2022
Mark Zigler will be speaking at the 55th Annual Canadian Employee Benefits Conference in New Orleans, Louisiana, on November 21, 2022. Mark will take part in a panel discussion on: Legal/Legislative Developments Across Canada. The panel will discuss proposed and recently passed legislation and regulations as well as court decisions affecting pension and health and
Paid and Deemed Infectious Disease Emergency Leaves Set to Expire
July 15, 2022
After a series of extensions, deemed infectious disease emergency leave (“deemed IDEL”) will expire on July 30, 2022, and paid infectious disease emergency leave (“paid IDEL”) is set to expire on July 31, 2022. Deemed IDEL Recap Subject to certain exceptions, the Ontario government instituted temporary relief from Employment Standards Act, 2000 (“ESA”) termination and
Expertise
Employment Law
Arbitrators Split in Two Recent Decisions on Whether Two-Dose COVID-19 Vaccine Mandates Continue to be Reasonable as Pandemic Evolves
July 6, 2022
As public health responses adapt to an ongoing and evolving COVID-19 pandemic, now dominated by the Omicron variant, arbitrators continue to consider whether mandatory workplace vaccination policies remain reasonable. In two recent decisions, Alectra Utilities Corporation v Power Workers’ Union and FCA Canada Inc. v Unifor, Locals 195, 444, 1285, labour arbitrators recognized the importance
Practice Area
Labour Law
Martin Ejidra to Speak at the 2022 Certificate in Canadian Benefits Plans Program
July 5, 2022
Martin Ejidra will be speaking at the Certificate in Canadian Benefit Plans Program in Seattle on August 22-24. The Certificate in Canadian Benefit Plans is the perfect introduction to the world of Canadian employee benefits, pensions and human resources practices. This intensive 3-day program offers unmatched opportunities for live, hands-on learning, networking with your peers
Arleen Huggins to Speak at The International Foundation of Employee Benefit Plans’ 55th Annual Canadian Employee Benefits Conference
July 5, 2022
Arleen Huggins will be speaking at the 55th Annual Canadian Employee Benefits Conference in New Orleans, Louisiana, on November 22, 2022. Arleen will take part in a panel discussion with Karen M. DeBortoli and Allison Tremblay on: Going Beyond Lip Service—A Deeper Look at Diversity and Inclusion in Pension and Benefit Plans. The panel will
Arleen Huggins to Speak at the 2022 FBS Annual Conference
November 3, 2022 - November 4, 2022
Arleen Huggins will be speaking at the 2022 FBS Annual Conference, which will be held in Ottawa from November 3-4, 2022. Arleen will participate in a panel discussion focused on the legal and human rights framework of Identity, Citizenship, and Membership, within the context of hiring and other aspects of the employment relationship. More information
Workplace Policy Housekeeping June 2022
June 27, 2022
With the summer months here and many workplaces and employees focused on upcoming time off, it is important that workplaces ensure that they are up to date on new workplace requirements in Ontario. Right to Disconnect Policy For the first year of this new requirement, employers that employed 25 or more employees on January 1,
Expertise
Employment Law
Nancy Shapiro To Speak At the 2022 CAN-TECH Law Spring Conference: Moving Fast Without Breaking Things
June 3, 2022
Nancy Shapiro will be speaking at the online conference hosted by CAN TECH on June 8, 2022. Nancy’s session will focus on “Electronic Monitoring in the Workplace.” For more information about the conference, please click here
Sara Tatelman authors column for Benefits Canada
June 2, 2022
Sara Tatelman has authored a column for Benefits Canada: Expert panel: How employers can design health benefits, retirement plans for gig workers. To read the column, please click here.
Secret Recording of Workplace Meetings was Cause for Termination
May 9, 2022
It is not a criminal act to record conversations where you have the consent of one of the parties, typically by the one who is doing the recording. However, we now have a case out of British Columbia finding, criminal or not, it was an invasion of privacy and was cause for the termination of
Expertise
Employment Law
Government of Ontario Announces Increase to General Minimum Wage
April 20, 2022
On April 5, 2022, the Government of Ontario announced that the general minimum wage rate will increase to $15.50 per hour on October 1, 2022. This increase will represent a $0.50 increase from the $15.00 per hour minimum wage which was implemented on January 1, 2022. The general and specialized minimum wage rates that will
Expertise
Employment Law
Federal Government Releases 2022 Budget
April 8, 2022
On April 7, 2022, Finance Minister Chrystia Freeland tabled the federal government’s (the “Government“) 2022 budget (the “2022 Budget“), entitled “A Plan to Grow Our Economy and Make Life More Affordable”. Of particular interest to unions and pension and benefit plan administrators are announcements concerning public dental and pharmacare programs, the loosening of borrowing rules
Practice Area
Pension and Benefits
Kirk Baert named Fellow of the International Academy of Trial Lawyers
March 22, 2022
We are very pleased to announce that Kirk Baert, a Class Actions Partner at Koskie Minsky, received the title of Fellow by the International Academy of Trial Lawyers (IATL), during a ceremony in Los Angeles, California, on March 19, 2022. The IATL limits Fellowship to 500 active trial lawyers and seeks out Fellows who have
Nancy Shapiro to speak at the Canadian Lawyer Employment Law Masterclass
March 3, 2022
Nancy Shapiro will be speaking at the online event hosted by the Canadian Lawyer Employment Law masterclass on April 28, 2022, regarding “Legal strategies and best practices to improve employee retention”. This event has been approved for CPD credits. For more details, please click here.
New Employee-Friendly Changes to Ontario’s Employment Laws
March 3, 2022
The Working for Workers Act, 2021 Recently, the Ontario government introduced significant changes to workplace laws, intended to provide a wide array of benefits to employees in the province. On December 2, 2021, Bill 27: Working for Workers Act, 2021 (“Workers Act“) received Royal Assent. Two of the most notable changes are: i) a prohibition on
Expertise
Employment Law
Sixteen KM Lawyers Listed In The Canadian Legal Lexpert Directory 2022
February 27, 2022
Koskie Minsky LLP is pleased to announce that 16 of the Firm’s lawyers were chosen by their fellow professionals to be listed in the 2022 edition of The Canadian Legal Lexpert Directory. The Canadian Legal Lexpert Directory compiles lists of outstanding professionals by conducting peer-review surveys in which thousands of leading lawyers confidentially evaluate their
Ontario Adopts Regulations Regarding Defined Contribution Pension Plans
February 24, 2022
On February 11, 2022, the Government of Ontario filed Ontario Regulation 66/22 (the “Regulation”), which amends the General regulations under the Pension Benefits Act to exempt defined contribution pension plans from certain regulatory requirements. The Regulation specifically exempts such pension plans from 1) the requirement to file an auditor’s report with FSRA where the assets
Practice Area
Pension and Benefits
Department of Finance Releases Draft Amendments to the Income Tax Act Regarding Defined Contribution Pension Plans
February 24, 2022
On February 4, 2022, the Department of Finance released draft legislation that will, subject to certain conditions, permit administrators of defined contribution (“DC”) pension plans to correct past contribution errors. The proposed amendments can be accessed at https://fin.canada.ca/drleg-apl/2022/ita-lir-0222-1-eng.html. The current Income Tax Act (the “ITA”) rules governing DC pension plans do not allow for “catch-up”
Practice Area
Pension and Benefits
Early Termination Clause Invalid – Employee Entitled to Balance of 3-year Fixed Term Contract
February 22, 2022
In a recent decision of the Ontario Superior Court of Justice, the principles in the now infamous Waksdale v. Swegon North America Inc., 2020 ONCA 391 decision were applied to a fixed term contract, striking out a termination clause where the ‘for cause’ termination provision was broader than permitted by the Ontario Employment Standards Act, 2000
Expertise
Employment Law
Arbitrator strikes down “automatic termination” penalty for non-compliance with mandatory vaccination policy
February 10, 2022
In a decision issued on February 7, 2022, Arbitrator Gail Misra struck down an employer’s policy for mandatory vaccination against COVID-19 to the extent that the policy contemplated termination as an “automatic” penalty for non-compliance. The decision deals with a policy grievance by Healthcare, Office and Professional Employees Union, Local 2220 (“the Union”) against Chartwell
Practice Area
Labour Law
Arbitrator upholds mandatory vaccination requirement for indoor workers
February 9, 2022
In a recent decision, Arbitrator Michael Mitchell upheld a policy on mandatory vaccination (which required two doses in addition to any recommended boosters) against COVID-19 as it applied to employees who work in an indoor setting at least some of the time.[1] The Power Workers’ Union (“the Union”) filed a policy grievance against the vaccination
Practice Area
Labour Law
Canadian Securities Administrators Issue Staff Notice 81-334 Regarding ESG-Related Investment Fund Disclosure
February 8, 2022
Interest in environmental, social and governance (“ESG“) factors is increasing quickly among Canadian investors, spurred in part by the view that redirecting investments towards the climate crisis and our collective social and governance challenges may be an effective way to address portfolio risk and, at the same time, to resolve these larger issues. To date,
Practice Area
Pension and Benefits
Ontario Introduces Protections for Pension Whistle-Blowers
February 4, 2022
In its fall economic statement, Ontario introduced amendments to the Financial Services Regulatory Authority of Ontario Act, 2016 that would protect whistle-blowers. The bill, which also included amendments to numerous other statutes, came into force on December 9, 2021. The new legislation defines whistle-blowers as persons or entities who, in good faith, disclose to the
Practice Area
Pension and Benefits
Arleen Huggins To Speak At The Osgoode Advanced Certificate in Workplace Investigations Program
February 4, 2022
Arleen Huggins will be speaking at The Osgoode Advanced Certificate in Workplace Investigations Program on March 21, 2022. Arleen’s session will focus on “Investigating Allegations of Racism, Systemic Racism Prejudice and Bias in the Workplace”. For more information about the program, please click here
James Harnum Quoted in Toronto Star Article on former Migrant Farm Workers’ battle to recoup unpaid wages from cannabis company
February 2, 2022
James Harnum, a Partner in the Pensions and Benefits Department, provided pro bono legal representation to migrant farm workers in their battle to recoup thousands in termination pay, unpaid wages and other amounts owing to them by Pharmhouse Inc., a bankrupt cannabis production facility. To read the full article please click here.
Nancy Shapiro to Speak on Employment Law in the Dental Office – Covid Implications
January 31, 2022
Nancy Shapiro will be speaking at the West Toronto Dental Society’s Zoom Webinar Lecture, Employment Law in the Dental Office – Covid Implications, on March 3, 2022. For more information about the event, please click here.
Nancy Shapiro Guests on The Great Canadian Leader Podcast
January 25, 2022
Nancy Shapiro was a guest on The Great Canadian Leadership Podcast as part of their special series on navigating difficult conversations. Nancy specifically discussed giving feedback and how you can build your confidence and strengthen your team. Listen here!
British Columbia Arbitrator denies application for a temporary stay of the City of Richmond mandatory vaccination policy
January 21, 2022
On January 12, 2022, Arbitrator Randall J. Noonan released a decision in which he denied an application by the International Association of Professional Firefighters, Local 1286 (“IAFF”) and the Canadian Union of Public Employees, Locals 718 and 394 (“CUPE”) (together, the “Unions”) to stay the application of a mandatory vaccination policy (the “Policy”) by the
Practice Area
Labour Law
KM distributes $5.7M settlement to former employees of Quality Meat Packers Ltd. and Toronto Abattoirs Ltd.
January 20, 2022
We are pleased to announce that KM has distributed a $5.7 million settlement that was achieved in litigation and labour board proceedings to all former unionized and certain salaried employees of Quality Meat Packers Ltd (“QMP”) and Toronto Abattoirs Ltd (“TAL”). This settlement will allow these employees who lost their jobs when QMP and TAL
Kenny Leung to present on the Ontario Not-for-Profit Corporations Act
January 19, 2022
The Ministry of Government and Consumer Services announced on October 19, 2021 that the Not-for-Profit Corporations Act, 2010 (“ONCA”) has now come into force. The ONCA modernizes and streamlines the regulatory framework that applies to not-for-profit corporations and registered charities that were governed by Part III of the Ontario Corporations Act (the “Corporations”) by enhancing
Martin Ejidra, Zoom & Live if Possible: Facing Systemic Racism in Schools
January 18, 2022
On Wednesday, February 9, 2022, Martin Ejidra will speak about Koskie Minsky’s 2020 report on confronting systemic racism at the Peel District School Board & other legal cases. Koskie Minsky LLP has championed legal suits against racial discrimination in the workplace and conducted the 2020 Report on Systemic Racism at the Peel District School Board, which
New Leave Amendments Introduced for Federal Employees
January 18, 2022
On December 17, 2021, the Canada Labour Code was amended to include the following: Bereavement Leave In the event of the death of an immediate family member or a family member, employees are entitled to a leave of absence from employment for up to ten days. The leave may be taken during the period that
Expertise
Employment Law
Nancy Shapiro selected as one of Canadian HR Reporter’s 5-Star Employment Lawyers!
January 17, 2022
We are pleased to announce that Nancy Shapiro has been selected as one of Canadian HR Reporter’s 5-Star Employment Lawyers for 2022. She, and the other winners, are featured on the Canadian HR Reporter’s website here. Nancy Shapiro has over 20 years of experience and is recognized by Lexpert, Best Lawyers and Chambers Canada as
Arbitrator Jesin upholds MLSE mandatory vaccination and status disclosure policy
January 14, 2022
In a decision released on January 12th, 2022, Arbitrator Jesin held that a workplace mandatory Covid-19 vaccination policy and associated vaccination status disclosure requirement issued by Maple Leaf Sports and Entertainment (“MLSE” or the “Employer”) for employees working at its Toronto sports and events venue Scotia Bank Arena was a reasonable exercise of the Employer’s
Practice Area
Labour Law
Labour Board dismisses complaints against unions regarding responses to COVID-19 vaccine policies
January 12, 2022
In a pair of decisions released back-to-back, the Ontario Labour Relations Board dismissed separate applications alleging that trade unions violated their Duty of Fair Representation in relation to their handling of complaints concerning employer COVID-19 vaccine policies. On January 10 and 11 2022, the Board released its decisions in Bloomfield v SEIU, Local 1 and
Practice Area
Labour Law
Arbitrator upholds mandatory vaccination policy
January 6, 2022
In a decision released on January 4, 2022, Arbitrator Herman denied a grievance from the United Food and Commercial Workers Canada, Local 175 (“UFCW”) concerning a workplace policy on mandatory vaccination against COVID-19 issued by Bunge Hamilton Canada (“Bunge”). UFCW grieved that the policy—which placed non-compliant employees on unpaid leave—was an unreasonable exercise of managerial
Practice Area
Labour Law
Disconnecting from Work: Do we have all the information we need?
December 13, 2021
An unintended consequence of the COVID-19 pandemic was a move to remote working and more flexible work arrangements. For many, this shift has blurred the lines between home and office, as remote working and technology continue to make it easier to work from almost anywhere. As a result, the need to develop policies dealing with
Expertise
Employment Law
Updated FSRA Advice for Plan Administrators regarding Pension Division upon Marriage Breakdown
November 25, 2021
The Financial Services Regulatory Authority of Ontario (“FSRA”) has finalized its guidelines for pension plan administrators dealing with the valuation and division of pension benefits upon marriage breakdown. These guidelines became effective on November 9, 2021, and will be reviewed by November 9, 2026. Scope These guidelines only apply to administrators of pension plans governed
Practice Area
Pension and Benefits
Quebec Arbitrator Upholds Vaccine Requirement Imposed by Customers
November 23, 2021
In a decision released on November 15, 2021, Arbitrator Denis Nadeau found that a vaccination requirement promulgated by customers of several housekeeping contractors infringed the right to respect for private life provided for in Article 5 of the Quebec Charter of human rights and freedoms (the “Quebec Charter“)[1]. However, in light of Article 9.1 of the Charter, Arbitrator Nadeau held that
Practice Area
Labour Law
Manitoba Court of Appeal finds that legislation temporarily preventing collective bargaining on wages is constitutional
November 22, 2021
In Manitoba Federation of Labour et al v. The Government of Manitoba, the Manitoba Court of Appeal held that the province’s public sector wage restraint legislation did not violate the Charter of Rights and Freedoms (the “Charter”). In deciding as such, the Court of Appeal overturned a ruling by the Court of Queen’s Bench. Under the leadership of
Practice Area
Labour Law
Arbitrator Strikes Down Mandatory Vaccination And Disclosure Policy
November 12, 2021
In a decision released on November 11, 2021, Arbitrator John Stout allowed a grievance filed by the Power Workers’ Union (the “PWU”) against the Electrical Safety Authority (the “ESA”) challenging a mandatory vaccination and disclosure policy. In September 2021, the ESA adopted a voluntary vaccination disclosure and testing policy (the “Voluntary Policy”) that allowed employees
Practice Area
Labour Law
Alan Minsky Assumes Role as Counsel to the Firm
November 12, 2021
After more than 40 years as a Partner of Koskie Minsky LLP, Alan Minsky will be stepping away from that position to assume the role of Counsel to the Firm, effective January 1, 2022. In his new role, Alan will serve as a valued advisor and mentor to other KM Associates and Partners and will
OSFI Summarizes Responses to Its Climate Risk Discussion Paper
November 8, 2021
On January 11, 2021, the Office of the Superintendent of Financial Institutions Canada (“OSFI“) published a discussion paper, Navigating Uncertainty in Climate Change: Promoting Preparedness and Resilience to Climate-Related Risks (the “Discussion Paper“), and launched a three-month consultation period in regards to it. The goal of the consultation was to engage federally regulated financial institutions (“FRFIs“), federally
Practice Area
Pension and Benefits
Ontario Court lifts interim injunction against the termination of unvaccinated UHN employees
November 4, 2021
The University of Health Network’s (“UHN”) mandatory vaccination policy required all of its more than 17,000 employees to be fully vaccinated or face termination of their employment, commencing October 22, 2021. Justice Sean Dunphy of the Ontario Superior Court issued an interim injunction on October 22, 2021, in response to a motion brought by several
Practice Area
Labour Law
Big Changes Proposed for the Employment Standards Act, 2000
November 2, 2021
On October 25, 2021, the Government of Ontario introduced Bill 27, Working for Workers Act, 2021 (“Bill 27”) to amend, among other things, the Employment Standards Act, 2000 (the “ESA“). If passed, Bill 27 and the amendments it includes, would significantly alter the employer-employee relationship. The changes proposed by Bill 27 include: New Part VII.0.1 – Right to Disconnect
Practice Area
Labour Law
Expertise
Employment Law
Nancy Shapiro Selected as one of Post City Magazine’s Top Lawyers in the GTA
November 1, 2021
We are excited to announce that Nancy Shapiro has been selected by her peers as one of Post City Magazine’s Top Lawyers in the GTA. She, and the other winners, are featured in the November issue of Post City Magazines. Nancy Shapiro has over 20 years of experience and is recognized by Lexpert, Best Lawyers
Where to Go for Workplace Justice?
October 29, 2021
Is labour arbitration the only avenue for unionized employees to seek redress for human rights violations? This issue—arbitral jurisdiction vis-à-vis the jurisdiction of other courts and tribunals to hear disputes in unionized workplaces—has been the subject of considerable legal debate. In Linda Horrocks v Northern Regional Health Authority, the SCC recently held that, absent legislative intention
Practice Area
Labour Law
Ontario Court issues interim injunction against the termination of unvaccinated UHN employees*
October 29, 2021
*The injunction described below was lifted on Oct. 29, 2021. We will provide an update shortly. On October 22, 2021, the Ontario Superior Court issued an interim injunction, temporarily halting an attempt by the University of Health Network (“UHN”) to terminate its unvaccinated employees. The injunction was granted in response to an urgent motion brought
Practice Area
Labour Law
Nancy Shapiro at the OBA Labour and Employment Law Program
October 28, 2021
Nancy Shapiro chairs the OBA Labour and Employment Law Program: DEALING WITH DIGITAL EVIDENCE FOR EMPLOYMENT AND LABOUR LAWYERS on October 29, 2021 . The Program will take place via webcast only. For more information about the Program, please click here.
