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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 […]

Nortel Pensioners lose $200M refund battle with Ontario’s PBGF

Ontario’s pension benefits guarantee fund has successfully reclaimed some $200 million from monies allocated to pensioners in Nortel Networks Corp. bankruptcy proceedings. The silver lining for pensioners is that the decision by the Financial Services Tribunal finally puts an end to the uncertainty they’ve experienced since their benefits were cut off in 2010. “It would have […]

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