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. […]
How U.S. compensation clawback legislation could impact Canadian employers
By Julius Melnitzer | July 20, 2023 New U.S. Securities and Exchange Commission listing requirements that impact compensation clawbacks could create conflicts with domestic employment laws for Canadian companies listed on U.S. stock exchanges. The rules are expected to take effect on Oct. 2, 2023, with compliance mandated by Dec. 1, 2023. They require all […]
Quebec court rules municipal sector pension law unconstitutional for retirees, justified for active members
By Julius Melnitzer | July 1, 2023 The Quebec Court of Appeal has ruled the province’s Bill 15, which substantially modified municipal sector pension plans, is unconstitutional with respect to retirees but justified for active plan members. The legislation, which was passed in 2014, adopted a cost-sharing formula for plans and plan deficits, established a shared-cost stabilization […]
Ontario court overturns $249K judgment against employer that denied worker LTD benefits
By Julius Melnitzer | May 31, 2023 The Ontario Court of Appeal has overturned a $248,931 judgment against an employer that denied long-term disability benefits to an employee, citing the trial judge’s misinterpretation of eligibility requirements. “The employee’s position was that he was on temporary medical leave, but he had been working until the day […]
How will crypto disclosure rules impact federally regulated pension plans?
By: Julius Melnitzer | April 25, 2023 In its 2023 budget, the federal government announced plans to require that federally regulated pension plan sponsors disclose their cryptocurrency asset exposure. To that end, the Office of the Superintendent of Financial Institutions will be consulting with impacted organizations on the content of the forthcoming guidelines. “Just how these guidelines […]
The case for employee ownership trusts
By Julius Melnitzer | March 29, 2023 Tuesday’s federal budget finally provided Canadian businesses with the promise of a vehicle — the employee ownership trust (EOT) — that incentivizes business owners to sell their businesses to their employees. The budget contemplates that rules governing the EOTs will come into effect on January 1, 2024. “EOTs […]
Termination of LTD benefits for Air Canada workers eligible to receive unreduced pension benefits doesn’t amount to age discrimination: court
By Julius Melnitzer | March 6, 2023 The Federal Court has ruled that the termination of long-term disability benefits for employees who become eligible to receive unreduced pension benefits doesn’t amount to age discrimination. The case arose from the terms of a collective bargaining agreement between Air Canada and the Air Canada Pilots Association. The […]