Congratulations Sara Tatelman and Paniz Khosroshahy on Winning the CBA’s Labour and Employment Law Student Essay Contest
October 26, 2021
Sara Tatelman, an Associate in our Pension and Benefits department who articled at the Firm in 2020, and Paniz Khosroshahy, a current Articling student, have been announced as the winners of the Canadian Bar Association’s Labour and Employment Law Section Student Essay Contest for 2020 and 2021, respectively. The award is presented annually for the
Quebec’s Bill 64 Receives Royal Assent – Paving the way for major privacy reform in Quebec and across Canada
October 18, 2021
On September 22, 2021, the Act to Modernize Legislative Provisions respecting the Protection of Personal Information (“Bill 64“) received royal assent, just one day after it was adopted by Quebec’s National Assembly. Bill 64 updates the existing framework applicable to the protection of personal information by amending various Quebec laws, including the Act respecting the
Expertise
Privacy and Compliance
COVID-19 Vaccine Policies
October 18, 2021
What is the hot issue in every workplace right now? Vaccine policies of course. We have yet to see a court or administrative tribunal definitively answer whether vaccine policies violate health privacy laws or employee privacy generally or whether an employer’s implementation of these types of policies constitute constructive dismissal and/or a form of workplace
Expertise
Employment Law
Divisional Court Reverses Landmark WSIAT Decision and Restores Right to Sue in case of Alleged Constructive Dismissal
September 20, 2021
In late 2019 the Workplace Safety and Insurance Appeals Tribunal (“WSIAT” or the “Tribunal”) issued a landmark decision that took away an employee’s right to sue their employer for damages with respect to chronic mental stress flowing from workplace harassment and an inadequate employer response to same, resulting in a claim for constructive dismissal. The
Expertise
Employment Law
Infectious Disease Emergency Leave Extended to January 1, 2022
September 20, 2021
The COVID-19 Period has been further extended in Ontario and is now slated to end on January 1, 2022. Infectious Disease Emergency Leave (IDEL) is extended to January 1, 2022. The three paid sick days in relation to COVID-19 related matters are extended to December 31, 2021. After Infectious Disease Emergency Leave ends, employees who
Expertise
Employment Law
Arleen Huggins named one of Canada’s Top 25 Most Influential Lawyers
September 15, 2021
We are excited to announce that Arleen Huggins has been selected by the readers of Canadian Lawyer as one of the Top 25 Most Influential Lawyers for 2021 in the Human Rights, Advocacy and Criminal Law category. She, and the other winners, are featured in the September issue of the magazine. The Top 25 Most Influential
Workplace Vaccination Policies – The Legal & Practical Considerations
September 7, 2021
To date, there has been very little caselaw dealing specifically with the implementation of mandatory COVID-19 vaccination policies in the employment context. In the circumstances, employers and employees alike have no choice but to navigate the complex legal issues that arise from any attempts to reduce the risks associated with COVID-19 transmission and infection in
Expertise
Employment Law
Nineteen KM Lawyers Listed in the 16th Edition of The Best Lawyers in Canada®
August 26, 2021
We are pleased to announce that 19 of the Firm’s lawyers were chosen by their fellow professionals to be listed in the 16th Edition of The Best Lawyers in Canada. Below is a complete list of KM lawyers, by practice area, recognized in the 16th Edition of The Best Lawyers in Canada: Jeffrey Armel – Construction
Four KM Lawyers Listed in 2022 Best Lawyers: Ones to Watch in Canada
August 26, 2021
We are pleased to announce that four KM Lawyers were selected by their peers for inclusion in the 2022 Best Lawyers Canada: Ones to Watch list. New this year is the inaugural “Ones to Watch” list, which recognizes lawyers who have practised law for three to eight years. Below is the complete list of KM
Mark Zigler Quoted in Toronto Sun
August 25, 2021
Mark Zigler was quoted in the Toronto Sun article, “Workers regard pension protection campaign promise as long overdue.” To read the article, please click here.
COVID Pandemic is a Factor to be Considered in the Award of Notice but is not an Extraordinary Circumstance to Justify a Notice Period in Excess of 24 months
August 9, 2021
In a recent decision which considered the impact of the pandemic on a termination of employment, the Honourable Justice Vella held that the consideration of the fourth Bardal factor, namely ‘availability of similar employment having regard to the experience, training and qualifications of the employee’ led to consideration that there were challenging circumstances in terms
Expertise
Employment Law
Arbitrator Upholds Mandatory COVID-19 Testing
August 6, 2021
A recent arbitral decision, EllisDon Construction Ltd. v Labourers’ International Union of North America, Local 183, may provide some needed insight into how arbitrators will consider workplace policies mandating COVID-19 testing and/or vaccinations for its employees. In a decision released June 10, 2021, Arbitrator Robert Kitchen dismissed a grievance filed by LIUNA Local 183 in which the
Practice Area
Labour Law
Arbitrator Determines Cell Tracking App Contrary to Employee Privacy Interests
July 28, 2021
In a decision released May 15, 2021, Arbitrator Derek Rogers upheld grievances concerning an employer’s implementation of a phone application entitled “Exak Time.” Grievances were filed by both IUOE Local 793 and LIUNA 183. Both unions challenged the employer’s implementation of the app, which required clocking in and clocking out via mobile phone. The ExakTime
Practice Area
Labour Law
Legal Opinion released in response to a request by the Canada Climate Law Initiative concludes pension fiduciaries must take climate change into account in their management of plan assets
July 21, 2021
Randy Bauslaugh’s “Climate Change: Legal Implications for Canadian Pension Plan Fiduciaries and Policy-Makers”,[1] a legal opinion written at the request of the Canada Climate Law Initiative, is the latest contribution to the discussion of whether pension plan administrators should be factoring climate change into their decision-making on investments. Bauslaugh concludes that the current scientific consensus
Practice Area
Pension and Benefits
Pay Equity Act Finally Comes into Force
July 20, 2021
The Pay Equity Act, S.C. 2018, c. 27, s. 416 (“Pay Equity Act” or the “Act“), was passed by Parliament and received Royal Assent on December 13, 2018. It will come into force on August 31, 2021. It will apply to federally regulated public and private sector employers with an average of 10 or more
Expertise
Employment Law
Andrew Hatnay appointed to FSRA’s Technical Advisory Committee for the Employment-Based Vibrant Pension Pillar in Ontario
July 12, 2021
We are pleased to announce that Andrew Hatnay, a senior partner in the Firm’s Pension and Benefits practice, has been appointed to the Financial Services Regulatory Authority of Ontario’s (FSRA) Technical Advisory Committee for the Employment-Based Pension Pillar in Ontario. The Committee members will work together with the public to identify how to support the
ESA Severance – Global Payroll Pushes Employer over the $2.5 Million Threshold
June 28, 2021
In recent years, and in particular over the course of the last 18 months or so, courts have varied and/or clarified their position on a number of key employment law issues. In Hawkes v. Max Aicher (North America) Limited, 2021 ONSC 4290, the employee successfully brought an application for judicial review of a decision of the
Expertise
Employment Law
Ontario’s Long-Term Care COVID-19 Commission Releases its Final Report
June 23, 2021
The current COVID-19 pandemic has had a devastating impact within the province of Ontario. The residents and staff of long-term care homes have been among those most affected by COVID-19. By the end of April 2021, the pandemic had caused the deaths of approximately 4000 residents and 11 staff at long-term care facilities.[1] Although long-term
Practice Area
Labour Law
Craig Flood and Arleen Huggins at the 2021 Six-Minute Labour Lawyer Program
June 24, 2021
Craig Flood is once again co-chairing the Law Society of Ontario’s Six Minute Labour Lawyer Program (webcast-only), on June 24, 2021. Arleen Huggins and Craig Flood will present on Black Lives Matters: Restorative Actions. For more information about the Program, please click here.
Infectious Disease Emergency Leave Extended to September 25, 2021
June 9, 2021
The COVID-19 Period has been further extended in Ontario and is now slated to end on September 25, 2021 Infectious Disease Emergency Leave (IDEL) is extended to September 25, 2021 After Infectious Disease Emergency Leave ends, employees who were placed out of active service as a result of the pandemic are no longer on that
Expertise
Employment Law
Mark Zigler appears as witness before Standing Committee on Industry, Science and Technology as it considers Bill C-253
June 9, 2021
On June 3, 2021, Mark Zigler appeared as a witness before the Standing Committee on Industry, Science and Technology as it considers Bill C-253, an Act to Amend the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act. Mark’s testimony can be viewed here: https://parlvu.parl.gc.ca/Harmony/en/PowerBrowser/PowerBrowserV2/20210603/-1/35612?Language=English&Stream=Video#info_
Mandatory COVID-19 Vaccinations and Masking at Work?
May 31, 2021
For good reason, many employers are beginning to think about how their workplace will look a few months from now. They are considering how to assure employee safety and are wondering what impact the vaccination roll-out will have on masking and social distancing requirements over the summer and by early fall of 2021. In short,
Expertise
Employment Law
Philip Graham to Speak at the IFEBP’s Virtual Conference
May 25, 2021
Philip Graham will be speaking at the IFEBP’s Return to the Workplace Strategies Virtual Conference on June 3, 2021. Philip will be participating in a panel discussion on “Legal Considerations Around Returning to the Workplace (or Not) (Canada)”. For more information about the conference, please click here
Unconscious Gender Bias is Discrimination says HRTO
May 17, 2021
In a seminal decision released on March 18, 2021, the Human Rights Tribunal of Ontario has issued a finding supporting a claim of gender-based discrimination in relation to the unconscientious perception of the applicant as a woman and the gender bias which was inherent in her male-centred workplace (Cybulsky v. Hamilton Health Sciences, [2021] O.H.R.T.D.
Expertise
Employment Law
Arleen Huggins to speak at the International Foundation of Employee Benefit Plans’ Conference
May 8, 2021
Arleen Huggins will be speaking at the International Foundation of Employee Benefit Plans’ Conference on May 11, 2021. Arleen will be participating in a panel discussion on “Justice, Equity, Diversity and Inclusion (JEDI) in the Workplace”. For more information about the conference, please click here.
Arleen Huggins to Moderate the OBA’s 19th Annual Current Issues in Employment Law Webinar
May 18, 2021
Arleen Huggins will co-chair and co-moderate the OBA’s 19th Annual Current Issues in Employment Law Webinar on May 18, 2021. For more information about the webinar, please click here.
Privacy Legislation: How are Pension and Benefit Plans Affected?
May 5, 2021
Pension and benefit plan administrators and trustees process a substantial amount of personal information about individuals in order to provide benefits to employees, retirees, pensioners and surviving spouses. Privacy legislation, such as Personal Information Protection and Electronic Document Act (PIPEDA), imposes a legal framework around how the personal information collection by pension and benefit plan administrators is
Expertise
Privacy and Compliance
British Columbia Human Rights Tribunal dismisses a complaint alleging that a mandatory requirement to wear a mask in a grocery store was discriminatory
April 29, 2021
The British Columbia Human Rights Tribunal (the “Tribunal”) recently dismissed a complaint which alleged that it was discriminatory for a grocery store to refuse to allow a customer to enter without wearing a mask. In a decision dated March 31, 2021, The Customer v. The Store, 2021 BCHRT 39 (CanLII) the Tribunal dismissed the complaint without
Practice Area
Labour Law
Fifteen KM Lawyers Listed in The Canadian Legal Lexpert Directory 2021
April 22, 2021
Koskie Minsky LLP is pleased to announce that 15 of the Firm’s lawyers were chosen by their fellow professionals to be listed in the 2021 edition of The Canadian Legal Lexpert Directory. The Canadian Legal Lexpert Directory compiles lists of outstanding professionals by conducting peer-review surveys in which thousands of leading lawyers confidentially evaluate their
Federal Government Releases 2021 Budget
April 20, 2021
On April 19, 2021, Finance Minister Chrystia Freeland tabled the federal government’s 2021 budget, “A Recovery Plan for Jobs, Growth, and Resilience.” In addition to confirming the federal government’s intention to proceed with certain previously announced tax measures affecting specified multi-employer pension plans (“SMEPs”) and health and welfare trusts, the 2021 budget does contain some
Practice Area
Pension and Benefits
James Harnum and Andrew Hatnay at the OBA Pensions and Benefits Law and Insolvency Law Program
April 16, 2021
James Harnum will co-chair the Ontario Bar Association Program: Intersection of Pensions and Benefits Law and Insolvency Law, on April 16, 2021. The Program will take place via live webinar. Additionally, Andrew Hatnay will be part of a stellar faculty that will examine the issues that need to be resolved when a company with a pension
Face Masks: Personal Objections to Wearing Face Coverings does not Trigger the duty to Accommodate in Ontario
April 6, 2021
In Sharma v. Toronto (City), 2020 HRTO 949 (CanLII), the Applicant alleged that By-Law 541-2020 (the “By-Law”), which requires businesses and other establishments that are open to the public to adopt a policy that members of the public are not permitted entry to, or otherwise remain within, any enclosed space unless they are wearing a
Practice Area
Labour Law
Expertise
Employment Law
Ontario Proposes to Require PBGF Claim Exposure Reporting as Part of 2021 Budget
March 25, 2021
In its 2021 budget, released on March 24, the Ontario Government announced that it will amend Regulation 909 under the Pension Benefits Act (the “PBA”), to require pension plan administrators to calculate and report their plan’s Pension Benefits Guarantee Fund (“PBGF”) claim exposure. The Budget does not specify how a plan’s PBGF claim exposure will be determined and
Practice Area
Pension and Benefits
Koskie Minsky Hosts Complimentary Privacy Seminar Series
March 23, 2021
The Koskie Minsky LLP Privacy Practice Group cordially invites you to a Complimentary Seminar Series Introducing Privacy Legislation and Best Practices. The Complimentary Privacy Seminar Series will be held monthly over a three month period for one hour on the following dates: April 9 at 10 am EDT – Overview of Privacy Legislation May 6 at 10 am
Expertise
Privacy and Compliance
OLRB clarifies the scope of the precautionary principle in the context of the pandemic
March 22, 2021
The Ontario Labour Relations Board has clarified the scope of the precautionary principle, both generally and in the context of the COVID-19 pandemic, in its recent decision Liquor Control Board of Ontario v Ontario Public Service Employees Union, 2021 CanLII 15607 (“LCBO“). In this decision, the Board reaffirmed that compliance with the precautionary principle may
Practice Area
Labour Law
FSRA Releases Guidance on Leading Practices for Defined Benefit Multi-Employer Pension Plans
March 18, 2021
On March 16, 2021, The Financial Services Regulatory Authority of Ontario (“FSRA”) released “Defined Benefit Multi-Employer Pension Plans – Leading Practices,” a Guidance document that is the result of a thematic review of a selected sample of 21 Ontario-registered Defined Benefit Multi-Employer Pension Plans (DB MEPPs) conducted in 2020. The Guidance begins by acknowledging the three
Practice Area
Pension and Benefits
Camille Dunbar to speak at the Canadian Lawyer Employment Law Seminar
April 27, 2021
Camille Dunbar will be speaking at the online seminar hosted by the Canadian Lawyer Employment Law on April 27, 2021, regarding “Employer Terminations After Waksdale and Ocean Nutrition Canada Ltd.” For more information about the seminar, please click here.
Murray Gold Awarded the 2021 OBA Pension Award for Excellence in Pension & Benefits Law
February 26, 2021
We are pleased to announce that Murray Gold has been awarded the 2021 OBA Pension Award for Excellence in Pension & Benefits Law. The OBA Award of Excellence in Pensions and Benefits Law recognizes exceptional contributions and achievements in Pension & Benefits Law by members of the OBA. Murray is a leading lawyer in the
Practice Area
Pension and Benefits
Violation of Public Health Requirements and Termination for Cause
February 22, 2021
While cases before the courts will wind their way through slowly, labour arbitration hearings can move at a quicker pace. Some COVID issues have already been decided in the collective bargaining context. Of note is a recent arbitration decision in the federal context which upheld the termination of a worker for attending at work and
Expertise
Employment Law
Philip Graham to Speak at The Osgoode Certificate in Human Rights for Education Professionals Program
February 27, 2021
Philip Graham will be speaking at The Osgoode Certificate in Human Rights for Education Professionals Program on February 27, 2021. Philip will be participating in a panel discussion on “Disability Rights – Accommodation and Accessibility – The Duty to Accommodate: Theory and Practice”. For more information about the program, please click here.
Leona Kung to Speak at LexisNexis Canada Webinar on Construction Law
February 19, 2021
Leona Kung will be speaking at a Webinar hosted by LexisNexis Canada on February 19, 2021 regarding “Construction Law Updates: COVID Restrictions, Adjudication and New Home Warranties”. For more information about the webinar, please click here.
Koskie Minsky Lawyers Huggins and Graham Complete Hamilton-Wentworth District School Board Investigation
February 4, 2021
In response to the concerns about racism and oppression raised by former Hamilton-Wentworth District School Board (HWDSB) student trustees, HWDSB took action and initiated an independent, third-party Trustee Code of Conduct Review. We are pleased to announce that Arleen Huggins and Philip Graham have now completed this review. For more information, please click here.
Arbitrator Confirms Privacy Safeguards Protecting Health Records in the Grievance Process
February 3, 2021
A recent decision provides a caution concerning the proper treatment of medical information in the grievance process. In Orillia Soldiers’ Memorial Hospital v Ontario Public Service Employees’ Union, Local 383, Arbitrator Randi Abramsky determined that the hospital violated the Personal Health Information Protection Act (“PHIPA”), the Occupational Health and Safety Act (“OHSA”) the hospital’s own
Practice Area
Labour Law
Expertise
Privacy and Compliance
Ontario Court of Appeal encourages pragmatic solutions to COVID-19 delays
February 3, 2021
Louis v. Poitras, 2021 ONCA 49, is the first Ontario Court of Appeal decision to consider the impact of delays caused by the pandemic on a motion to strike a jury notice. The decision calls on lower courts to adopt a creative and pragmatic approach to this unprecedented challenge to the civil justice system in
Practice Area
Civil Litigation
CRA ISSUES TEMPORARY COVID-19 RELIEF MEASURES – SIMPLIFIED CLAIM FOR HOME EXPENSES FOR 2020 TAXATION YEAR
February 2, 2021
In its 2020 Fall Economic Statement, the federal government announced that, in light of the large numbers of Canadian taxpayers working from home due to the COVID-19 pandemic, the Canada Revenue Agency (the “CRA”) would simplify the process for claiming the home office expense deduction for the 2020 taxation year. Details regarding the temporary simplified
Practice Area
Pension and Benefits
KM Secures Settlement for Employees in Respect of Severance Entitlements Arising from Bankruptcies of Quality Meat Packers Limited and Toronto Abattoirs Limited
January 23, 2021
We are pleased to announce that a settlement has been reached on behalf of the United Food and Commercial Workers Locals 175 and 633, their members, and certain other salaried employees in respect of severance entitlements arising from the bankruptcies of Quality Meat Packers Limited (QMP) and Toronto Abattoirs Limited (TAL). This settlement, reached on
Arbitrator Upholds Mandatory COVID-19 Testing in the Workplace for Retirement Home Workers
January 21, 2021
Facts In June 2020, Caressant Care Nursing & Retirement Homes (the “Employer”) advised its staff that it would begin conducting bi-weekly COVID-19 testing and would begin to require proof of testing before an employee could return to work. When several staff members complained, the Employer advised its employees that if they chose not to comply
Practice Area
Labour Law
OSFI Releases Discussion Paper and Seeks Industry Feedback on Climate-Related Risks
January 19, 2021
On January 11, 2021, the Office of the Superintendent of Financial Institutions Canada (“OSFI“) released a discussion paper Navigating Uncertainty in Climate Change: Promoting Preparedness and Resilience to Climate-Related Risks, to engage federally regulated financial institutions (“FRFIs“), federally regulated pension plans (“FRPPs“) and other interested stakeholders in a dialogue on the risks resulting from climate
Practice Area
Pension and Benefits
Further amendments to the Stage 1 Rules affecting the construction industry
January 18, 2021
As we continue to monitor the evolving COVID-19 situation as well as the Government’s response and the current emergency declaration, we want to advise that there have been further changes to O. Reg. 82/20: RULES FOR AREAS IN STAGE 1 to the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. O. Reg. 82/20: RULES
Practice Area
Labour Law
The Ontario Government issues a second COVID-19 emergency declaration and a stay-at-home order
January 18, 2021
On January 12, 2021, the Ontario Government issued a second state of emergency declaration under s. 7.0.1(1) of the Emergency Management and Civil Protection Act (the “EMCPA“) in response to the ongoing COVID-19 pandemic. Under the EMCPA the emergency declaration will automatically terminate after 14 days unless it is extended (or terminated early). As part
Practice Area
Labour Law
Your Privacy, Your Voice: The Government of Canada holds Online Consultations
January 18, 2021
Although Canadian laws have been slow to evolve, individual privacy rights have been an issue of importance and concern for many Canadian throughout history and into the present day. With an ever growing global economy in the digital age the transfer of personal information has undoubtedly become a form of currency with which we knowingly or
Expertise
Privacy and Compliance
Toronto Employers – Additional COVID-19 Protocols and Protections Introduced
January 11, 2021
Over the past months we have all seen just how quickly the rules and regulations in response to COVID-19 have and can change in the interest of protecting public health and safety. On January 4, 2021, with immediate effect, Toronto’s Medical Officer of Health instituted additional operational guidelines for employers. The new operational requirements are
Expertise
Employment Law
Mireille Giroux and Katherine Ferreira to Teach at Osgoode Hall Law School
December 23, 2020
Mireille Giroux and Katherine Ferreira will be teaching the Collective Bargaining Law Course at Osgoode Hall Law School, for the 2021 winter term.
