Ontario court rules employer not obligated to preserve past service benefits
By: Julius Melnitzer | July 16, 2024 Ontario’s Small Claims Court has ruled that an employer’s letter, which described the benefits coverage that would exist following a divestment as ‘comparable’ to prior levels of coverage, didn’t create a contractual obligation to preserve past service benefits. “The decision makes a clear distinction between an informational announcement or […]
More work to be done on feds’ plan to encourage domestic pension investments: lawyers
By: Julius Melnitzer | May 23, 2024 The federal government’s promise to encourage Canadian institutional investors to invest more domestically is taking shape with two key initiatives found in the 2024 budget. The first involves the creation of a working group led by Stephen Poloz, former Governor of the Bank of Canada, to explore domestic opportunities for […]
Saskatchewan arbitrator sides with Canadian Blood Services in pension contributions case
By: Julius Melnitzer | May 16, 2024 A Saskatchewan arbitrator has ruled that Canadian Blood Services doesn’t owe an employee eight years of retroactive pension contributions because it took the proper steps to fix its failure to provide her with enrolment forms within the appropriate time limits. “The decision recognizes that mistakes happen in administering pension […]
Ontario court sides with IBM in pension benefits rectification case
By: Julius Melnitzer | April 25, 2024 An Ontario Superior Court ruling that allowed IBM Canada Ltd. to retrospectively rectify drafting errors that created unintended additional pension benefits for employees on disability leave augurs well for plan sponsors seeking similar relief going forward. “The case clarifies that there is a specific test for rectification of pension […]
Court of Appeal upholds $1.5 million punitive damages award in LTD claims case
By: Julius Melnitzer | February 3, 2024 The Ontario Court of Appeal’s affirmation of a $1.5 million punitive damages award — reportedly the largest of its kind in a Canadian long-term disability case — may signal greater exposure for employers and insurers that fail in their duty to treat such claims in good faith. “The court had no […]
Canadian jurisdictions enacting pay transparency legislation, but more work to be done
By Julius Melnitzer | November 23, 2023 Pay transparency legislation is quickly gathering steam in Canada as provincial governments take steps towards shrinking the gender wage gap. Prince Edward Island was first to the post with pay transparency provisions in June 2022. While Newfoundland and Labrador’s Pay Equity and Transparency Act received royal assent in November […]
BARE BONES BRIEFS: LSO alleges misconduct against “most positively reviewed” lawyer | Judge cites lawyers’ conduct in concluding international arbitration susceptible to fraud | Associates seek to refuse work for ethical reasons | $817 million settlement in veterans’ disability class action | Litigation funder’s losses up fivefold
By Julius Melnitzer | November 20, 2023 LSO alleges misconduct against high-profile employment lawyer Lior Samfiru, the Toronto-based national co-managing partner of employment law boutique Samfiru Tumarkin LLP, a firm that claims to be the “most positively reviewed employment law firm in Canada”, is facing professional misconduct allegations stemming from litigation that he threatened or […]
Nova Scotia Labour Board orders St. Mary’s University to resume pension contributions for plan members on LTD leave
By: Julius Melnitzer | September 21. 2023 The Nova Scotia Labour Board has ordered St. Mary’s University to resume making pension contributions for employees on long-term disability leave, reasoning that the pension committee had no authority to make changes to contribution levels mandated by the plan. “The board found that amendments to the pension plan proposed […]
Newfoundland and Labrador arbitrator rules pension grievance can proceed despite late filing, citing “culture of acquiescence”
By: Julius Melnitzer | September 8, 2023 An arbitrator has ruled that a pension grievance filed seven years beyond a collective agreement’s time limit could proceed because of the employer’s “culture of acquiescence” regarding enforcement of the limit. “The message to employers is that if they get in the habit of letting time limits slide, their […]
How recent Canada Labour Code updates are impacting federally regulated employers
By Julius Melnitzer | August 29, 2003 There have been several changes to the Canada Labour Code in recent months. Here’s an overview of what’s happened and what’s on the horizon for employers under federal labour jurisdiction. New employer obligations As of July 9, 2023, federally regulated employers must reimburse employees for reasonable work-related expenses. […]