While Canadian privacy laws allow employers to track employees in a remote or hybrid working arrangement, this surveillance must be related to their job. “Employers have a proper and reasonable right to supervise their employees and ensure they’re doing their jobs and doing them safely,” says David Young, principal at David Young Law. “The flip […]
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 involved in a 2011 reorganization. The […]
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 ‘orphan’ or ‘grandfathering’ clauses that distinguish pension […]
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 other general information that is not […]
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 Canadian institutional investors in various […]
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 plans and that administrators can take […]
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 plans and other unilateral instruments, which […]
Ford of Canada’s recent transfer of $923 million in pension liabilities to Desjardins Group, RBC Insurance and Sun Life Assurance Co. of Canada augurs well for what has been a rapidly expanding group annuity buyout and buy-in market. “As of 2013, the group annuity market amounted to about $1 billion annually,” says Charbel Assal, senior […]
The Canada Revenue Agency’s guidance for determining a full-time remote worker’s province of employment for payroll deduction purposes, which came into force on Jan. 1, could prove burdensome to employers. “While the intention is to create certainty, whether it will do so remains to be seen,” says Sarah Mills, an employment lawyer at Blaney McMurtry […]
The Ontario Court of Appeal’s affirmation of a $1.5 million punitive damages award — reportedly the largest award 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 problem with the […]