Practice Area
Labour Law
Update – COVID-19 and Employment in Ontario: What you need to know for January 2021
December 18, 2020
Update: On the evening of December 17th the Ontario Government announced the extension of Infectious Disease Emergency leave to July 3, 2021. To view the press release, please click here. While the COVID-19 Period is slated to end January 2, 2021, employers will still need to be compliant with all orders of public health and
Expertise
Employment Law
Arleen Huggins Receives 2020 Law Society Medal
December 8, 2020
On December 8, 2020, Arleen Huggins received the Law Society Medal. In presenting the award via a virtual ceremony, Teresa Donnelly, the Treasurer of the Law Society of Ontario, mentioned Arleen’s tireless efforts over the course of her career to benefit the profession as a whole. Through her work with the Canadian Bar Association, the
Lesa MacDonald has assumed the role of Counsel in the Pensions and Benefits Department
December 1, 2020
We are pleased to announce that, effective December 1, 2020, Lesa MacDonald has assumed the role of Counsel in the Pensions and Benefits Department of Koskie Minsky LLP. In her new role, Lesa will be taking on additional senior-level client relationship management responsibilities. She will continue her legal advisory work for clients of the Pension and
Practice Area
Pension and Benefits, Labour Law
Cross-Border Privacy Issues: Doing Business in the United States
November 30, 2020
Whether a Canadian business has operations in the United States, uses a third party from the United States or even stores its information on a cloud server in the United States, it is almost impossible to do business in Canada without a cross-border aspect. Regardless of the level of interaction with our neighbours to the
Expertise
Privacy and Compliance
DEPARTMENT OF FINANCE RELEASES NEW DRAFT LEGISLATIVE PROPOSALS FOR CONVERSION OF HEALTH AND WELFARE TRUSTS TO EMPLOYEE LIFE AND HEALTH TRUSTS
November 30, 2020
On Friday, November 27, 2020 the Department of Finance released its long awaited legislative proposals to amend the Income Tax Act provisions governing Employee Life and Health Trusts (“ELHTs”). For the most part, these new draft proposals include some welcome changes and should facilitate the transition to an ELHT. It should be noted that the
Practice Area
Pension and Benefits
The HRTO Reminds us that Steps to Enforce Terms of Settlement Require Timely Action
November 24, 2020
Schweizer v. The Corporation of the Town of Whitchurch-Stouffville (“Schweizer v. Whitchurch-Stouffville”), provides procedural reminders with respect to the enforcement of settlements entered into in matters before the Human Rights Tribunal (“HRTO”) of Ontario. The applicant, a former employee of the respondent, alleged discrimination with respect to her employment. The parties entered into Minutes of
Expertise
Employment Law
Arleen to Speak at the 2020 WTS Toronto Area Chapter Virtual Conference
November 19, 2020
Arleen Huggins will be speaking at the 2020 WTS Toronto Area Chapter Virtual Conference on December 3, 2020. Arleen will be discussing Bias in the Workplace. The conference program includes: Positive stories about women making a difference in the transportation industry Gender impacts, planning and decision making The next big thing: identifying where women should
Workplace Safety and Insurance Appeal Tribunal Bars Constructive Dismissal Action
November 18, 2020
Facts The complaining Employee was employed as a housekeeper at a hotel in Niagara Falls, Ontario where she was allegedly harassed and taunted by her colleagues and supervisor for having an unpleasant odour and for other matters related to a diagnosed medical condition. While still working at the hotel, the Employee filed a human rights
Expertise
Employment Law
Workplace Safety and Insurance Appeal Tribunal Bars Constructive Dismissal Action
November 18, 2020
Facts The complaining Employee was employed as a housekeeper at a hotel in Niagara Falls, Ontario where she was allegedly harassed and taunted by her colleagues and supervisor for having an unpleasant odour and for other matters related to a diagnosed medical condition. While still working at the hotel, the Employee filed a human rights
Practice Area
Labour Law
Employee or contractor? Mischaracterizations can be costly
November 3, 2020
“Increased awareness of labour law could lead to more litigation regarding employment contracts for financial advisors”. Please click here to view the full article by Fiona Collie
Racial Discrimination Complaints and EDI Policies and Training
October 28, 2020
In June 2020, the Ontario Human Rights Tribunal ruled in favour of an applicant who was the victim of a racial slur during the course of being served at a local pizza franchise. The applicant had just ordered lunch with his friends from high school when one member of the group accidentally cracked a window
Expertise
Employment Law
Fraser v. Canada (Attorney General): Supreme Court of Canada rules that RCMP pension plan discriminates against women, breaches section 15 of the Charter
October 23, 2020
On October 16, 2020, the Supreme Court of Canada (the “Court”) ruled that the Royal Canadian Mounted Police (“RCMP”) pension plan breaches section 15 of the Canadian Charter of Rights and Freedoms (“Charter”) on the ground of sex and perpetuates discrimination against women by precluding members who participate in job-sharing arrangements from purchasing full-time pension
Practice Area
Labour Law
Fraser v. Canada (Attorney General): Supreme Court of Canada rules that RCMP pension plan discriminates against women, breaches section 15 of the Charter
October 23, 2020
On October 16, 2020, the Supreme Court of Canada (the “Court”) ruled that the Royal Canadian Mounted Police (“RCMP”) pension plan breaches section 15 of the Canadian Charter of Rights and Freedoms (“Charter”) on the ground of sex and perpetuates discrimination against women by precluding members who participate in job-sharing arrangements from purchasing full-time pension
Practice Area
Pension and Benefits
The Employment Group at Koskie Minsky LLP Presents its 10th Annual Complimentary Seminar
October 22, 2020
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
Expertise
Employment Law
Philip Graham to Speak at the IFEBP’s Conference
October 15, 2020
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.
PROMPT PAYMENT AND ADJUDICATION – YEAR ONE IN REVIEW
October 14, 2020
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
Arleen Huggins to Receive a 2020 Law Society Medal
October 8, 2020
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 to Speak at the Lancaster House’s National Human Rights and Accommodation Conference
October 5, 2020
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.
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
Bill 188: Reviewing Significant Changes to PHIPA
September 16, 2020
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
Expertise
Privacy and Compliance
COVID-19 UPDATE: The Ontario Government Extends Support for Employers and Employees
September 4, 2020
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
Expertise
Employment Law
Philip Graham Certified in Privacy Law
August 31, 2020
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!
Fifteen KM Lawyers Listed in the 15th Edition of The Best Lawyers in Canada®
August 27, 2020
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 –
Arleen Huggins and Nancy Shapiro at the OBA Labour & Employment Law Webinar
August 27, 2020
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 to Speak at the 2020 HR Law Conference: Constructive Dismissal
August 27, 2020
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.
Arleen Huggins Appointed to Lead Trustee Code of Conduct Review
August 19, 2020
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
It’s Time to Review Your Termination Provisions…Again!
August 5, 2020
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
Expertise
Employment Law
Maintaining Privacy Standards while working from home during COVID-19
July 7, 2020
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
Expertise
Privacy and Compliance
Nancy Shapiro Participates in FICPI Webinar
July 6, 2020
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
Unconscionability at the heart of the SCC Decision to permit the Uber Class Action for ESA infringement to proceed
July 6, 2020
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
Expertise
Employment Law
KM Lawyers to Serve on OBA Law Section Executives
June 25, 2020
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
Minister of Education Releases Investigator Arleen Huggins’ Report on the Peel District School Board
June 9, 2020
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
Employer Liability for Racial Profiling: Important Reminders from the HRTO
June 9, 2020
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
Expertise
Employment Law
CRA allows COVID related extension of carry forward rules for health care spending accounts
June 8, 2020
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
Practice Area
Pension and Benefits
O. Reg. 228/20- Ontario Government Effort to Avoid Deemed Terminations and the Onslaught of Constructive Dismissal Claims Under the ESA
June 3, 2020
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
Expertise
Employment Law
FSRA Releases Guidance on Commuted Value Transfers and Annuity Purchases for DB Plans
May 25, 2020
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
Practice Area
Pension and Benefits
Workplace Safety and Insurance Appeals Tribunal Releases Best Practices Guidelines for Teleconference Hearings
May 25, 2020
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
Practice Area
Labour Law
Workplace Safety and Insurance Appeals Tribunal Releases Best Practices Guidelines for Teleconference Hearings
May 25, 2020
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
Practice Area
Pension and Benefits
Federal Government decides no CERB top-ups from Supplemental Unemployment Benefit Plans
May 13, 2020
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:
Practice Area
Pension and Benefits
Federal Wage Subsidy Backgrounder
May 12, 2020
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
Practice Area
Labour Law
Federal Wage Subsidy Backgrounder
May 12, 2020
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
Practice Area
Pension and Benefits
Fourteen KM Lawyers Listed in The Canadian Legal Lexpert Directory 2020
May 11, 2020
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 interviewed by Canadian Lawyer Magazine
May 11, 2020
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.
Expertise
Privacy and Compliance
FSRA Releases Guidance Regarding Ongoing Impact of COVID-19
April 29, 2020
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
Practice Area
Pension and Benefits
Hearings still “ZOOM-ing” along
April 27, 2020
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
Practice Area
Labour Law
Canada’s Pension Regulators Release New Measures in Response to COVID-19
April 24, 2020
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.
Practice Area
Pension and Benefits
FSRA posts financial hardship withdrawal criteria amid Covid-19 Pandemic
April 17, 2020
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
Practice Area
Pension and Benefits
WSIB – Employer Relief Package
April 13, 2020
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
Practice Area
Labour Law
WSIB – Employer Relief Package
April 13, 2020
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
Practice Area
Pension and Benefits
COVID-19: What Ontario Employers and Employees Need to Know Now
April 13, 2020
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
Expertise
Employment Law
UPDATE: Does the COVID-19 Suspension Order Affect Construction Liens & Statutory Holdbacks?
April 10, 2020
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
Does the COVID-19 Suspension Order Affect Construction Liens & Statutory Holdbacks?
April 7, 2020
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
Desperate Measures: The “Force Majeure” Clause and Frustration of Contract
April 7, 2020
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
Reasonable Notice In Times Of Covid-19
April 6, 2020
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
Expertise
Employment Law
Provincial Pension Regulators Release Statements on the Impact of COVID-19 on Pension Plans
April 3, 2020
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
Practice Area
Pension and Benefits
Operations at the WSIB and the WSIAT
April 3, 2020
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.,
Practice Area
Labour Law
Operations at the WSIB and the WSIAT
April 3, 2020
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.,
Practice Area
Pension and Benefits
WSIB Policy on Claims due to COVID-19
April 1, 2020
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
Practice Area
Labour Law
WSIB Policy on Claims due to COVID-19
April 1, 2020
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
Practice Area
Pension and Benefits
Koskie Minsky and Co-Counsel Named Lexpert’s Class Action Team of the Year Finalists
March 31, 2020
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
OSFI Issues Letter on COVID-19 to Federally Regulated Pension Plans
March 30, 2020
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
Practice Area
Pension and Benefits
FSRA Releases Statement on the Impact of COVID-19 on Pension Plans
March 26, 2020
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
Practice Area
Pension and Benefits
COVID-19: Employment-Related FAQ’s for Trade Unions and Their Members
March 26, 2020
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
Practice Area
Labour Law
Important Update Regarding Firm Operations: COVID-19
March 17, 2020
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 Legislation & Trade Unions – An Unsettled Relationship
March 16, 2020
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
Expertise
Privacy and Compliance
Nancy Shapiro at the OBA Labour & Employment Law Program
March 12, 2020
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.
Ontario Court Recognizes Privacy Tort: Publicly Placing a Person in False Light
March 9, 2020
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
Expertise
Employment Law
Ontario Court Recognizes Privacy Tort: Publicly Placing a Person in False Light
March 2, 2020
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
Expertise
Privacy and Compliance
Labour Board Rules that Foodora Couriers are Dependent Contractors and Can Unionize
February 27, 2020
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
Practice Area
Labour Law
Termination Clauses: “the greater of x or y”, how the disjunctive nature of your termination clause could render it null and void!
February 24, 2020
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
Expertise
Employment Law
Koskie Minsky Launches Privacy Practice
February 24, 2020
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
Expertise
Privacy and Compliance
James Sayce to Speak at The Advocates’ Society “Motion Advocacy” Program
February 24, 2020
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
Koskie Minsky Launches Privacy Practice
February 19, 2020
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
Expertise
Employment Law
Koskie Minsky Launches Privacy Practice
February 18, 2020
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,
Understanding Bill 124: The Government’s Control Mechanism for Public-Sector Salaries
January 29, 2020
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
Practice Area
Labour Law
Employee Not Entitled to Await Information to Ascertain Likely Success of Claim before Suing Employer
January 27, 2020
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
Expertise
Employment Law
Murray Gold to Speak at the Osgoode Hall Law School Professional Development Program “Managing the Legal Responsibilities & Risks of Climate Change”
February 3, 2020
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 to Speak at the OBA’s Pension & Benefits Law Program – Pensions and Benefits Law: What to Expect in 2020
February 5, 2020
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.
Practice Area
Pension and Benefits
Ontario’s Legislature Passes Bill 132, Amending Various Provisions of the Pension Benefits Act
December 17, 2019
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
Practice Area
Pension and Benefits
New Changes to Simplified Procedure and Small Claims Court to Come into Effect January 1st, 2020
November 20, 2019
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
Expertise
Employment Law
Michael Mazzuca to Speak at Lancaster House’s 2019 Toronto Pensions Conference
November 28, 2019
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 Group at Koskie Minsky LLP Presents its 9th Annual Complimentary Seminar
October 25, 2019
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 to Speak at the OBA’s Business Law Program
November 20, 2019
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”.
Koskie Minsky Proudly Supports jack.org
October 3, 2019
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 to Speak at The Advocates’ “Society Equality, Diversity and Inclusion for Litigators” Program
October 3, 2019 - October 3, 2019
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
Expertise
Employment Law
Arleen Huggins to Speak at the OBA’s Labour and Employment Law Program “Ending the Employment Relationship”
October 29, 2019
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
Expertise
Employment Law
Koskie Minsky LLP Is a Proud Supporter of the Labour Movement
August 30, 2019
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.
Practice Area
Labour Law
The Ontario Court of Appeal Confirms Reasonable Notice ‘Cap’ of 24 Months’, Absent Exceptional Circumstances
August 23, 2019
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
Expertise
Employment Law
Ten KM Lawyers Listed in the 14th Edition of The Best Lawyers in Canada®
August 21, 2019
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
Rochelle Koskie
July 31, 2019
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 to Speak at the LSO’s Workplace Investigations: A Comprehensive Look at Emerging Issues and Practical Solutions Program
September 23, 2019
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 joins the Board of Directors of the Industrial Accident Victims’ Group of Ontario
July 29, 2019
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.
Employer Held Liable for $125,000 in additional damages as a result of Counterclaim
July 15, 2019
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
Expertise
Employment Law
Michael Mazzuca will be an Instructor at the International Foundation’s Master of Trust Management Standards Program
July 12, 2019
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
Department of Finance Clarifies Requirements for Converting Health and Welfare Trusts to Employee Life and Health Trusts
June 6, 2019
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
Practice Area
Pension and Benefits
Nancy Shapiro to Speak at the CBA Webinar: Drafting Effective Employment Agreements
June 4, 2019
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
Twelve KM Lawyers Listed in The Canadian Legal Lexpert Directory 2019
May 2, 2019
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
Court of Appeal- Whether Signed Release bars an LTD claim requires a trial
April 15, 2019
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
Expertise
Employment Law
Andrew Hatnay to Speak at the 2019 TMA Symposium
April 16, 2019 - April 16, 2019
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
Minister Morneau Tables Budget 2019
March 22, 2019
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
Practice Area
Pension and Benefits
Termination of Employment in Ontario in 2019: A Brief Overview
March 18, 2019
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
Expertise
Employment Law
James Harnum to Speak at OBA Professional Development Seminar
March 15, 2019
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.
Practice Area
Pension and Benefits
KM Labour Lawyers at the Six Minute Labour Lawyer Program
March 15, 2019
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.
Practice Area
Labour Law
Craig Flood to Speak at the OBA Young Lawyers Session on Labour Law Essentials
March 15, 2019
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.
Practice Area
Labour Law
Jonathan Ptak interviewed on W5 about the Ontario Training Schools Class Action
March 11, 2019
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
Congratulations Charles Gordon, Q.C., Recent Recipient of Queen’s Counsel Designation
March 1, 2019
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 to Speak at the OBA Labour and Employment Law Program
February 26, 2019
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 Sponsors the Black Law Students’ Association of Canada’s Diversity Moot
January 26, 2019
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.
Uber Class Action Back in Gear
January 22, 2019
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
Expertise
Employment Law
Uber Class Action Back in Gear
January 22, 2019
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
Practice Area
Labour Law
Choice of Law Clause Enforced
January 14, 2019
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
Expertise
Employment Law
Ford Government Pre-Emptively Removes Power Workers’ Right to Strike with Bill 67
December 21, 2018
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
Practice Area
Labour Law
Legal action against the Manitoba Development Centre
December 20, 2018
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
Practice Area
Class Actions
David Rosenfeld Quoted in CBC News article about the Manitoba Development Centre Class Action
December 19, 2018
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.
Practice Area
Class Actions
Andrew Hatnay to Speak at the 16th Annual Review of Insolvency Law Conference
February 1, 2018
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.
Ford Government Tables Bill 66
December 11, 2018
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
Expertise
Employment Law
Ford Government Tables Bill 66
December 11, 2018
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
Practice Area
Labour Law
Arbitrator finds that employer discriminated against employee with respect to the administration of diabetes related care
December 10, 2018
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
Practice Area
Labour Law
Bill 47 Changes to Ontario Labour and Employment Legislation Have Now Passed
November 30, 2018
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
Expertise
Employment Law
Bill 47 Changes to Ontario Labour and Employment Legislation Have Now Passed
November 30, 2018
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
Practice Area
Labour Law
Amy Tang to speak at the Fairmont Palliser Hotel Calgary, Alberta about Sears pension
November 22, 2018
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.
Practice Area
Pension and Benefits
Mireille Giroux to Speak at the University of Toronto Law School
November 13, 2018
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 featured in Law Times about U of T’s law school fees
November 13, 2018
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
Legal challenge over Thalidomide compensation certified as class action
November 2, 2018
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
Practice Area
Class Actions
Naming the Correct Parties Correctly: A note on common corporate law errors made by union-sponsored pension and benefit plans
October 31, 2018
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.
