Articles

Arbitrator rules hospital must compensate pensioner rehired part time for benefits

An arbitrator has ruled that part-time employees who have returned to work after retiring and are receiving pension benefits from the Healthcare of Ontario Pension Plan aren’t “members” of the plan for the purpose of calculating their benefit entitlements if they choose not to re-enrol in the HOOPP on resuming service. The upshot of arbitrator […]

Learning from the US & Vice Versa

Jeffrey Leon, a partner at Bennett Jones LLP in Toronto, has just completed a one-year term as only the second Canadian president of the American College of Trial Lawyers (ACTL). His tenure saw him travel some 250,000 kilometres to visit 45 states and nine provinces, affording him a unique insight into the mindset and practices […]

Federal court certifies veterans’ class action for delay on pension benefits

The Federal Court has certified a $100 million class action brought by former members of the Canadian Armed Forces reserves who alleged that the government illegally delayed their retirement benefits. “There were 1,300 complaints to the CAF ombudsman between 2006 and 2017,” says Adam Tanel, an associate at Koskie Minsky LLP and co-counsel for the class. The […]

Trans Mountain’s biggest obstacle looks set to drag the long-running pipeline saga well into 2022

Construction may have resumed and Trudeau has promised to see TMX through, but it’s the legal delays that look set to hold everything back With the Federal Court of Appeal set to hold its second hearing on approval of the Trans Mountain Pipeline in December, it may seem that the end is near for the […]

Decision on Constructive Dismissal a Game Breaker

The Workplace Safety and Insurance Appeals Tribunal’s recent decision in Hospitality Fallsview Holdings Inc. v. Morningstar 2019 ONWSIAT 2324, may signal a new jurisdictional regime around claims of wrongful dismissal premised on workplace harassment causing chronic mental stress. “The ruling precludes civil actions based on chronic mental stress due to harassment in the workplace on the basis […]

Why B.C.’s Indigenous rights bill is ‘impractically broad’ and inconsistent with Canadian law

The main issue with Bill 41 appears to be whether the legislation gives First Nations a veto on resource projects British Columbia’s Bill 41, aimed at implementing the Universal Declaration on the Rights of Indigenous Peoples (UNDRIP) into provincial legislation is — depending on one’s perspective — either a forward-looking framework that will provide much-needed […]

Alberta Pension Services Corp. ordered to pay retiree $267K for misrepresentation of benefits

The Alberta Court of Appeal has upheld a $267,017 award to a pensioner for negligent misrepresentation after the Alberta Pensions Services Corp. provided mistaken estimates of the pensioner’s retirement benefits. But the lawyer for Dr. William Calder and his wife says the ruling, which also validated a change in the ASPC’s interpretation of the governing […]

Case a Reminder Law Firms Must Have Comprehensive Conflict Systems

A Federal Court judge, citing Lawson Lundell LLP’s failure to take adequate or timely measures to prevent information confidential to a dispute from being shared internally in the face of a conflict of interest, has disqualified the firm from acting on judicial review applications against the party to whom the information belonged. The twist in […]

What pension legislation is expected in 2020?

Pension plan stakeholders will see a continued evolution of both short- and long-term reform, with some significant developments expected in 2020. “Hopefully, Ontario will finalize the rules for its target benefit regime — perhaps we’ll see the introduction of single employer target-benefit rules — and there should be some action on variable benefits because the […]

Alberta bill to boost Indigenous access to investment capital

Bill 14, the Alberta Indigenous Opportunities Corporation Act, represents the first attempt in Canada to set up a permanent structure that will facilitate investment and access to capital by Indigenous groups in natural resource projects and related infrastructure. “The approach isn’t an entirely new one, but what makes it unique is that it moves beyond ad […]

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