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With coronavirus vaccines rolling out across Canada, employers must consider the privacy and human rights implications of requiring vaccinations for their teams, says Shaun Parker, an associate with the law firm Osler, Hoskin & Harcourt. “In a mandatory-vaccination program, if an employee will suffer adverse effects due to a protected ground, the employer may have […]

New federal employment equity, safety legislation taking effect

A series of legislative changes to Canada’s labour code aiming to make workplaces healthier, safer and fairer took effect as of Jan. 1, 2021. The changes include new pay transparency regulations for federally regulated, private sector employers with 100 or more employees. According to a press release, the move makes Canada the first country to […]

  • By: Staff
  • January 5, 2021 April 14, 2021
  • 09:00
Federal court decertifies veterans’ class action for delay on pension benefits

The Federal Court of Appeal has decertified a $100-million class action brought by former members of the Canadian Armed Forces reserves whose retirement benefits were delayed. The court ruled that the original order failed to identify the “common issues” that are required for certification. As well, the court concluded that the representative plaintiff, Douglas Jost, […]

RESTing the case on climate change

A lawsuit settlement on the other side of the world is reverberating around the globe as it increases the environmental, social and governance standards for a US$41 billion pension fund and potentially encourages similar legal action elsewhere. The lawsuit, filed against the Australian Retail Employees Superannuation Trust, known as REST, by one of its members, […]

Federal government publishes employment equity regulations

The federal government is introducing new pay transparency regulations for federally regulated, private sector employers with 100 or more employees. The legislative amendment to the Equity Act, which will take effect on Jan. 1, 2021, aims to help address equality and inclusion issues in the workplace. With the move, Canada will be the first country to make wage […]

  • By: Staff
  • November 27, 2020 November 27, 2020
  • 15:15
Head to head: Should employers be responsible for personal protective equipment?

While occupational health and safety legislation is clear, the definition of PPE has evolved since the onset of the coronavirus pandemic. Mark Hancock, National president of the Canadian Union of Public Employees The coronavirus pandemic has made the acronym PPE — or personal protective equipment — a house-hold buzzword. At the onset of the pandemic, shortages […]

Supreme Court decision aggravates termination clause problems for employers

A recent decision from the Supreme Court of Canada suggests the test for employers seeking to limit recovery for unlawful termination damages related to long-term incentive plans may be insurmountable in practice. The mid-October ruling concluded that David Matthews was entitled to a payout under his incentive plan when the company was sold 13 months […]

Stikeman Elliott appoints Mark Firman to tax, pensions and benefits groups

Stikeman Elliott LLP is appointing Mark Firman as counsel in its tax and pensions and benefits groups in Montreal. In his career, Firman has advised on all aspects of pension and executive compensation law, including pension fund investments, plan governance and administration issues, stock option and other equity-based incentive plans and corporate governance relating to […]

  • By: Staff
  • October 28, 2020 January 19, 2021
  • 15:00

Last week’s Supreme Court of Canada ruling that the Royal Canadian Mounted Police pension plan discriminated against job-sharing women should be a wake-up call to pension administrators that changes in plan design to accommodate equality rights are long overdue. “The negative pension consequences of job-sharing perpetuate a long-standing source of disadvantage to women: gender biases […]

How are insurers using block-level contract amendments to control drug costs?

An upcoming Sun Life Canada drug plan change that will be implemented outside of plan sponsors’ renewal periods is calling attention to the practice of block-level contract amendments. Sun Life is set to implement the first phase of its reference drug program on Oct. 1, which the insurer says will help plan sponsors with drug plan sustainability by creating categories […]