Practice Area
Pension and Benefits
Bill 47 Proposes Significant Changes to Ontario Labour and Employment Legislation
October 24, 2018
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,
Practice Area
Labour Law
Bill 47 Proposes Significant Changes to Ontario Labour and Employment Legislation
October 24, 2018
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,
Expertise
Employment Law
The Employment Group at Koskie Minsky LLP Presents its 8th Annual Complimentary Seminar
October 24, 2018
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
Expertise
Employment Law
Broader Federal Jurisdiction Over Labour Relations Connected to Federal Undertaking
October 22, 2018
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
Practice Area
Labour Law
Eggleton Tables Bill to Protect Pensioners Before and During a Company’s Insolvency
October 4, 2018
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
Practice Area
Pension and Benefits
2 Important Lessons – ESA compliance by an Employer is not Ever Constructive Dismissal & We are Reminded that Family Status Accommodation is a Dialogue
October 1, 2018
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
Expertise
Employment Law
Koskie Minsky Top-Ranked in the 2019 Chambers Canada Guide
September 24, 2018
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!
OHRC Releases Annual Report
September 6, 2018
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
Practice Area
Labour Law
Nine KM Lawyers Listed in the 13th Edition of The Best Lawyers in Canada®
August 21, 2018
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
Talos v. GEDSB: Ontario’s Human Rights Code Violates Section 15(1) of the Charter in allowing age discrimination in the provision of workplace benefits in Ontario
August 14, 2018
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
Practice Area
Pension and Benefits
US Supreme Court Rules Against Mandatory Public Sector Union Fees
July 23, 2018
“. . . 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
Practice Area
Labour Law
Issues over Personal Emergency Leave and Personal Emergency Pay Resolved by Labour Board
July 9, 2018
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
Practice Area
Labour Law
Nancy Shapiro to address Weed in the Workplace, part of the OsgoodePD O Cannabis! Webinar Series.
July 9, 2018
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.”
Expertise
Employment Law
Further Clarification on Mitigation Earnings and Deduction from Damages
July 4, 2018
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
Expertise
Employment Law
The Supreme Court of Canada Affirms Deference to Administrative Tribunals that Engage Charter Rights
July 3, 2018
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
Practice Area
Labour Law
Celeste Poltak Winner of a 2018 Lexpert Zenith Award
June 20, 2018
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
New Posting Requirements for Employers under the Smoke-Free Ontario Act, 2017, Effective July 1, 2018
June 8, 2018
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
Expertise
Employment Law
What Will the Provincial Election Mean for Labour and Employment Law?
May 22, 2018
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
Practice Area
Labour Law
Murray Gold to Speak at the Brazilian Association of Pension Funds’ International Seminar
May 31, 2018 - June 6, 2018
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”.
Practice Area
Pension and Benefits
“Suspicionless” Drug Testing Policy Unreasonable
May 10, 2018
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
Practice Area
Labour Law
David Rosenfeld Quoted in CBC News article about the Qalipu Mi’kmaq First Nation Band Class Action
May 10, 2018
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.
BILL 148 UPDATE: ONTARIO GOVERNMENT REVERTS BACK TO OLD PUBLIC HOLIDAY PAY FORMULA – FOR NOW!
May 10, 2018
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
Expertise
Employment Law
Ontario Introduces New Funding Requirements for Defined Benefit Pension Plans
May 8, 2018
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
Practice Area
Pension and Benefits
Andrea Bowker of Koskie Minsky LLP to become solicitor at Ontario Labour Relations Board
May 1, 2018
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
Practice Area
Labour Law
David Rosenfeld Quoted in CBC News article about the Qalipu Mi’kmaq First Nation Band Class Action
April 26, 2018
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.
Practice Area
Class Actions
Arleen Huggins Named Recipient of the 2018 Women’s Law Association of Ontario President’s Award
April 25, 2018
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
Benefit plans can discriminate against marijuana: Canadian Elevator Industry Welfare Trust Fund v Skinner, 2018 NSCA 31
April 24, 2018
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
Practice Area
Pension and Benefits
Mark Zigler appointed as Co-Lead Commission Counsel for the Ontario Long-Term Care Homes Public Inquiry
April 23, 2018
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,
Recovery of Variable Compensation during the Notice Period
April 23, 2018
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
Expertise
Employment Law
Equal Pay Provisions of the ESA Now in Force
April 9, 2018
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
Expertise
Employment Law
Katherine Ferreira Joins the Advisory Committee for the Centre for Law in the Contemporary Workplace at Queen’s University
April 4, 2018
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
Labourers’ International Union of North America, Ontario Provincial District Council, Applicant v. Govan Brown & Associates Limited et. al.
March 29, 2018
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
Practice Area
Labour Law
David Rosenfeld interviewed on Global News about the Thalidomide Survivors Contribution Program Class Action
March 26, 2018
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 to Speak at the OBA’s Annual Update on Human Rights
May 31, 2018
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
Applications for Employee Lists: A Strategic Organizing Tool
March 22, 2018
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
Practice Area
Labour Law
David Rosenfeld Quoted in Journal de Montréal’s Article about the Thalidomide Survivors Contribution Program Class Action
March 15, 2018
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
Practice Area
Class Actions
2018 Federal Budget: The Death of Health and Welfare Trusts and Other Items of Interest
March 1, 2018
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
Practice Area
Pension and Benefits
Arleen Huggins to Speak at York University’s International Day for the Elimination of Racial Discrimination 2018 Event
March 21, 2018
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 to Speak at the TLA’s “Fostering Women Leadership in the Legal Profession” Program
May 10, 2018
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.
Parking the Uber Class Action
February 12, 2018
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
Practice Area
Class Actions
Arleen Huggins to Speak at the OBA Business Law Program
March 8, 2018
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 to Speak at the 15th Annual Review of Insolvency Law Conference
February 8, 2018 - February 9, 2018
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”.
What happens when a restrictive covenant is too…..restrictive
January 15, 2018
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
Expertise
Employment Law
Legislative Changes Aim to Produce Fair Workplaces and Better Jobs
January 5, 2018
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
Tax Court Releases Precedent Setting Decision on Taxability of Certain Benefit Claims in Nortel Insolvency Proceeding
December 21, 2017
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
Practice Area
Pension and Benefits
Murray Gold to Speak at the 2018 B.C. Pension Leadership Forum: Facing Challenges, Finding Solutions
February 22, 2017
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
Practice Area
Pension and Benefits
Contractor of Employer Can Be Held Liable in Human Rights Complaint
December 19, 2017
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
Expertise
Employment Law
Hassan Ahmad Quoted in The Lawyer’s Daily
December 14, 2017
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.
CBC Ideas Broadcasts the Koskie Minsky University Lecture on Labour Law
December 6, 2017
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
Practice Area
Labour Law
Jurisdiction simpliciter: Not so simple
December 1, 2017
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
Practice Area
Class Actions
CBC Ideas to Broadcast the 9th Koskie Minsky University Lecture on Labour Law
December 1, 2017
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
It Turns Out Probation Means Exactly What you Thought!
November 27, 2017
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
Expertise
Employment Law
Arleen Huggins to Speak at the OBA Labour and Employment Law Program
November 29, 2017
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
Omnibus Provincial Budget (Bill 177) Takes Aim at Pension Reform
November 20, 2017
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,
Practice Area
Pension and Benefits
Koskie Minsky University Lecture in Labour Law, University of Western Ontario
November 14, 2017
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
Ontario Court of Appeal rules again on termination provisions in North v. Metaswitch
October 30, 2017
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
Expertise
Employment Law
Kevin Flynn Special Guest at the 2017 Labour Law Lecture and Conference
October 25, 2017
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 to Speak at the OBA’s Class Actions Law Program
November 21, 2017
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
Private Members’ Bills Seek to Amend Insolvency Legislation to Better Protect Pensioners and Employees
October 20, 2017
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
Practice Area
Pension and Benefits
Save the date! Koskie Minsky University Lecture in Labour Law, University of Western Ontario
November 3, 2017 - November 4, 2017
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
Federal Government Confirms that Employee Discounts will Remain Non-Taxable
October 13, 2017
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
Practice Area
Pension and Benefits
Mireille Giroux to Speak at the Lancaster House Workplace Safety and Insurance Conference
October 13, 2017
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.
Practice Area
Labour Law
Koskie Minsky Proud Partner Sponsor of the Annual Persons Day Event
October 11, 2017
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 to Speak at the 7th Annual Current Topics in Ethics & Professionalism Program
October 18, 2017
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 to Present at The Osgoode Certificate in Workplace Mental Health Law Program
November 14, 2017
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
Disabled Employees Cannot be Given Working Notice
October 4, 2017
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
Expertise
Employment Law
Ontario brings in Administrative Monetary Penalties for Breaches of the Pension Benefits Act
October 4, 2017
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
Practice Area
Pension and Benefits
Arleen Huggins to Speak at the 18th Annual Employment Law Summit
October 19, 2017 - October 19, 2017
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.
Expertise
Employment Law
Celeste Poltak Appointed to Law Commission’s Expert Reference Group on Class Actions
October 2, 2017
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
Practice Area
Class Actions
Koskie Minsky Top-Ranked in the 2018 Chambers Canada Guide
September 29, 2017
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!
Koskie Minsky Labour Lawyers to Participate in 8th Biennial Construction Labour Relations Conference
November 6, 2017 - November 7, 2017
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
Practice Area
Labour Law
Limitations Periods Under the Securities Act – the horror continues
September 15, 2017
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
Practice Area
Class Actions
The Employment Group at Koskie Minsky LLP Presents its 7th Annual Complimentary Seminar
October 25, 2017
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
Expertise
Employment Law
The difficulties in using the Charter to remedy pension and benefit issues: Bemister v. Canada
August 25, 2017
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
Practice Area
Pension and Benefits
Eight KM Lawyers Listed in the 12th Edition of The Best Lawyers in Canada®
August 22, 2017
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.
Is Termination for Cause the Capital Punishment for Dishonesty?
August 21, 2017
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
Expertise
Employment Law
Andrew Hatnay Comments on the Sears Canada CCAA Proceeding
August 18, 2017
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
Practice Area
Pension and Benefits
Mark Zigler and Murray Gold to Speak at the IFEBP’s 50th Annual Canadian Employee Benefits Conference
August 20, 2017 - August 23, 2017
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.
Superior Court Restores Mature Action to the Trial List
August 17, 2017
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,
New guidance on mitigation of wrongful dismissal damages from the Court of Appeal
August 8, 2017
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
Expertise
Employment Law
Actions Speak Louder than Words: Dependant Contractor Owed Notice of Termination
July 31, 2017
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’
Expertise
Employment Law
Koskie Minsky Proud Sponsor of The Equality Effect | “160 Girls”
July 14, 2017
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
Bill C-4 Restores Card-Based Certification for Workplaces Under Federal Jurisdiction, Removes Certain Financial Disclosure Obligations on Trade Unions
June 22, 2017
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
Practice Area
Labour Law
Koskie Minsky Appointed as Representative Counsel to the Retirees of Sears Canada
June 22, 2017
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
Practice Area
Pension and Benefits
Section 5(1)(a)(iv) of the Limitations Act, 2002: When Alternate Means of Recovery Delays the Running of the Clock
June 7, 2017
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
Major Labour and Employment Law Changes Coming to Ontario
June 2, 2017
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
Expertise
Employment Law
Uncertain Notice of Termination is Not Notice
May 31, 2017
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
Expertise
Employment Law
Ontario Announces New Funding Framework for Defined Benefit Pension Plans
May 19, 2017
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:
Practice Area
Pension and Benefits
KM proudly supports The Law Society Foundation’s “Lawyers Feed the Hungry” Program
May 16, 2017
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
References are Protected Under the Defence of Qualified Privilege and Absent Malice cannot Give Rise to Damages
May 15, 2017
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
Expertise
Employment Law
Ontario Budget: Highlights for Unions, Employees and Benefit Plans
May 12, 2017
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
Practice Area
Pension and Benefits
Cost consequences of offers to settle – When is the commencement of trial?
May 8, 2017
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
Eleven KM Lawyers Listed in The Canadian Legal Lexpert Directory 2017
May 5, 2017
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
Failure to pay $300,000 bonus is not constructive dismissal
May 2, 2017
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
Expertise
Employment Law
Employment Misclassification Case Certified Against Deloitte
April 27, 2017
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
Practice Area
Class Actions
Federal and Provincial Budgets: Highlights for Employees, Trade Unions and Benefit Plans
April 25, 2017
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
Practice Area
Pension and Benefits
Requesting a severance package does not a resignation make
April 20, 2017
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
Expertise
Employment Law
Koskie Minsky Supports First Nations Nutrition Program
April 5, 2017
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
Court Corrects Breach of Natural Justice
April 4, 2017
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
Denying access to medical marijuana can be discriminatory
March 24, 2017
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
Practice Area
Pension and Benefits
“Migrant Dreams” Documentary Awarded Hillman Prize for Journalism
March 23, 2017
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
Koskie Minsky Recognized in the 2017 Chambers Global and Chambers Canada Guides
March 20, 2017
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!
Alternative Offer of Employment Must be Objectively Reasonable
March 20, 2017
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,
Expertise
Employment Law
David Rosenfeld Speaks at the OBA’s Public Law Class Actions Program
March 27, 2017
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
Fast Food Employee’s Wrongful Termination Results in Aggravated Damages
March 6, 2017
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
Expertise
Employment Law
Nancy Shapiro Speaks at Osgoode’s Successful Settlements 2017: Strategies and Tactics for Civil Litigators Program
March 24, 2017
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 to Speak at the OBA’s 15th Annual Current Issues in Employment Law Program
May 4, 2017
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?
Summary Judgment and Notice Awards
February 24, 2017
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,
Expertise
Employment Law
Kirk Baert Speaks at the OBA’s Public Law Class Actions Program
March 27, 2017
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 Speaks at the CBA National Webinar: The Nortel Case: The Intersection of Insolvency and Pension
March 22, 2017 - February 22, 2017
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
Scott Robinson interviewed on 650 CKOM regarding impact of Ontario “Sixties Scoop” decision
February 15, 2017
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
Arleen Huggins awarded the 5th Annual Honourable Lincoln Alexander ’53 Award
February 14, 2017
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
Notice Holdback Under the Construction Lien Act: State Your Intention
February 13, 2017
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
2016 Daily Bread Law Firm Challenge – Results are in!
February 8, 2017
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
HRTO will no longer treat family status discrimination differently
February 7, 2017
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
Expertise
Employment Law
Federal Government Announces that Employees will not be Taxed on Employer-Provided Health and Dental Benefits
February 6, 2017
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
Practice Area
Pension and Benefits
Andrew Hatnay to Speak at the 14th Annual Review of Insolvency Law Conference
February 16, 2017 - February 17, 2017
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
Practice Area
Pension and Benefits
New administrative dismissal rule does not override existing appellate powers
February 2, 2017
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
Court of Appeal for Ontario Affirms that “Acceptance” Referenced in Non-Solicitation Covenants will Transform them into Non-Competition Covenants
January 30, 2017
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
Expertise
Employment Law
Arleen Huggins appointed to the Federal Judicial Advisory Committee for Ontario
January 20, 2017
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 Sponsors the Black Law Students’ Association of Canada’s Diversity Moot
January 19, 2017
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 Sponsors Black History Month at Osgoode Hall Law School
January 19, 2017
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.
Caution: Employer Fails to Discharge Duty and Employee Awarded $85,000 in Human Rights Damages and Moral Damages
January 10, 2017
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
Expertise
Employment Law
Court certifies class action and awards summary judgment at same time
January 10, 2017
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
Practice Area
Class Actions
Ontario Enacts the Financial Services Regulatory Authority of Ontario Act, 2016
December 23, 2016
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
Practice Area
Pension and Benefits
2016/17 Holiday Office Hours
December 19, 2016
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 to Speak at the OBA Labour & Employment Law / Workers’ Compensation Law Program
February 7, 2017
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
Expert witness immune from negligence action brought by former client
December 12, 2016
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
Court of Appeal Upholds Finding at No Obligation to Mitigate with same Employer in face of Constructive Dismissal
November 14, 2016
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
Expertise
Employment Law
Murray Gold Appointed to the Pension Asset Expert Panel
November 11, 2016
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
Bill C-27: Federal Framework for Target Benefit Plans
November 11, 2016
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
Practice Area
Pension and Benefits
Sanderson and Bullock Orders Explained
November 10, 2016
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
KM Ranked Among Top-Rated Toronto Labour and Pension Law Firms – Lexpert®
November 10, 2016
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 to Speak at the International Foundation of Employee Benefit Plans’ 49th Annual Canadian Employee Benefits Conference
November 18, 2016 - November 23, 2016
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.
Practice Area
Pension and Benefits
Employees Who Sign Releases Can’t Have Their Cake and Eat It Too
November 9, 2016
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
Expertise
Employment Law
Koskie Minsky LLP at the OEERC Workers’ Bowl
November 7, 2016
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
Cracking the Door Open for Victims of Foreign Abuse: The Playbook is Written
October 19, 2016
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
Practice Area
Class Actions
New privacy tort penalizes sharing of intimate images
October 3, 2016
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
What Does Your Bonus Plan Say?
October 3, 2016
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
Expertise
Employment Law
James Harnum to Speak at The 2nd Annual Canadian Workplace Pensions Forum
September 28, 2016
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.
Two Approaches to Solvency Funding Reform: A summary of Ontario’s Consultation Paper
September 19, 2016
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
Practice Area
Pension and Benefits
Bill 132: Ontario’s Sexual Violence and Harassment Action Plan Act
September 19, 2016
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
Expertise
Employment Law
Applewood or Provincial Partitions, V.I
September 15, 2016
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
Unjust Dismissal Under the Canada Labour Code Remains Alive
September 13, 2016
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
Expertise
Employment Law
Ontario Court of Appeal Upholds Reinstatement by Human Rights Tribunal After 14 Years
August 22, 2016
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
Expertise
Employment Law
Koskie Minsky LLP investigating a potential class action against Performance Sports Group Ltd. (TSX: PSG.TO).
August 22, 2016
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
Koskie Minsky appointed as Representative Counsel to the former employees of Arc Productions
August 19, 2016
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”)
Finally, Canada Pension Plan (CPP) Enhancement
August 8, 2016
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
Practice Area
Pension and Benefits
Family Caregiver’s Rights Upheld by Court
August 3, 2016
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
Expertise
Employment Law
Court Declines to Reinstate Stale Action Against Elderly Couple
July 11, 2016
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
Co-op Atlantic CCAA highlights the need for Representative Counsel at an early stage
July 8, 2016
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
Practice Area
Pension and Benefits
Twelve KM Lawyers Listed in The Canadian Legal Lexpert Directory 2016
July 5, 2016
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
Court of Appeal for Ontario confirms subsection 20(2) of the Construction Lien Act applies to subcontractors
June 28, 2016
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
A Layoff is a Constructive Dismissal but a Failure to Accept a Recall will Limit Damages
June 28, 2016
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.
Expertise
Employment Law
Reminder…You Can’t Sue an Employee for Negligence
June 13, 2016
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
Good for Aggregate Damages
June 2, 2016
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
Practice Area
Class Actions
Can Section 6 of the Construction Lien Act Save Me?
May 31, 2016
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
$10,000 in Human Rights Damages Awarded to One Month Employee
May 30, 2016
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
Expertise
Employment Law
Koskie Minsky LLP appointed by the Ontario Superior Court of Justice as Representative Counsel to former employees of Danier Leather Inc.
May 19, 2016
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
Ari Kaplan authors A Call For Compromise: How to Avoid Legal Pitfalls of Pension Innovation in Benefits Canada (May 6, 2016)
May 9, 2016
To review “A Call For Compromise: How to Avoid Legal Pitfalls of Pension Innovation” (Benefits Canada May 2016) please click here.
Arleen Huggins to Speak at The Osgoode Certificate in Human Rights Theory and Practice Program
May 5, 2016
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.
