Ontario arbitrator confirms validity of LTD exception to mandatory retirement rule
By Julius Melnitzer | September 24.2025 An Ontario arbitrator has confirmed the validity of the long-term disability exception to the mandatory retirement rule. When Ontario eliminated mandatory retirement in 2006, the legislation provided an exception for insured employment benefit plans to maintain a cutoff based on age. “This was intended to avoid destabilizing existing insurance plans […]
BARE BONES BRIEFS: Smaller firms’ hourly rates outstripping Big Law | 87% settlement rate for mediations | Trump punishes immigration lawyers | Pension risk transfers down 60% | Rule of Law pledges growing slowly
HOURLY RATES NEAR RECORD RISE A Thomson Reuters study reveals that lawyers’ hourly rates in the US have soared by 7.4% in the last year. What’s surprising is that the growth for the profession as a whole considerably outstrips the 5.0-5.5% rise at top-100 US firms. While the number for the firms outside the top-100 […]
Ontario court rules employer’s return-to-workplace request amounts to constructive dismissal
By: Julius Melnitzer | March 24, 2025 Ontario’s small claims court has ruled that recalling an employee from a remote working arrangement to in-person work can amount to a constructive dismissal giving rise to liability for damages. The employee in question, Lesley Byrd, had worked for Welcome Home Children’s Residence Inc. in Ottawa since 2018, but […]
What Newfoundland and Labrador-based employers need to know about changes to employee leave legislation
By: Julius Melnitzer | February 6, 2025 While Newfoundland and Labrador employees who take three or more consecutive days of sick leave are no longer required to provide their employer with a doctor’s note, it doesn’t mean employers can’t demand evidence of illness or injury, says Tim Young, a St. John’s-based partner at Curtis Dawe Lawyers. […]
Lawsuit alleges feds prevented part-time RCMP officers from buying back into pension plan
By Julius Melnitzer | January 8, 2025 The National Police Federation, which represents 20,000 Royal Canadian Mounted Police officers, has launched a class action claiming the federal government has wrongfully prevented part-time officers from buying back into their pension plan. In a press release, Brian Sauvé, president and chief executive officer at the NPF, said virtually […]
How mergers and acquisitions impact executive compensation
By Julius Melnitzer | December 19, 2024 Mergers and acquisitions can give rise to many legal and financial complexities related to executive compensation. “The key thing from acquirers’ point of view is to understand what their objectives are with respect to executive compensation,” says Elizabeth Boyd, a pensions, benefits and executive compensation partner at Blake, […]
What Should Employers Know About Quebec’s Pension Laws?
By Jenna Shelby | November 24, 2024 When expanding or acquiring businesses in Quebec, understanding the province’s unique pension laws is crucial. The rules that govern retirement savings here are among the most progressive in Canada, making it essential for businesses to ensure they’re in full compliance while also tapping into the advantages these frameworks […]
Quebec class action raising questions over DB pension liability following plan sponsor reorganization
By: Julius Melnitzer | October 8, 2024 A recent Quebec Superior Court decision has unleashed uncertainty over the liabilities of companies and their directors when a pension deficit appears in the context of a reorganization. The court authorized a group of defined benefit pension plan members to proceed with a $65 million class action against companies […]
What should employers know about Quebec’s pension legislation?
By Julius Melnitzer | August 3, 2024 Businesses that are planning to establish themselves in Quebec by way of expansion or acquisition should be aware of some unique aspects of the province’s pension and benefits laws. Employers are required to make a voluntary retirement savings plan available to their employees. In addition, provincial legislation prohibits […]
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 […]