Expertise
Employment Law
Michael Mazzuca to Appear Before House of Commons Standing Committee on the Repeal of Bill C-377
May 2, 2016
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
Court of Appeal Affirms Certification in G20 Class Action
April 26, 2016
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
Practice Area
Class Actions
Arleen Huggins Winner of a 2016 Lexpert Zenith Award
April 25, 2016
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,
The Ontario Registered Pension Plan
April 21, 2016
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
Expertise
Employment Law
Michael Mazzuca and Barbara Walancik to Speak at the Canadian Legal and Legislative Update
May 12, 2016
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
Master Wiebe confirms obtaining judgment does not necessarily secure a lien bond
April 20, 2016
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 to Participate as an Instructor in SHARE’s Trustee Master Class Course
May 6, 2016
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 to Speak at the International Foundation of Employee Benefit Plan’s Canadian Legal and Legislative Update
May 12, 2016
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 to Speak at 13th National Symposium on Class Actions
April 21, 2016 - April 22, 2016
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 to Speak at The Advocates’ Society Spring Symposium
April 27, 2016
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.
Human Rights Tribunal Expands Definition of Disability to Include Miscarriage
April 11, 2016
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
Expertise
Employment Law
Kirk Baert Quoted in Various Advocate Daily Articles
April 7, 2016
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
Criminal Charges Regarding Activities Unrelated to the Workplace not “Just Cause”
April 6, 2016
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
Expertise
Employment Law
Ontario Court of Appeal: Substantive Justice Outweighs Finality
April 4, 2016
In a number of recent decisions by the Ontario Court of Appeal[1], Ontario’s top Court has highlighted the court’s predisposition to have cases resolved on their merits rather than dismissed on procedural grounds. The latest decision of Labelle v. Canada (Border Services Agency) (“Labelle“) is consistent with the Court of Appeal’s liberal interpretation of the Reid
KM Labour Lawyers at the Six-Minute Labour Lawyer Program
May 26, 2016
Craig Flood will co-chair the Six-Minute Labour Lawyer Program with Jodi Gallagher Healy on May 26, 2016. Craig will also be moderating the Professionalism and Ethics Session along with Ms. Gallagher Healy. Katherine Ferreira will be speaking on the topic of “Effective Remedies for Breach of Privacy.” The Program will take place in Toronto at
Practice Area
Labour Law
Section 39 of the Construction Lien Act – More Information Necessary?
March 21, 2016
Section 39 of the Construction Lien Act provides for the right to make requests for an accounting of payments made on a project. In the case of Comstock Canada Ltd. v. Durr Systems, Inc. et al. 85 O.R. (3d) 355, Justice Ferguson of the Ontario Superior Court of Justice found there to be a new
Nancy Shapiro to Speak at the 14th Annual Current Issues in Employment Law Program
May 5, 2016
Nancy Shapiro will be speaking at the 14th Annual Current Issues in Employment Law Program, being held on Thursday, May 5, 2016, 9:00 am to 4:30 pm, at Twenty Toronto Street Conferences and Events (OBA Conference Centre). Nancy will be speaking about Enhance Your Ability to Tackle Ethical Challenges. For more information about the Program, please
National Mobility for Letters Rogatory and Enforcement of Foreign Judgments in Canada
March 7, 2016
It seems to be a widely held misconception that lawyers must be called to the Bar of a particular province before they can practice in that province. In fact, thanks to the National Mobility Agreement as between the various provincial law societies, lawyers in Canada have the benefit of inter-provincial mobility throughout the common law
Koskie Minsky Investigating a Class Action Concerning IVC Filters
March 7, 2016
Koskie Minsky LLP is investigating a potential class action against C.R. Bard Inc. and Bard Peripheral Vascular, Inc. on behalf of people who have been implanted with IVC filters and who suffered related injuries. An IVC (inferior vena cava) filter is a device that is designed to filter or “catch” blood clots (called “thrombi”) that
Practice Area
Class Actions
Reminder…You Can’t Sue an Employee for Negligence
March 7, 2016
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 purport
Expertise
Employment Law
Common Issues Trial Adjourned in Newfoundland Indian Residential Schools Class Action for Further Discussions
February 26, 2016
Counsel for the parties jointly agreed today to adjourn the common issues trial to allow them to pursue further discussions. “We’ve continued to make progress since our last appearance before the court; and are moving forward in a positive way; however, we had hoped to be further along at this point”, said Kirk Baert, one
Practice Area
Class Actions
Koskie Minsky Proud Supporter of Flip Your Wig for Justice
February 23, 2016
Koskie Minsky is proud to support Flip Your Wig for Justice. Flip Your Wig for Justice is an annual campaign that raises awareness and funds for five Ontario non-profits that are working to improve access to justice. Jody Brown, our firm champion, is featured in the newly released Flip Your Wig for Justice Campaign magazine. For more information
Andrew Hatnay to Speak at The Osgoode Certificate in Pension Law Program
February 24, 2016 - February 24, 2016
Andrew Hatnay will be speaking at The Osgoode Certificate in Pension Law Program on February 24, 2016. Andrew will speak on “Pensions in the Corporate Transactions and Restructuring”. To view the program brochure, please click here.
Practice Area
Pension and Benefits
Toronto Courthouse Makes it Easier for Parties to Get Before a Judge
February 22, 2016
For years, the Toronto civil courts have had to deal with limited resources in the face of increasing caseloads. As a result, the Courts are always trying to figure out streamlined processes in order to maximize the use of the Court’s resources, while still enabling parties to move towards resolution in a cost-effective and timely
Employee’s Request for Accommodation Amounts to a “Personal Choice” – the Facts Really do Matter
February 22, 2016
In a recent decision, the Federal Court of Appeal (the Court”) upheld a decision that found an employee who requested an accommodation in order to breastfeed her child during working hours failed to meet the test for prima facie discrimination. The particular facts of this case lead to the Court finding that the employee’s decision
Expertise
Employment Law
Koskie Minsky Investigating Mercedes-Benz BlueTec Diesel Emissions
February 19, 2016
Koskie Minsky LLP is investigating a potential class action against Mercedes Canada Inc. and DaimlerChrysler AG on behalf of owners of Mercedes BlueTec vehicles. The investigation centres around Mercedes’s possible use of ‘cheat devices’ in its diesel cars. If you own or lease a Mercedes BlueTec vehicle and you think you might be affected, please
Practice Area
Class Actions
Kirk Baert to Present at the 14th Annual Impact Fund Class Action Conference
February 18, 2016 - February 19, 2016
Kirk Baert will be presenting at the 14th Annual Impact Fund Class Action Conference. The Conference takes place in San Francisco from February 18-19, 2016. Kirk will present on “Perspectives on Class Actions and Impact Litigation Around the World.” To view the Conference flyer, please click here.
Practice Area
Class Actions
Ontario Class Action Digest, January 2016
February 8, 2016
January has been a busy month for the release of class action decisions in Ontario, highlights including: three motions concerning summary judgment, including an appeal to the Ontario Court of Appeal from summary judgment on common issues (Pet Valu); two certification decisions, both granting certification; one settlement approval/fee approval motion, which was granted (Imax); and
Practice Area
Class Actions
Superior Court confirms “relevance” and “not otherwise attainable” requirements in enforcing letters rogatory.
February 8, 2016
In Intelsat USA Sales LLC v. Hyde and Majic, Justice Faieta refused to enforce letters rogatory directed against the former in-house counsel of the defendant company, which company was based in Ontario. The basis for Justice Faieta’s decision was that the former in-house counsel’s evidence was not necessary for trial and the evidence to be
Superior Court confirms “relevance” and “not otherwise attainable” requirements in enforcing letters rogatory.
February 8, 2016
In Intelsat USA Sales LLC v. Hyde and Majic, Justice Faieta refused to enforce letters rogatory directed against the former in-house counsel of the defendant company, which company was based in Ontario. The basis for Justice Faieta’s decision was that the former in-house counsel’s evidence was not necessary for trial and the evidence to be
Ari Kaplan to speak to Family Law Section at #OBAInstitute on Overlooked Pension Issues
February 5, 2016 - February 5, 2016
Ari Kaplan will speak to the Family Law Section at the OBA Institute on Overlooked Pension Issues on February 5, 2016. To view the full program agenda, please click here.
Court of Appeal Maintains Denial of Leave in Securities Action
January 28, 2016
The most recent decision from the Ontario Court of Appeal on leave in securities class actions, Goldsmith v. National Bank, continues a trend of denying leave. The action had its origin in the demise of Poseidon Concepts in 2013, a publicly-traded energy services company. The defendant in the action, National Bank, was Poseidon’s financial advisor
Practice Area
Class Actions
Ontario Court of Appeal Overturns CCAA Judge on Disclosure of U.S. Steel’s “Secret Settlement Agreement” with Canada
January 26, 2016
We are pleased to report that the Ontario Court of Appeal has allowed the appeal we filed in respect of the decision of the CCAA Judge refusing to allow access to the Settlement Agreement entered into between US Steel, US Steel Canada and the federal government in 2011. By way of background, US Steel in
Divisional Court Restores Mature Action
January 25, 2016
In Kupets v. Bonavista Pools Limited, Swinton J. sitting as a single judge of the Divisional Court allowed the appeal of Master Abram’s Order dismissing this mature action at a status hearing. By way of background, on May 8, 2009, the Appellants instituted a claim against the Respondent, Bonavista Pools Limited, for alleged damages to
A Glass Of Wine At Lunch May Not Be Cause For Termination
January 25, 2016
The Ontario Superior Court recently held that a car dealership, Wright Auto Sales Inc. (the “Employer”), wrongfully dismissed one of its managers with two years of service (the “Employee”), when it terminated the Employee’s employment for consuming alcohol during the work day and allegedly being under the influence of alcohol while at work. A few
Expertise
Employment Law
Ari Kaplan speaks in Calgary on The Art and Science of Pension Mediation
January 19, 2016
ADRIC Talks – “The Art & Science of Pension Mediation” by Ari Kaplan , Q.Med, Koskie Minsky LLP
Practice Area
Pension and Benefits
Susan Philpott to Speak at the 13th Annual Review of Insolvency Law Conference
February 5, 2016
Susan Philpott will be speaking at the 13th Annual Review of Insolvency Law Conference on February 5, 2016. The Conference will take place at the Westin Bayshore Hotel in Vancouver. Susan will participate in a panel discussion regarding “The Appropriate Scope of Third-Party Releases”. To review the Conference brochure, please click here.
Practice Area
Pension and Benefits
Subsection 53(2) of the Construction Lien Act is habit forming.
January 14, 2016
Recently, opposing counsel failed to serve their issued claim within 90 days of issuance, in accordance with Subsection 53(2) of the Construction Lien Act (the “Act)”. In practice, there are few circumstances where a claim, once issued, does not thereafter get served. The most recent case dealing with Subsection 53(2) is MGI Construction Corp. v. 2273865
Disabled Employee Awarded Hefty Damages for “Horrendous” Treatment
January 14, 2016
A recent case shows how an employer’s conduct both during employment and in the manner of dismissal may be compensated – and deterred – in court proceedings. The Employer company carried on business as a recruiter for focus groups. For over 15½ years the Employee worked with the Employer, initially in an administrative support role,
Expertise
Employment Law
Employer’s Financial Problems Will Not Affect an Employee’s Reasonable Notice
January 5, 2016
The Court of Appeal for Ontario has now definitively addressed the issue of whether an employer’s financial circumstances are relevant to the assessment of an employee’s common law reasonable notice period. In this case, three employee school teachers who were employed on a series of one-year contracts for thirteen, eleven and eight years respectively, appealed
Expertise
Employment Law
Michael Mazzuca to speak at the International Foundation of Employee Benefit Plan’s Institute for Apprenticeship, Training and Education Program
January 18, 2016 - January 20, 2016
Michael Mazzuca will be speaking at the International Foundation of Employee Benefit Plan’s Institute for Apprenticeship, Training and Education Program on January 18, 2016. The program will take place in Rancho Mirage (Palm Springs), California. Michael will be discussing “Tax Issues for Canadian Training Trust Funds.” To review the program brochure, please click here.
Practice Area
Pension and Benefits
Expanded Common Law Trust obligations obstructing timely payment of construction debts
December 21, 2015
We were recently presented with a file where our client obtained judgment against a Defaulting Contractor and commenced enforcement steps, by way of issuing garnishments to various owners that employed the Contractor. With respect to one garnishment, the Owner acknowledged that monies were due and owing under the contract but refused to pay because of
Koskie Minsky To Launch Class Action Due To Flawed Motherisk Lab Testing
December 18, 2015
Koskie Minsky LLP will be issuing a Notice of Action against the Motherisk Drug Testing Laboratory (“Motherisk”) and The Hospital for Sick Children (“SickKids”) on account of hair-strand drug and alcohol testing conducted by Motherisk between 2005 and 2015. Between 2005 and 2015, Motherisk tested hair samples from more than approximately 16,000 individuals, often at
Practice Area
Class Actions
Standing by its Decision: The Right of Administrative Tribunals to Defend their Own Decisions
December 14, 2015
Administrative tribunals derive their powers from legislation, which empowers them to oversee and adjudicate matters in what are sometimes highly complex and specialized areas. Accordingly, tribunals carry out their mandate by adjudicating matters between parties and also, when called upon, making policy and regulatory decisions. The actions and decision of tribunals are not immune from
Correctional Officer’s Failure to Disclose Criminal Charges Not Worthy of Termination
December 7, 2015
The Ministry of Community Safety and Correctional Services (the “Employer”) terminated the employment of a correctional officer (the “Employee”) with approximately seven years of service after it was discovered that she failed to immediately disclose that she had been charged under the Criminal Code with impaired driving while off-duty. The Employer took the position that
Expertise
Employment Law
Solicitor-Client Privilege: What the client needs to know
December 2, 2015
One of the first things a client learns when visiting a lawyer is that everything he or she tells the lawyer will remain confidential. The confidentiality of communications between client and lawyer is necessary to ensure the client is comfortable providing candid information to their lawyer and so the lawyer can give confidential advice and
Murray Gold Appointed to Board of Ontario Retirement Pension Plan Administration Corporation
November 26, 2015
Koskie Minsky LLP is pleased to announce that Murray Gold has been appointed as a member of the initial Board of Directors for the Ontario Retirement Pension Plan (ORPP) Administration Corporation. The ORPP Administration Corporation will be responsible for administering the Ontario Retirement Pension Plan, a plan designed to help Ontario workers retire with greater
Practice Area
Pension and Benefits
Arleen Huggins to Speak at the LSUC’s 4th Annual Human Rights Summit
November 2, 2015
Arleen Huggins will be speaking at the Law Society of Upper Canada’s (LSUC) 4th Annual Human Rights Summit on November 30, 2015. The event will take place at the Donald Lamont Learning Centre, 130 Queen Street West in Toronto. Arleen will speak about “Damages for Human Rights Violations Outside the Human Rights Process’. To view
Expertise
Employment Law
Employee’s Failure to Disclose Disability Meant No Duty to Accommodate
November 24, 2015
In the recent case of Bellehumeur v Windsor Factory Supply Ltd, the appellant suffered from various “disabilities”, which had been reported to the respondent, and for which the respondent was found to have provided reasonable accommodation. The appellant was thereafter terminated for cause after he made violent threats towards another employee. The appellant alleged that
Expertise
Employment Law
Pocket Dial Busts Moonlighting Employee
November 23, 2015
The employee was hired in 2010 into a senior sales position with IBM (the ’employer’). Although the employee had access to office space, his role was substantially based out of his home. At the time of his hiring the employee disclosed to the employer that he had a privately held business which designed and sold residential
Expertise
Employment Law
Ari Kaplan to speak on the Art and Science of Pension Mediation
November 23, 2015
Ari Kaplan will be speaking on the Art and Science of Pension Mediation to the Vancouver Actuaries Club on November 30, the Canadian Bar Association-B.C. on December 1, and at the Lancaster House Pensions Conference on December 2. For details see www.mediationbenefits.co.
Practice Area
Pension and Benefits
Court Proposes “Individual Issues Litigation Plan”
November 20, 2015
On November 16, 2015, Justice Perell released his decision in Lundy v. VIA Rail Canada Inc., 2015 ONSC 7063. As indicated at the outset of the decision, “[t]his mini-sized class action is a test centre for underdeveloped but very important aspects of class action procedure under the Class Proceedings Act, 1992“. A novel aspect of
Practice Area
Class Actions
Murray Gold Quoted in Bottom Line Article
November 13, 2015
Murray Gold was quoted in the Bottom Line article “Report ties climate change to fiduciary duty”. To review the article please click here.
Practice Area
Pension and Benefits
It’s a Global Village: the Supreme Court of Canada rules that the enforcement case of 30,000 Ecuadorian villagers may be heard by Ontario’s Courts
November 10, 2015
On September 4, 2015, the Supreme Court of Canada released its long awaited judgment in Chevron Corp v. Yaiguaje, 2015 SCC 42. Justice Gascon, writing for a unanimous Supreme Court panel, permitted 30,000 Ecuadorian villagers to pursue the enforcement of their Ecuadorian Judgment against Chevron in Ontario. In coming to its conclusion, the Supreme Court
Nancy Shapiro Quoted in Globe and Mail Article
November 5, 2015
Nancy Shapiro was quoted in the Globe and Mail article “Chopping employee pay or benefits cuts both ways”. To view the article, please click here.
Murray Gold to Speak at the Canadian Institute of Actuaries (CIA) Investment Seminar
November 6, 2015
Murray Gold will be speaking at the Canadian Institute of Actuaries (CIA) Investment Seminar, being held on November 6 2015 at the Metro Toronto Convention Centre, 255 Front Street West, Toronto. Murray will speak about “Why is Climate Change Becoming an Essential Consideration of Portfolio Management?”. For more information about the CIA Investment Seminar 2015 please click
Court of Appeal Applies Contextual Approach to Restore a 2007 Action to the Trial List
October 29, 2015
In Cariocas’ Import and Export Inc. v. Canadian Pacific Railway Limited, the Court of Appeal unanimously allowed an appeal restoring a 2007 action to the trial list pursuant to Rule 48.11 of the Rules of Civil Procedure. The decision is significant because it provides a more expansive and liberal interpretation of the test to restore
Court upholds agreement enforcing fixed term contract for a 25 year employee
October 27, 2015
The Employee began working for Sony of Canada Ltd. (the “Employer”) on June 9, 1989. His employment was terminated on March 31, 2015 just prior to his 26th anniversary of continued employment with Sony. As at the termination date, the Employee was 45 years old working as the Director of Sales in the Professional Solutions
Expertise
Employment Law
Supreme Court of Canada Affirms Statutory Trust and Lien Protections for Subcontractors are Distinct and Complementary
October 26, 2015
The Supreme Court of Canada very rarely weighs in on the construction lien regime. However, on appeal from the Manitoba Court of Appeal in Stuart Olson Dominion Construction Co v Structal Heavy Steel (2015 SCC 43), a unanimous Supreme Court confirmed the power of two important statutory protections afforded to subcontractors in the construction industry,
KM Investigating Class Action Against Valeant Pharmaceuticals International, Inc.
October 22, 2015
The class action department of Koskie Minsky LLP today announced that it is investigating a potential class action on behalf of Valeant’s shareholders concerning alleged misrepresentations in Valeant Pharmaceuticals International, Inc.’s public disclosure. On October 21, 2015, the short seller Citron Research issued a report alleging that Valeant Pharmaceuticals International Inc. has failed to disclose
Practice Area
Class Actions
Murray Gold and Mark Zigler to Speak at the 48th Annual Canadian Employee Benefits Conference
October 22, 2015
Murray Gold and Mark Zigler will be speaking at the 48th Annual Canadian Employee Benefits Conference in Las Vegas, November 22-25,2015. The Annual Conference is one of Canada’s largest pensions and employee benefits events, attracting over 1,500 multi-employer trustees, public plan representatives and administrators of both pensions and health and welfare funds. To view Mark Zigler’s paper
Practice Area
Pension and Benefits
Leave to Appeal to the Supreme Court Filed by Koskie Minsky in Constructive Dismissal / Contract Repudiation Case
October 13, 2015
Koskie Minsky filed materials to seek leave from the Supreme Court of Canada (“SCC”) to appeal the Nunavut Court of Appeal’s (“NUCA”) decision in a case that could impact employees across Canada. This leave application, if successful, will allow the SCC its first opportunity to consider whether an employee who raises concerns about her conditions
Expertise
Employment Law
Ari Kaplan to Speak at the Canadian Bar Association – Alberta branch in Edmonton
October 27, 2015
Ari Kaplan will be speaking at the Canadian Bar Association – Alberta branch in Edmonton on October 27 on “The art and science of mediating pensions and benefits disputes and why negotiations produce win-win optimality”.
Nancy Shapiro to Speak at the 16th Annual Employment Law Summit
October 29, 2015
Nancy Shapiro will be speaking at the 16th Annual Employment Law Summit on October 29, 2015. The event will take place at the Donald Lamont Learning Centre, 130 Queen Street West, Toronto. Nancy will be speaking about Termination for Cause.
Expertise
Employment Law
Ari Kaplan to Speak at the ADR Institute of Canada’s 2015 National Conference
October 29, 2015
Ari Kaplan will be speaking at the ADR Institute of Canada’s 2015 National Conference in Calgary on October 29 on “The art and science of pension mediation”.
Andrew Hatnay to Speak at the Canadian Workplace Pensions Forum
September 29, 2015 - September 30, 2015
Andrew Hatnay will be speaking at the Canadian Institute’s Canadian Workplace Pensions Forum on September 29, 2015. Andrew will discuss “Emerging Issues in Pension and Insolvency Litigation”. The conference will take place at the InterContinental Yorkville, Toronto, Ontario. For more information about the Conference, please click here.
Simon Archer and Susan Philpott presenting at the first joint meeting of the AFL-CIO
September 19, 2015
Simon Archer and Susan Philpott presenting at the first joint meeting of the AFL-CIO Lawyers Coordinating Committee and the Canadian Association of Labour Lawyers at Chicago-Kent Law School, Chicago, September 19-20.
One Job Entire Life – Consideration in Award of Notice
September 14, 2015
The Ontario Superior Court of Justice, in a decision rendered by Pollak J. released April 16, 2015, has recognized that a 65 year old employee with over 40 years’ service with his employer was “uniquely situated”; a relevant consideration in deciding the length of notice upon termination of employment. The employee had been employed as
Expertise
Employment Law
Climate Change and the Fiduciary Duties of Pension Fund Trustees in Canada
September 8, 2015
Murray Gold and Adrian Scotchmer have authored a paper for SHARE concerning ‘Climate Change and the Fiduciary Duties of Pension Fund Trustees in Canada'.
Practice Area
Pension and Benefits
Ontario Court Refuses to Hear Case Where Action More Conveniently Heard in Pennsylvania
September 2, 2015
In Legge et al. v. Young et al., the Superior Court of Justice for Ontario determined that although Ontario had jurisdiction simpliciter to hear an action, (a breach of contract action regarding the sale of a Standardbred racehorse) Pennsylvania was the more convenient forum to hear the action and therefore ordered the Ontario proceeding stayed.
Court Finds “Depressed” Employee Abandoned His Employment
September 1, 2015
In a recent decision, the Ontario Superior Court summarily held that an employee that failed to report to work over a period of 8 months, relocated his residence from New Brunswick to Ontario without approval, and failed to follow the policies and procedures applicable to his short term disability claim had abandoned or resigned from
Expertise
Employment Law
Ontario Court Refuses to Hear Case Where Action More Conveniently Heard in Pennsylvania
August 25, 2015
In Legge et al. v. Young et al., Justice Faieta determined that, although Ontario had jurisdiction simpliciter to hear a breach of contract action regarding the sale of a Standardbred racehorse Pennsylvania was the more convenient forum to hear the action and therefore the Ontario proceeding was stayed. In November 2013, the defendant, Mr. Young
Eleven KM Lawyers Listed in the Tenth Edition of The Best Lawyers in Canada®
August 24, 2015
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 tenth edition of The Best Lawyers in Canada. Additionally, Michael Mazzuca has been named the Best Lawyers’ 2016 Employee Benefits Law “Lawyer of the Year” for Toronto. Below is a complete
Court of Appeal Weighs in on Benefits of Case Management
August 24, 2015
In the Court of Appeal for Ontario’s latest pronouncement on the test for certification, Chief Justice Strathy re-iterated Ontario’s liberal approach to certification and focused on the benefits associated with attentive case management as class proceedings wind their way through this province’s courts. Amyotrophic Lateral Sclerosis Society of Essex v. Windsor (City), 2015 ONCA 572
Practice Area
Class Actions
“Ari Kaplan Taking Expertise to Mediation Realm”, Law Times
August 24, 2015
To review the Law Times article entitled “Ari Kaplan taking expertise to mediation realm”.
Employer Faces Vicarious Liability Claim by Employee for Sexual Assault
August 18, 2015
A defendant/employer unsuccessfully tried to stymie a claim by an employee that it was vicariously liable for violence committed by another one of its employees. The plaintiff employee (“Employee”) was a maintenance worker with a theme park (the “Employer”). The Employee alleges that in the summer of 2013 her supervisor (the “Supervisor”) made sexual advances
Expertise
Employment Law
Implied Terms and Business Efficacy as tools for Contractual Interpretation: Not Quite Say What You Mean, Mean What You Say
August 17, 2015
The recent Court of Appeal decision of Energy Fundamentals Group Inc. v Veresen Inc., reminds us of the circumstances in which courts might exercise their power to imply a term into a contract. In this case, the parties entered into a joint venture by way of letter agreement, whereby they were to work together to
Future Base Salary Increases Form part of Employee’s Damages Upon Termination
August 6, 2015
In a recent decision of the Ontario Superior Court of Justice, the Court awarded damages for wrongful termination to an employee based upon the customary salary increase the employee would have received had he been actively working. The employee, a 56 year old, 22 ½ year Director of Business Development, had been terminated without cause.
Expertise
Employment Law
AshleyMadison.com Hack: User Data Leak Exposes Legislative Gaps in Copyright Law
August 4, 2015
A recent cyber-attack against Ashley Madison.com, a dating website for people looking to have an affair, has resulted in the release of confidential information of its users. This raised questions about online security and what legal recourse is available to users where personal data has been stolen and/or leaked. More importantly this incident has become
Contextual approach applied to reinstate administratively dismissed action:
July 23, 2015
The Ontario Court of Appeal recently allowed a plaintiff’s appeal of a motion judge’s order declining to set aside the Registrar’s order administratively dismissing an action against the respondents, Computer Packages Inc. (“CPI”) and Rogers Law Office (“Rogers”). In this action, the appellants sued the respondents for negligently permitting three patents owned by the appellants
Frustration of contract, it’s not just about “time”.
July 14, 2015
An employment contract might be considered “frustrated” when an unforeseeable event occurs that makes it impossible to fulfill the terms of the contract. This recent Ontario Superior Court of Justice case should give employer’s reason for pause and to take a second look at the doctrine of frustration of contract.[1] In this case, an employee
Expertise
Employment Law
Costs Implications for Rule 2.1 Proceedings
July 6, 2015
Access to justice is a hot-button issue that has received numerous headlines as well as extensive comments from the bench. It is a pillar of any just judicial system. With that said however, this basic right is often abused, as parties routinely commence frivolous, vexatious and abusive proceedings. These proceedings slow the whole legal system
Court Denies Summary Judgment in “Private Issuers” Class Action
July 3, 2015
On June 29, 2015, Justice Perell released his decision in Mayotte v Ontario, 2015 ONSC 4196, denying what in effect were cross motions for summary judgment in this certified class action. There were “numerous genuine, novel, and profound issues for trial, and it [was] not in the interests of justice to determine this matter summarily
Practice Area
Class Actions
Enforcing letters rogatory not an all or nothing approach
July 2, 2015
In a recent Ontario Superior Court decision from Master Sprout entitled Sculley v. Pivot Acquisition Corp., 2015 ONCSC 287 the applicant, Mrs. Carol Lee Sculley, brought an application to enforce letters rogatory issued by the circuit court of the Fifteenth Judicial Circuit in and for Palm Beach County in the state of Florida. Mrs. Sculley
Precedent Setting Sexual Harassment Award
June 29, 2015
In a decision of the Human Rights Tribunal of Ontario (“HRTO”) released May 22, 2015, an applicant was awarded $150,000 in general damages against her former employer and its principal. The co-applicant was awarded $50,000. The decision represents a new high-watermark for damage awards. The HRTO found that owing to the fact that the actions
Expertise
Employment Law
Independent Contractor or Dependent Contractor?
June 16, 2015
A recent case from Ontario analyzed the employment status of two long-serving workers. The two plaintiffs worked as installation supervisors for the employer, a kitchen cabinet manufacturer, for 32 years and 26 years, respectively. Up to 1987 both plaintiffs had a formal employment relationship with the employer. In 1987 the employer advised both plaintiffs that
Expertise
Employment Law
Federal Court Certifies Day Student Class Action
June 10, 2015
On June 3, one day after the release of the Executive Summary from the Truth and Reconciliation Commission of Canada, the Federal Court certified a class action concerning day students of Indian Residential Schools [Chief Shane Gottfreidson et al. v. HMQ, 2015 FC 706]. The Indian Residential Schools Settlement Agreement[IRSSA] did not cover students of Residential
Practice Area
Class Actions
Nancy Shapiro to Speak at the Law Society’s Continuing Professional Development Program, The Six-Minute Employment Lawyer 2015
June 5, 2015
Nancy Shapiro will be speaking at the Law Society of Upper Canada’s Professional Development Program entitled “The Six-Minute Employment Lawyer 2015” on Friday June 5, 2015. The program will be held at The Law Society of Upper Canada, 130 Queen Street West, Toronto from 1:30 PM to 5:00 PM.
Expertise
Employment Law
KM Labour Lawyers at The Six-Minute Labour Lawyer Program
June 5, 2015
Craig Flood will co-chair and speak at The Six-Minute Labour Law Program on June 5, 2015. Craig will discuss “Civility and the Limits to Vigorous Representation”. Ernie Schirru will discuss “What is Inappropriate Employer Speech under s.11 of the Labour Relations Act?” The Program will take place in Toronto at The Law Society of Upper
Practice Area
Labour Law
“Postering” and Self-Reporting – ESA May 2015 Deadlines, Building a Stronger Workplace for a Stronger Economy
June 3, 2015
Earlier this year we updated you about some of the changes to Ontario’s employment legislation https://kmlaw.ca/the-esa-in-2015-the-times-they-are-a-changing/. This month we are highlighting two of the changes to the Employment Standards Act, 2000 (“ESA”), which take effect as of May 2015. Employment Standards in Ontario Poster: Under Ontario’s Stronger Workplace for a Stronger Economy Act, 2014, SO
Expertise
Employment Law
Sexually abused Nanny awarded $50,000 by Tribunal
May 26, 2015
On April 1 2015, the British Columbia Human Rights Tribunal granted a Filipino domestic care worker (“Employee”) subjected to sexual misconduct, harassment and discrimination $50,000.00 in damages for loss of dignity, feelings and self-respect. The 28 year old Employee is a mother of two children. To provide for her family, she accepted employment as a
Expertise
Employment Law
Andrew Hatnay to Speak at the 15th International IPEBLA Conference
May 16, 2015 - May 19, 2015
Andrew Hatnay will be speaking at the 15th International IPEBLA Conference, “Changing Times, Changing Benefits” on May 20, 2015 at 10:00 am in Brussels, Belgium. Andrew will discuss “Piercing the Corporate Veil (Sponsoring Employer and Liability of Related Entities).”
Practice Area
Pension and Benefits
Nortel Allocation Dispute – Victory for Canadian Pension Claimants and Former Employees
May 13, 2015
We are very pleased to report that on May 12, 2015, the Ontario Superior Court of Justice (Commercial List) and the United States Bankruptcy Court released consistent decisions requiring the allocation of assets from the sale of Nortel’s businesses and intellectual property be based on a pro rata approach. The “lockbox” of funds from the patent and
Practice Area
Pension and Benefits
Human Rights Tribunal Reinstatement Award After Eight Years Upheld on Judicial Review
April 24, 2015
The Ontario Superior Court of Justice upheld a 2013 decision of the Human Rights Tribunal of Ontario (2013 HRTO 440) where an employee was awarded reinstatement to her employment as a Supervisor with the Hamilton-Wentworth District School Board (the “School Board”). The Complaint had been filed with the Ontario Human Rights Commission (the “Commission”) on
Expertise
Employment Law
The Court of Appeal Facilitates the Enforcement of a Belgium Judgment
April 24, 2015
The Court of Appeal for Ontario has recently released a significant decision which is a blow to judgment debtors who are attempting to avoid their obligations stemming from a foreign judgment. In SA Horeca Financial Services v. Light, 2014 CarswellOnt 16099, the plaintiffs, SA Horeca Financial Services and SA Horeca Logistic Services (collectively “Horeca”) obtained
Service Outside of Ontario: Pitfalls and Lessons
April 8, 2015
In Mitchison v. Zerona International Inc., 2014 ONSC 4738 the plaintiff brought an action in Ontario for damages against the defendant with respect to a franchise business purchased from the defendants. The plaintiffs alleged the defendants violated the Arthur Wishart Act (Franchise Disclosure) 2000, S.O. 2000, C. 3. The statement of claim originally named Zerona Canada,
Michael Mazzuca to make submissions in Ottawa on Bill C-377
April 22, 2015 - April 22, 2015
Michael Mazzuca will be appearing on April 23rd before the Senate Committee on Legal and Constitutional Affairs on behalf of the Canadian Bar Association to make submissions in regards to Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations).
Hardball Tactics by Employer Results in Significant Costs Awards
April 6, 2015
An employee sued for wrongful dismissal alleging he had been terminated without cause and that he had a 5 year minimum term contract guarantee. The employer denied any such guarantee existed and alleged the employee had resigned. The trial judge found the employee to have been terminated, but that no 5 year minimum guarantee existed.
Expertise
Employment Law
Susan Philpott to Teach “Human Rights Considerations” at the Osgoode Certificate in Pension Law Program
April 14, 2015 - April 14, 2015
Susan Philpott is teaching “Human Rights Considerations” in Module 4: Pensions and the Employment Relationship at the Osgoode Certificate in Pension Law on April 15, 2015 at the Osgoode Professional Development Center in Toronto.
Practice Area
Pension and Benefits
Susan Philpott, Simon Archer and Daniel Bertrand to Present “Pension and Benefit Law”
April 7, 2015 - April 7, 2015
Susan Philpott, Simon Archer and Daniel Bertrand are presenting “Pension and Benefit Law”, a full day session on April 8 as part of the Vancouver & District Labour Council Spring 2015 Labour Education, Anita Yan Memorial Law Series.
Practice Area
Pension and Benefits
Provincial Court Adopts Federal Standard for Family Status Claim
March 24, 2015
In a recent decision of the Ontario Superior Court of Justice (“Superior Court”), the test with respect to family status accommodation pronounced by the 2014 Federal Court of Appeal (“FCA”) in Attorney General of Canada v. Johnstone (“Johnstone”) was applied to a like claim made pursuant to the Ontario Human Rights Code, R.S.O. 1990, c.
Expertise
Employment Law
Service Outside of Ontario: Pitfalls and Lessons
March 18, 2015
In Mitchison v. Zerona International Inc., the plaintiff brought an action for damages against the defendant with respect to a franchise business purchased from the defendants. The plaintiffs alleged the defendants violated the Arthur Wishart Act (Franchise Disclosure) 2000, S.O. 2000, C. 3. The statement of claim originally named Zerona Canada, carrying on business as
Case Comment: Acciona Infrastructure Canada Inc. v. Allianz Global Risks US Insurance Company, 2014 BCSC 1568
March 17, 2015
The August 19, 2014 decision of Acciona turns on the issue of coverage under a Course of Construction (COC or Builders Risk) Policy. The decision could be fundamental to the areas of construction and insurance law, and in particular the way in which the courts interpret the LEG2/96 clause – a design/workmanship – exclusion. Unfortunately,
SCC Finds Indefinite Suspension with Pay = Constructive Dismissal
March 11, 2015
On March 6, 2015, the Supreme Court of Canada unanimously overturned the New Brunswick Court of Appeal and the trial judge’s decisions which had concluded that the Employee, the Executive Director of the New Brunswick Legal Aid Services Commission, was not constructively dismissed. The Supreme Court seized the opportunity to provide some guidance on the
Expertise
Employment Law
Nancy Shapiro to Co-Chair and Speak at the CBA’s 13th Annual Current Issues in Employment Law Program
April 30, 2015 - April 30, 2015
Nancy Shapiro will co-chair and speak at the CBA’s 13th Annual Current Issues in Employment Law Program on May 1, 2015. The program will be held at Twenty Toronto Street Conferences and Events, 20 Toronto Street, 2nd Floor, Toronto. Nancy will discuss: “The Final (?) Word on Family Status and the Duty to Accommodate”.
Expertise
Employment Law
Arleen Huggins to Speak at the CBA’s Program on “What Bhasin v. Hrynew Means For Employment Lawyers”
March 9, 2015 - March 9, 2015
Arleen Huggins will be speaking at the Canadian Bar Association’s (CBA) program on “What Bhasin v. Hrynew Means For Employment Lawyers” on March 10, 2015. The program will take place at Twenty Toronto Street Conferences and Events, 20 Toronto Street, 2nd Floor, Toronto, ON.
WELCOME TO MY BLOG!
February 25, 2015
Welcome to my blog about cross-border litigation, enforcing foreign judgments and enforcing letters rogatory. I use this platform to keep my clients and followers informed about recent case law and legislative changes impacting the enforcement of foreign judgments and letters rogatory in Ontario and Canada. In an increasingly globalized and integrated economy, cross-border litigation is
Supreme Court of Canada’s Recent Decisions Change the Legal Landscape for Unions Across Canada
February 23, 2015
In the span of two weeks at the beginning of 2015, the Supreme Court of Canada (SCC) has issued two decisions that will undoubtedly change the legal landscape for organized labour across the country. The first case involved a dispute between the Mounted Police Association and the Attorney General of Canada. At stake was the
Expertise
Employment Law
“Unjust Dismissal” Pursuant to the Canada Labour Code Permits Dismissals on a Without Cause Basis
February 9, 2015
In a surprising decision of the Federal Court of Appeal released January 22, 2015, the Court has held that s. 240 of the Canada Labour Code, R.S.C.C. L-2 (the “Code”) permits dismissals on a without cause basis. On Appeal from the Federal Court, the Federal Court of Appeal considered a complaint which had been decided
Expertise
Employment Law
Laurie Kent and Ernie Schirru Appointed as Adjunct Professors at Osgoode Hall Law School
January 22, 2015
Laurie Kent and Ernie Schirru have been appointed as adjunct professors at Osgoode Hall Law School and will be teaching the upper year JD Collective Bargaining Law Course for the 2015 winter semester
Target Canada Co. files for protection from creditors
January 15, 2015
On January 15, 2015, Target Canada Co. and certain of its subsidiaries and affiliates were granted protection from creditors under the Companies’ Creditors Arrangement Act (“CCAA”) pursuant to an Initial Order of Regional Senior Justice Morawetz of The Ontario Superior Court of Justice. Koskie Minsky LLP was appointed to represent all Employees in the CCAA
The ESA in 2015 – The times they are a changing……
January 12, 2015
Ontario has passed legislation which will bring about key changes to the Employment Standards Act, 2000 (“ESA”), amongst other important changes: Minimum wage will increase annually in accordance with the Consumer Price Index: Effective October 1st and each October thereafter; Will be reviewed in 2020 to determine whether this mechanism has been effective; This change
Expertise
Employment Law
Securing Judgments in Cases Involving Real Property: Certificates of Pending Litigation and Construction Liens
January 7, 2015
You’ve likely heard the old saying that “you can’t squeeze blood from a stone.” As you probably know, litigation is a lengthy, time consuming and expensive process. It can therefore be devastating to learn after years of litigation that an adverse party no longer has any money or assets to satisfy a judgment. In certain
Laurie Kent to serve as the union side co-chair of the Ontario Labour Relations Board Advisory Committee
January 3, 2015
Laurie Kent will serve as the union side co-chair of the Ontario Labour Relations Board Advisory Committee.
Poorly Drafted Employment Contract Proves Very Costly
December 29, 2014
The Ontario Superior Court recently issued a decision in an action for damages for wrongful termination awarding fourteen months’ pay in lieu of notice to an employee with less than three years’ service. The plaintiff employee accepted an offer of employment with the defendant employer, a trucking company, in 2009 to become its “country manager”
Expertise
Employment Law
Termination Without Cause Includes Lay Off
December 15, 2014
The employee signed an agreement at the start of his work, which included a clause limiting his entitlement if his employment was terminated without cause. The contract stated: “… unless an employee is terminated for cause, an employee’s entitlement may be terminated at the sole discretion of the Employer and for any reason whatsoever upon
Expertise
Employment Law
Judgment: Not always the end of the road to recovery
December 12, 2014
Many litigants are under the impression that once a judgment is obtained, payment of the debt owed will follow shortly thereafter. However, that is not necessarily the case. As such, we will examine what it means to obtain default judgment and what steps may need to be taken in order to recover the debt owed
Susan Philpott to Speak at the Lancaster House Pension Conference
December 2, 2014
Susan Philpott will be speaking at the Lancaster House Pension Conference on December 3rd. The conference will take place at The Westin Harbour Castle in Toronto. Susan will participate in a panel discussion about “Collective Bargaining Challenges: Current issues in negotiations”.
Koskie Minsky Co-Sponsors Day-Long Workshop on Challenges and Opportunities in Organizing Nonstandard Work
December 3, 2014
Koskie Minsky LLP co-sponsored a day-long workshop on challenges and opportunities in organizing nonstandard work on December 2, 2014 at the Osgoode Professional Develop Centre in Toronto. Representatives from trade unions, government and civil society organizations will come together for a day-long workshop examining current initiatives, practical innovations and policy options for organizing nonstandard work
Andrew Hatnay and Simon Archer to Speak at the Lancaster House Annual Pension Law Conference Workshop
November 30, 2014
Andrew Hatnay and Simon Archer will be speaking at the Lancaster House Annual Pension Law Conference Workshop on December 1, 2014. The workshop takes place at the Westin Harbour Castle in Toronto. Andrew will discuss “Pension Plans in Trouble: Bankruptcy and insolvency” and “Simon will discuss Pension Plans in Play: Mergers and acquisitions”
James Sayce on CBC’s Metro Morning W. Ross MacDonald School (formerly the Ontario School for the Blind) Class Action
November 25, 2014
To listen to the interview with James Sayce and Robert Seed, please click on the following link: http://www.cbc.ca/player/Radio/Local+Shows/Ontario/Metro+Morning/ID/2615298264/
Practice Area
Class Actions
Koskie Minsky LLP to Host Continuing Professional Development Seminar on November 14, 2014
November 13, 2014 - November 13, 2014
Koskie Minsky LLP will host a Continuing Professional Development Seminar on “Representing the Vulnerable – Professional, Ethical and Practical Issues”. The Seminar will take place on November 14, 2014 at the DoubleTree by Hilton Hotel, 108 Chestnut Street, Toronto from 8:30 am. to 1:00 pm. The Program has been designed to be of assistance to
Koskie Minsky LLP Top Fundraiser at the OEERC Workers’ Bowl
November 12, 2014
Koskie Minsky LLP once again fielded a team at this year’s Workers’ Bowl. Our team – Koskie Minsky LLP, Bowlers and Solicitors – raised over $10,000 for the “Education and Leadership Fund for Workers in Precarious Employment”. This fund supports collaborative projects with the Workers’ Action Centre to provide workers’ rights education and one-on-one support
Quantum of Human Rights Code Damage Awards Remain Uncertain After Recent Divisional Court Decision
November 10, 2014
In 2008, the Ontario Human Rights Code was amended to give the Court jurisdiction to award damages with respect to infringement of human rights, and the $10,000.00 cap with respect to mental distress damages was removed. It left the human rights landscape in Ontario in a state of great uncertainty as to where damages would
Expertise
Employment Law
Arleen Huggins Panellist at the Diversity and Judicial Appointments: Who, When, Why and How Panel Discussion
November 17, 2014 - November 17, 2014
Arleen Huggins will be a panellist at the “Diversity and Judicial Appointments: Who, When, Why and How” Panel Discussion on November 18th, 2014. The event will take place at The University of Ottawa, 57 Louis-Pasteur Street from 11:30 a.m. – 1:00 p.m.
Koskie Minsky LLP Establishes New Award with the University of Toronto Faculty of Law, in Memory of the Honourable Justice Sydney L. Robins Recipient Announced
November 4, 2014
Koskie Minsky LLP is pleased to announce the creation of a new award in memory of The Honourable Justice Sydney L. Robins. The award is presented to any JD student on the basis of academic excellence, financial need and a demonstrated interest in Labour Law. Justice Robins was called to the Bar of Ontario in
Nancy Shapiro Quoted in Toronto Star Article
October 29, 2014
Nancy Shapiro was quoted in the Toronto Star Article entitled “Private life can be cause for firing, experts say after Jian Ghomeshi dismissal”. To view the article, please click on the following link: http://www.thestar.com/business/2014/10/29/private_life_can_be_cause_for_firing_experts_say_after_jian_ghomeshi_dismissal.html
Limitation Period did not Expire for the Employee to Sue on Unpaid Commissions
October 20, 2014
The Employee worked as a mechanical engineer for the Employer. The Employer agreed to pay commissions for products the Employee sold to the government of Iraq in accordance with terms set out in an agreement (“Commission Agreement”). In early December, 2006, the Employee successfully sold products to the government of Iraq. On December 12, 2006,
Expertise
Employment Law
Execution After Judgment-Garnishment
October 14, 2014
Once a creditor obtains judgment for the payment of money, and the judgment debtor does not remit payment within a reasonable time, one of the options available to enforce the judgment is to proceed with a notice of garnishment. The Rules of Civil Procedure outline the procedure for issuance of a garnishment. By notice of
Koskie Minsky LLP appointed by the Ontario Superior Court of Justice as Representative Counsel for all non-USW active employees and retirees of U.S. Steel Canada Inc. (USSC) (formerly Stelco)
October 9, 2014
Koskie Minsky LLP has been appointed by The Honourable Herman J. Wilton-Siegel as Representative Counsel for non-USW active employees and retirees of USSC.
After Acquired Cause = No Entitlement to Termination Package Already Agreed Upon
September 29, 2014
The Ontario Superior Court recently issued a decision refusing to exercise its discretion to enforce the settlement of a wrongful dismissal claim when the employer discovered cause to terminate the employee shortly after signing the settlement. The plaintiff employee worked as an estimator for the employer. The employee was terminated for alleged poor work performance
Expertise
Employment Law
Pursuing Claims in Bankruptcy
September 26, 2014
Just because a debtor is bankrupt (or in another insolvency proceeding), does not necessarily mean creditors will not recover amounts owing from the debtor. This is particularly true for employees (including Unions/Union Trust Funds) who may have super-priority claims in a bankruptcy for unpaid wages and pension contributions. Proving your claim and the ranking of
Arleen Huggins Appointed Pro Bono Legal Counsel to MSF (Doctors Without Borders) Canada’s Human Resources Committee
September 24, 2014
Congratulations to Arleen Huggins who has been appointed pro bono counsel to the Human Resources Committee of Médecins Sans Frontières (MSF) Canada. Médecins Sans Frontières (MSF) is an international, independent, medical humanitarian organization that delivers emergency aid to people affected by armed conflict, epidemics, natural disasters and exclusion from healthcare. MSF offers assistance to people
Termination Clause in Employment Contract Violates Minimum Standards
September 15, 2014
After receiving a broadcast email posting for a Director of Finance position with ABM Canada Inc. (the “Employer”), Paul Miller (the “Employee”) applied for the position. It took a few meetings and some encouragement, but the Employee ultimately accepted a job offer starting in September, 2009, subject to entering an employment contract before starting. Although
Expertise
Employment Law
Andrea Bowker to Speak at the OBA Labour Law Essentials Program
October 14, 2014 - October 14, 2014
Andrea Bowker will be speaking at the OBA Professional Development Program “Labour Law Essentials” on Wednesday October 15, 2014. The program will take place at Twenty Toronto Street Conference and Events, 20 Toronto Street, 2nd Floor, Toronto. Andrea will speak on “Exploring Common Proceedings before the Ontario Labour Relations Board.”
Practice Area
Labour Law
Andrea Bowker to Speak at the Canadian Labour Board Law & Construction Industry Labour Law Conferences
October 20, 2014 - October 21, 2014
Andrea Bowker will be speaking at the Canadian Labour Board Law & Construction Industry Labour Law Conferences on October 22, 2014. The conferences will take place at the Westin Harbour Castle in Toronto. Andrea will be part of a panel discussing “The Impact of the Metron Case on Health and Safety Prosecutions and Other Major Caselaw Developments.”
Practice Area
Labour Law
Eleven KM Lawyers Listed in the Ninth Edition of The Best Lawyers in Canada®
August 25, 2014
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 ninth edition of The Best Lawyers in Canada. Below is a complete list of KM lawyers, by practice area, recognized in the Ninth edition of The Best Lawyers in Canada: Kirk
Co-Worker’s Text Messages Form the Basis of Human Rights Complaint: Employer Not Liable
August 21, 2014
Shortly after finding out she was pregnant, the Applicant exchanged text messages with a friend who worked for the Employer restaurant about potential vacancies. The friend told the Applicant that the Employer was looking to hire a server. The Applicant was interested in the position and met with the friend to discuss it further. The
Expertise
Employment Law
“Men’s Day” Discrimination – Wrongfully Dismissed Employee Awarded Damages In Excess Of Employment Contract
August 18, 2014
A female sales professional was offended by her company’s business development initiative organizing a “Men’s Day” for its clients at a local ski resort. The employee, the only female sales professional with the company, was not invited. The employee brought her concerns to the attention of her supervisor and the president. A few weeks thereafter
Expertise
Employment Law
Reinstatement Offer is Mandatory to Establish Employee Failed to Mitigate Damages by Not Returning to Work Following Termination
August 8, 2014
The Employee was a Manager/Vice President of Operations with thirty eight years of employment tenure with the Employer. The Employer decided to unilaterally change the employee’s position from Vice President of Operations to a Purchasing Manager. The Employee declined to accept this new position. He took the position that he had been constructively dismissed by
Expertise
Employment Law
Craig Flood to Speak on “When Worlds Collide: Navigating the Intersection Between Workers Compensation and Human Rights Law”
September 30, 2014 - September 30, 2014
Craig Flood will be speaking at the Canadian Bar Association program entitled “When Worlds Collide: Navigating the Intersection Between Workers’ Compensation and Human Rights Law” on October 1st, 2014. The Program will take place at Twenty Toronto Street Conferences and Events from 5:30 pm – 8:30 pm.
Practice Area
Labour Law
Expertise
Workers' Compensation
KM Labour Lawyers to Participate in Lancaster’s Health and Safety/Workplace Safety and Insurance Conference
November 3, 2014 - November 4, 2014
Laurie Kent will co-chair Lancaster’s Health and Safety/Workplace Safety and Insurance Conference on November 4-5, 2014. Michael Hancock will speak on “A Fireable Offence? Imposing discipline for health and safety violations”. The Conference will take place in Toronto at the Westin Harbour Castle.
Practice Area
Labour Law
Ontario Human Rights Tribunal Refuses to Defer to the WSIB On Issues Relating to the Duty to Accommodate
July 8, 2014
The Ontario Human Rights Tribunal (“OHRT”) has refused to exercise its discretion to defer consideration of a human rights complaint alleging a failure by an employer to discharge its duty to accommodate despite the fact that the Workplace Safety and Insurance Board (“WSIB”) had issued a decision finding the employer could no longer accommodate the
Expertise
Employment Law
The Employment Group at Koskie Minsky LLP Presents its 4th Annual Complimentary Seminar
October 27, 2014 - October 27, 2014
HOT TOPICS IN EMPLOYMENT LAW Koskie Minsky’s employment lawyers will illuminate the most recent and important issues in the areas of: Social media Harassment Termination for Cause Constructive Dismissal Accommodation of Disability and Family Status Mitigation of Damages October 28, 2014 20 Toronto Street Conference and Events 8:30 – 11:30 a.m. RSVP to the Employment
Motion for Security for Costs
June 26, 2014
Motions for security for costs, brought under Rule 56 of the Rules of Civil Procedure, are a valuable tool available to defendants (and other responding parties) in civil proceedings. On such a motion, a defendant seeks an order requiring the plaintiff pay an amount into court that would cover the defendant’s legal costs, should the defendant
Rule 31.10 Discovery of Non-Parties With Leave
June 25, 2014
In the course of an action, situations may arise where an adverse party lacks knowledge of a key issue that may be known by a non-party to the litigation. In such instances, relief may be available to conduct an examination for discovery of a non-party. Having said that, a party does not have the ability
Ontario Court of Appeal Reduces Notice Period by Six Months.
June 25, 2014
Niranjan Kotecha (the “Employee”) worked for Affinia Canada ULC (the “Employer”), a car manufacturer, as a machine operator for 20 years. The Employee was terminated at age 70 without cause, and the primary issue at a summary judgment motion was the length of the reasonable notice period. The motion judge granted the Employee 22 months
Expertise
Employment Law
Certificate of Pending Litigation
June 24, 2014
If an “interest in land” is disputed between parties, the Courts of Justice Act and the Rules of Civil Procedureprovide a potent remedy for a litigant to seek a Court Order to register a “Certificate of Pending Litigation” (“CPL”) against title to the land(s) at issue. The purpose of a CPL is to put the
Mareva Injunctions
June 24, 2014
In some cases it may be necessary for a plaintiff to seek an injunction from the court, in order to prevent another party from disposing of, encumbering or otherwise dealing with any of its assets during the course of litigation. This type of injunction is called a Mareva injunction. The granting of any injunction by
Arleen Huggins on CBC Metro Morning
June 20, 2014
Arleen Huggins discussed the lack on diversity in Canada’s judges on CBC Metro morning. To listen to the interview, please click here.
Mark Zigler to Speak at the Annual Conference of the International Foundation of Employee Benefit Plans
August 9, 2014 - August 12, 2014
Mark Zigler will be speaking at the Annual Canadian Conference of the International Foundation of Employee Benefit Plans on Legal and Legislative Developments in Pensions and Benefits in Calgary on August 12th.
Arleen Huggins Quoted in the Toronto Star
June 19, 2014
Arleen Huggins was quoted in the Toronto Star article “Peter MacKay tries to explain lack of diversity on federal courts”. To view the article, please click on the following link: www.thestar.com/news/canada/2014/06/18/peter_mackay_tries_to_explain_lack_of_diversity_on_federal_courts.html
Graham Williamson recognized as a Certified Specialist (Labour Law)
June 19, 2014
The Law Society of Upper Canada has recognized Graham Williamson as a Certified Specialist (Labour Law). The Certified Specialist Program recognizes lawyers who have met established Standards of experience and knowledge requirements in the designated areas of law, and have maintained exemplary Standards of professional practice. Graham is one of only 24 Ontario lawyers to
Appeal Court Upholds Award of Damages to Wrongfully Dismissed Executive for Loss of Employee Shareholder Bonus and Value of Shares
June 12, 2014
An employee employed by an engineering company for 18 years was terminated for just cause without notice in November 2010 for improper expense claims. The Supreme Court of British Columbia found that the employee was wrongfully dismissed and awarded the employee 18 months’ pay and benefits in lieu of reasonable notice, including an annual bonus
Expertise
Employment Law
Susan Philpott to Speak at the CALL-ACAMS Annual Conference
June 14, 2014 - June 14, 2014
Susan Philpott will discuss “Target Benefit Plans v. DB Plans – the Latest Battle Front” at the CALL-ACAMS 2014 Annual Conference on June 14, 2014.
Craig Flood to Speak at the Six-Minute Labour Lawyer 2014 Program
June 5, 2014 - June 5, 2014
Craig Flood will be speaking at The Six-Minute Labour Lawyer 2014 Program on June 6, 2014 at 9:30 am. The program will take place at The Law Society of Upper Canada, 130 Queen Street West, Toronto ON. Craig will discuss “Jurisdictional Limits on Innovative Claims for Workplace Harms”
Nancy Shapiro to Speak at the LSUC Program “Tips From the Bench for Junior Lawyers”
June 2, 2014 - June 2, 2014
Nancy Shapiro will be speaking at the The Society of Upper Canada (LSUC) Program entitled “Tips From the Bench for Junior Lawyers” on June 3rd, 2014. Nancy will discuss: Putting Your Best Case Forward – Evidence and Pleadings.
Nunavut Court finds Employee could not allege Constructive Dismissal without it amounting to a Resignation
May 26, 2014
A trial level decision from Nunavut released last year held that an employee’s attempts to negotiate a separation package by way of a demand letter from her legal counsel to her Employer indicating that she had been constructively dismissed but that she was prepared to continue working while terms of a package were negotiated, amounted
Expertise
Employment Law
Workplace Accommodation for Childcare Obligations Upheld by the Federal Court of Appeal
May 14, 2014
The recent unanimous decision of the Federal Court of Appeal in Attorney General of Canada v. Johnstone[1], makes it clear that family status within the Canadian Human Rights Act (the “CHRA”) includes parental childcare obligations, which requires accommodation by employers. This decision serves to illustrate the need for flexible and inclusive work environments for employees
Expertise
Employment Law
Murray Gold Quoted in National Magazine
May 8, 2014
Murray Gold was quoted in the Legal Insights & Practice Trends section of National Magazine. To view the article entitled “Pension Meltdown” please click on the following link: http://www.nationalmagazine.ca/Articles/April-May-2014/Pension-meltdown.aspx.
Practice Area
Pension and Benefits
Koskie Minsky LLP is Proud to Support Pro Bono Law Ontario’s Investing in Justice Campaign
May 5, 2014
Koskie Minsky LLP is proud to support Pro Bono Law Ontario’s (PBLO) Investing in Justice Campaign. Koskie Minsky’s commitment of $25,000 over five years allows PBLO to maintain programming that serves vulnerable Ontarians and provides meaningful pro bono opportunities.
Garth Myers quoted in the Law Times discussing cy-près debate
May 5, 2014
Garth Myers was quoted in the Law Times discussing cy-près debate. To review the article, please click on the following link: http://www.lawtimesnews.com/201405053949/headline-news/counsel-s-recommendation-rejected-as-judge-weighs-in-on-cy-pres-debate
Koskie Minsky LLP Hosted a Seminar On Canada’s Anti-Spam Legislation
April 28, 2014
On April 28th, 2014, Koskie Minsky LLP hosted a seminar on Canada’s Anti-Spam Legislation with guest speakers Richard Austin and James Kosa from Deeth Williams Wall LLP. To review the archived presentation please enter the password below and visit the following link: Password: km0428 http://hosting.epresence.tv/oba/20/Watch/1627.aspx
Kirk Baert to Speak at 11th Annual Symposium on Class Actions
April 24, 2014
Kirk Baert will be speaking at the 11th Annual Symposium on Class Actions on Thursday April 24th, 2014. The Symposium will take place at the Osgoode Professional Development Centre, 1 Dundas St. W., 26th Floor, Toronto ON.
Mandatory Worker and Supervisor Awareness Training
April 21, 2014
Following an expert advisory panel review of Ontario’s occupational health and safety system, a new Ontario Health and Safety Act (OHSA) regulation has been passed and comes into force on July 1, 2014 making worker and supervisor health and safety awareness training mandatory in all workplaces. The new awareness training requirements of the regulation will
Expertise
Employment Law
Editorial by Murray Gold Published in the Toronto Star
April 21, 2014
To review the editorial entitled “Together, we can achieve a secure retirement for all” please click on the following link: http://www.thestar.com/opinion/commentary/2014/04/17/together_we_can_achieve_a_secure_retirement_for_all.html
Practice Area
Pension and Benefits
Susan Philpott Appointed to the ASOC
April 16, 2014
We are pleased to announce that Susan Philpott has been appointed to the Actuarial Standards Oversight Council (ASOC) effective January 1, 2015.
Murray Gold Quoted in the Toronto Star
April 14, 2014
Murray Gold was quoted in the Toronto Star on April 12, 2014 in regard to the retirement income crisis. The full story is available here: http://www.thestar.com/business/2014/04/11/a_pensioncrisis_primer.html.
Practice Area
Pension and Benefits
Murray Gold to Chair the Conference Board of Canada’s Pension Summit, 2014
April 10, 2014
Murray Gold to Chair the Conference Board of Canada’s Pension Summit, 2014. The Conference Board’s Pension Summit attracts a roster of leading pension experts and will canvass a range of current pension reform issues, including the prospects for a new province-wide pension arrangement in Ontario.
Practice Area
Pension and Benefits
Employee Constructively Dismissed By Being Forced To Take Disability Leave
April 9, 2014
In a recent decision of the Manitoba Court of Appeal, the Court found that an employer car dealership that forced an employee to take an indefinite leave of absence due to vision related symptoms of diabetes, had constructively dismissed him. The employee, a 19 year senior managerial employee, was diagnosed with diabetes in 2005 after
Expertise
Employment Law
The Claims Process for the Huronia, Rideau and Southwestern Regional Centres has Begun
April 4, 2014
The Claims process for these matters have begun and will continue until AUGUST 5, 2014. Former residents of the Huronia, Rideau, and Southwestern Regional Centres can now file claims seeking compensation from the settlement funds.
Practice Area
Class Actions
Susan Philpott and Murray Gold to Speak at the “Workplace Pensions: Next Generation or Final Frontier?” Conference
May 22, 2014 - May 22, 2014
Susan Philpott will co-chair and speak at the “Workplace Pensions: Next Generation or Final Frontier?” conference. Susan will speak on the panel discussion – ‘The New Pension Promise: Changing Ideas about Risk Distribution’. Murray Gold will be discussing ‘Reining in Pension Benefits in Canada in the Public and Private Sectors’. The conference will take place at
Craig Flood to Speak at the Current Issues in Workplace Safety and Insurance Law Program
May 27, 2014 - May 27, 2014
Craig Flood will be speaking at the Ontario Bar Association’s Professional Development program entitled “Current Issues in Workplace Safety and Insurance Law” on Wednesday May 28, 2014. Craig will be discussing “Effective Tools for Representing Parties at Hearings”.
Practice Area
Labour Law
Employee Terminated Due to Disability Compensated $20,000
March 31, 2014
The plaintiff (“employee”) worked as a Business Analyst, a middle management position with modest responsibility, at the defendant food services company (the “employer”). The employee was terminated without cause after only 16 months of employment, purportedly because a division of the employer’s business had been sold and which rendered the employee’s position redundant. In the
Expertise
Employment Law
Kirk Baert to speak at the Barreau du Québec’s National Symposium on Class Actions
March 25, 2015
Version française disponible ci-dessous. Kirk Baert will be speaking at the Barreau du Québec’s National Symposium on Class Actions on March 26, 2015. The Symposium will take place at the Montreal Convention Centre (room 511 A-D). He will be discussing “Recent Class Action Developments in the Common Law Provinces across Canada”. Kirk Baert au Colloque
Practice Area
Class Actions
Kirk Baert in The National Trial Lawyers – Top 100 Trial Lawyers
March 26, 2014
To view Kirk Baert’s profile from The National Trial Lawyers Top 100 Trial Lawyers please click here.
Jason Turnbull from CBC interviews Garth Myers Regarding Crown Ward Class Action
March 26, 2014
Jason Turnbull from CBC interviews Garth Myers Regarding Crown Ward Class Action. To listen to the interview please click on the following link: http://www.cbc.ca/pointsnorth/episodes/2014/03/24/proposed-class-action-lawsuit-looking-for-crown-wards/
Practice Area
Class Actions
Susan Philpott to Speak at The Osgoode Certificate in Pension Law Program
April 15, 2014 - April 15, 2014
Susan Philpott will be speaking at the The Osgoode Certificate in Pension Law Program on April 16th. The program will be held at Osgoode Professional Development’s Downtown Toronto Conference Centre. Susan will speak about “Pensions and the Employment Relationship”.
Susan Philpott, Simon Archer and Daniel Bertrand to teach one day Pension and Benefit Law Course on April 8, 2014 in Vancouver
March 20, 2014 - April 3, 2014
Koskie Glavin Gordon Partner Susan Philpott, and Associates Simon Archer and Daniel Bertrand, are teaching a one day course on April 8, 2014, with the Vancouver District Labour Council on pension and benefits law for union administrators, pension trustees, negotiators and others who bargain or oversee pensions and benefits.
Nancy Shapiro to Speak at the Joint UIA-AIJA Seminar
April 23, 2014 - April 25, 2014
Nancy Shapiro will be speaking at the Joint UIA-AIJA Seminar entitled “Business Travel and Short Term Mobility: International Legal Trends” on April 26, 2014 in Toronto. Nancy will discuss: Employment Relocation Considerations.
Kirk Baert Appointed as Advisory Board Member of the Access to Justice and Legal Aid Committee
March 17, 2014
Kirk Baert has been appointed as Advisory Board Member of the IBA’s Access to Justice and Legal Aid Committee. He will serve from 01 January 2014 to 31 December 2015.
Arleen Huggins to Speak at the Constitutional, Civil Liberties & Human Rights Labour & Employment Law Women Lawyers Forum
April 2, 2014 - April 2, 2014
Arleen Huggins will be speaking at the Civil Liberties & Human Rights Labour & Employment Law Women Lawyers Forum on April 3rd, 2014. The program will be held at Twenty Toronto Street Conference and Events. Arleen will speak about “How to Avoid Family Status Discrimination”
Murray Gold Appointed by the Government of Ontario to its Technical Advisory Group on Retirement Security
March 5, 2014
Murray Gold has been appointed to its Technical Advisory Group on Retirement Security. The Committee’s mandate is to advise the government on how to improve the retirement income system, including an Ontario-based alternative to a Canada Pension Plan (CPP) enhancement. The Committee was created by the Premier after the Government of Canada rejected a broad
Nancy Shapiro and Clio Godkewitsch to Speak at the OBA’s 12th Annual Current Issues in Employment Law Program
May 1, 2014 - May 1, 2014
Nancy Shapiro and Clio Godkewitsch will be speaking at the Ontario Bar Association’s 12th Annual Current Issues in Employment Law: Developments in Supreme Court of Canada Doctrines Program being held on May 2, 2014. The Program will take place at Twenty Toronto Street Conferences and Events (OBA Conference Centre). Nancy and Clio will discuss: The Scope and
Murray Gold to Speak at the Legal Update at SHARE’s 10th Annual BC Pension Forum
February 24, 2014
Murray Gold will provide the Legal Update at SHARE’s 10th Annual BC Pension Forum in Vancouver, British Columbia on February 28, 2014. The Conference will be held at the Empire Landmark Hotel. The Legal Update commences at 10:45 am.
Appeal Court: No Constructive Dismissal Based Solely On Employee’s Subjective View of Poisoned Work Environment
February 21, 2014
The Employee worked for the Employer as a production supervisor in the body shop of General Motor’s Oshawa plant for approximately eight years. The Employee, a black man, was scheduled to train another worker, but the trainee did not attend the training session. The Employee took the position, based on information he received from others
Expertise
Employment Law
Bill 146 – Protecting Workers and Increasing Fairness?
February 18, 2014
Just before the December holidays, the Minister of Labour tabled a bill for parliamentary debate entitled: “Strong Workplaces for a Stronger Economy Act”, which is described as “an act to protect the province’s most vulnerable workers and increase fairness for both employees and businesses.” A lofty goal to be sure. Bill 146 poses the following
Expertise
Employment Law
Mark Zigler and Barbara Walancik to Speak at the 12th Annual Review of Insolvency Law Conference
February 6, 2015
Mark Zigler and Barbara Walancik will be speaking at the 12th Annual Review of Insolvency Law Conference on February 6, 2014. The conference will take place at the Westin Harbour Castle Conference Centre in Toronto. Mark will participate in a panel discussion regarding “The Long-Arm of International Pension and Environmental Legislation”. Barbara will participate in
Andrew Hatnay to Speak at The Osgoode Certificate in Pension Law Program
March 30, 2014 - March 30, 2014
Andrew Hatnay will be speaking at the The Osgoode Certificate in Pension Law Program on March 31st. The program will be held at Osgoode Professional Development’s Downtown Toronto Conference Centre. Andrew will speak about “Pensions in Corporate Transactions and Restructuring”.
Mark Zigler to Speak at the Canadian Association of Insolvency and Restructuring Professionals 11th Annual Review of Insolvency Law Conference
February 21, 2014 - February 21, 2014
Mark Zigler will be speaking at the Canadian Association of Insolvency and Restructuring Professionals 11th Annual Review of Insolvency Law Conference on the aftermath of Indalex.
SCC Holds Pension Benefits Not Deductible from Wrongful Dismissal Damages
January 28, 2014
In Waterman v. IBM the Supreme Court of Canada considered the deductibility of monthly pension benefits from damages for wrongful dismissal. The Plaintiff employee worked for over 40 years for IBM when he was dismissed without cause in 2009 at the age of 65. During his employment he participated in IBM’s defined benefit pension plan,
Expertise
Employment Law
Murray Gold to Speak at the OBA’s Pension Law Program ‘The Increasing Importance of Pensions and Benefits, Key Strategies for Complex Problems, Understanding Pension Asset Transfers’
February 7, 2014 - February 7, 2014
Murray Gold is speaking at the Ontario Bar Association Institute Pension Law Program ‘The Increasing Importance of Pensions and Benefits, Key Strategies for Complex Problems, Understanding Pension Asset Transfers’ on February 7, 2014. For more information regarding the event, please click here.
Kirk Baert to Speak at the Federated Press’ Inaugural Class Action Program
March 25, 2014 - March 26, 2014
Kirk Baert will be speaking at the Federated Press’ Inaugural Class Action program being held on March 25th and March 26th in Toronto. For more information, please click here.
Nancy Shapiro to Speak at 360º of Inspiration’s “The Real Impact of Social Media on Business”
February 11, 2014 - February 11, 2014
Nancy Shapiro will be speaking at 360º of Inspiration’s “The Real Impact of Social Media on Business” on February 11, 2014. The event will take place at Haworth Showroom, 55 University Ave, Main Floor Toronto ON. For more information about the event, please click here.
Kirk Baert Named Member of the Law Commission of Ontario’s Class Action Advisory Group
January 14, 2014
Kirk has been named a member of the Law Commission of Ontario’s Class Action Advisory Group. The Advisory Group is made up of legal practitioners, a member of the judiciary, academics from law, representatives from professional organizations and government representatives. The role of the Advisory Group is to provide advice on the issues raised by
Practice Area
Class Actions
Duty to Mitigate Damages: Does that include returning to the employ of your prior employer?
January 9, 2014
When an employee is terminated from their employment, whether it be by constructive dismissal or otherwise, the employee has a duty to mitigate his/her damages by seeking alternative employment. However, does an employee have a duty to accept employment with the very same employer who terminated his/her employment in order to fulfill the duty to
Expertise
Employment Law
Jonathan Ptak at Koskie Minsky LLP is quoted in Law Times article regarding class action contingency fees
January 6, 2014
To view the article please click here.
Practice Area
Class Actions
Arleen Huggins to Speak at the OBA’s INSTITUTE 2014 Conference
February 5, 2014 - February 5, 2014
Arleen Huggins will be speaking at the Ontario Bar Association’s INSTITUTE 2014 Conference on February 6, 2014. The Conference will take place at the Westin Harbour Castle Conference Centre, 2 Harbour Square. Arleen will be participating in Part II of the program entitled “Effectively Navigating Injuries and Disabilities in the Workplace”. Her topic for discussion
Koskie Minsky LLP Sponsors the Black Law Students’ Association of Canada’s Diversity Moot
January 2, 2014
Koskie Minsky LLP congratulates the Black Law Student’s Association of Canada on its 23rd Annual National Conference and is pleased to once again be the Diversity Moot Sponsor. We look forward to working with BLSAC this year and in the future.
Kirk Baert Recommended as Litigation Star in the 3rd Edition of Benchmark Canada, the Guide to Canada’s Leading Litigation Firms and Attorneys
December 10, 2013
Kirk Baert has been recommended in the 3rd edition of Benchmark Canada, the Guide to Canada’s Leading Litigation Firms and Attorneys as a litigation star. He has been identified as one of the preeminent litigation practitioners in the province of Ontario.
Terminated 70 year old Machine Operator Awarded 22 months’ Notice on Summary Judgment
December 9, 2013
An employee brought a motion for summary judgment after being terminated without cause from his twenty year employment as a machine operator with an auto parts manufacturer. At the time of his termination, the employee was 70 years old and his employment was not governed by an employment contract. The employee’s evidence on the motion
Expertise
Employment Law
KM Participates in Movember
December 1, 2013
The Koskie Minsky team consisting of Craig Flood, Garth Myers, Joe Gemmell, Jordan Bodiguel and Michael Hancock (below) grew moustaches over the course of November in an effort to raise money and awareness for the Movember Charity. These programs, directed by the Movember Foundation, are focused on awareness and education, living with and beyond cancer,
Reinstatement After Eight Years? Ontario Human Rights Tribunal Says Yes.
November 27, 2013
In a recently released decision of the Ontario Human Rights Tribunal (“OHRT”) dated March 14, 2013, the employee Applicant was awarded reinstatement to her employment as Supervisor, Regulated Substances, Asbestos, with the Hamilton-Wentworth District School Board (the “Respondent School Board”) after being away from work since July 8, 2004. The Applicant had filed a Complaint
Expertise
Employment Law
The Employment Law Group at Koskie Minsky LLP Hosts Seminar on Employment Standards in Accessibility and Human Rights 2013: Your Obligations Demystified
October 4, 2013 - October 4, 2013
The Employment Law Group at Koskie Minsky LLP will be hosting a seminar entitled “Employment Standards in Accessibility and Human Rights 2013: Your Obligations Demystified” on October 4, 2013. The seminar will take place at 20 Toronto Street, 2nd Floor, Toronto Ontario and will address the following topics: the requirements of the Accessibility for Ontarians with
Koskie Minsky University Lecture in Labour Law, University of Western Ontario
November 25, 2013
The Koskie Minsky University Lecture in Labour Law was held at Western University, in London Ontario on Friday October 25, 2013. Our Lecturer was Mr. Justice Thomas Cromwell of the Supreme Court of Canada. This was the Eighth Koskie Minsky Lecture, with the Lecture Series starting in 2003. Mr. Justice Cromwell’s Lecture was delivered to
Practice Area
Labour Law
The Intersection of Disability and Wrongful Dismissal Claims:
November 15, 2013
Appeal Court Allows Wrongful Dismissal Claim to Proceed Mr. Spiers (the “Employee”) worked for Canon Canada Inc. (the “Employer”) for approximately 19 years. In May 2006, he stopped working due to illness and was approved to receive short-term disability benefits by the Employer. The disability payments were terminated after approximately seven and a half weeks.
Expertise
Employment Law
Christine Westlake to Speak at The Common Institute’s “Practice Management and the Female Lawyer” Seminar
February 25, 2014 - February 25, 2014
Christine Westlake will be speaking at the The Common Institute’s “Practice Management and the Female Lawyer” Seminar on February 25, 2014. Christine’s topic for discussion will be “Networking Strategies for Young Female Lawyers for Client Acquisition or Career Progression”.
Mark Zigler to Speak at the International Foundation of Employee Benefit Plans’ 46th Annual Canadian Employee Benefits Conference
November 23, 2013 - November 26, 2013
Mark Zigler will be speaking at the 46th Annual Canadian Employee Benefits Conference in San Francisco, California. Mark will be speaking on Legal/Legislative Developments Across Canada on November 26, 2013 at 9:15 a.m. as well as Legal/Legislative Update – Central Canada at 1:00 p.m.
Practice Area
Pension and Benefits
Can an Employer Lay-Off an Employee Without a Term in the Employment Contract to that Effect?
November 6, 2013
In the recent case of Sandra Trites v. Renin Corp, the Ontario Superior Court of Justice considered whether an employer could unilaterally impose a temporary lay-off upon an employee when there was no expressed or implied term to that effect in her employment contract. The Plaintiff Employee in this case had worked for the Defendant
Expertise
Employment Law
Murray Gold to Speak at the Manitoba Pension Forum
November 4, 2013 - November 4, 2013
Murray Gold will be speaking at the Manitoba Pension Forum, November 5, 2013 in Winnipeg, Manitoba on emerging case law and issues in pensions and benefits.
Practice Area
Pension and Benefits
Kirk Baert to Co-Chair the 5th Annual OBA Class Actions Colloquium
December 1, 2013 - December 1, 2013
Kirk Baert will co-chair the 5th Annual OBA Class Actions Colloquium on December 2, 2013. The Class Actions Colloquium will take place at the Twenty Toronto Street Conferences and Events Centre located at 200 – 20 Toronto Street, Toronto, ON. The Colloquium will provide latest updates on the following topics: Cross country check up: The 10
KM’s Articling Students in the Community
October 24, 2013
The articling students at Koskie Minsky LLP have teamed up with articling students at other law firms in Toronto and the Yonge Street Mission to collect warm clothing from members of the Toronto legal community for the benefit of those less fortunate. Anything from blankets and sleeping bags to gloves, hats, scarves, boots, coats, sweaters,
Reckless Pleadings and Excessive Damages Claims Can Be Costly
October 17, 2013
Following a two-day wrongful dismissal trial in Superior Court, an employee was awarded reasonable notice damages in the amount of three-months’ salary which worked out to approximately $15,000. The Plaintiff employee then sought a further award for costs while the Defendant employer sought an award of costs of its own having regard to the fact
Expertise
Employment Law
Koskie Minsky University Lecture in Labour Law, University of Western Ontario – SAVE THE DATE
October 17, 2013
On October 25th and 26th, 2013, the Faculty of Law at the University of Western Ontario, Koskie Minsky LLP and Heenan Blaikie LLP are co-hosting a Lecture and Conference on the theme of Rights at Work. All events will be held at the University of Western Ontario in London, Ontario. The 8th Koskie Minsky University
Practice Area
Labour Law
Koskie Minsky LLP to Host Continuing Professional Development Seminar on November 15, 2013
November 14, 2013 - November 14, 2013
Koskie Minsky LLP will host a Continuing Professional Development Seminar on November 15, 2013 at the Metropolitan Hotel, 108 Chestnut Street from 9:00 am. to 1:00 pm. The Program is designed to be of assistance to members of the profession who may be required to act on behalf of groups of individuals, whether in the
Dependent Contractor Entitled to Notice: Not an Employee But…
October 3, 2013
In a decision of a trial judge in Alberta, a dependent contractor was awarded notice even though she was found not to be an employee. The Plaintiff first started providing services in August 2004 as an assistant area manager to the Defendant corporation through another company which the Plaintiff owned 50% of for a period
Expertise
Employment Law
Waitress Discriminated Against Due to Pregnancy
October 2, 2013
Ashley McKenna was employed as a part-time waitress at a sports bar. In July 2011, she became pregnant; however, she continued to work her regular three to five shifts per week at the bar without issue. Then, in November 2011, new management took over the bar and shortly thereafter instituted a number of changes. One
Expertise
Employment Law
Mandatory Retirement – A Thing of the Past
October 1, 2013
81 YEARS OF AGE – BUT NO PRESUMPTION OF AN INTENTION TO RETIRE Mandatory retirement has gone the way of the Dodo. So what do you owe to employees when they are terminated at age 81? The answer: reasonable notice just like anyone else. The case before the Ontario Superior Court of Justice in Filiatrault
Expertise
Employment Law