The British Columbia Court of Appeal has dismissed injured veterans’ pension claims against the federal government because they had “no chance of success.” “It’s difficult to understand the claim at all, at least not without completely reimagining our constitutional framework,” says David Rankin, an associate in Osler Hoskin & Harcourt LLP’s Toronto office. “The decision […]
Dentons Canada LLP has appointed Meaghen Russell as a partner in its employment, labour and pensions group. Based in the firm’s Toronto office, Russell will be advising and representing employers on a wide range of employment and labour matters, including workplace accommodation, wrongful dismissal litigation and employment contracts and policies. Prior to the role, Russell was a […]
The Ontario Teachers’ Pension Plan has made a number of promotions on its legal teams. Both In Ha Jang and Tara Rosenblatt are now managing directors and associate general counsel of investments. They will be responsible for managing the pension fund’s legal team in Toronto, providing legal advice and representation on all investment-related matters, including investment and management […]
A recent arbitration decision underlines the pivotal role that collective bargaining agreement language plays in the extent to which employers and their insurers can make unilateral changes to benefits plans. “From the employer’s perspective, the less said about the benefits plan, the better,” said Brian Smeenk, a labour law expert at Fasken Martineau DuMoulin LLP’s […]
Does disability interfere with an organization’s right to terminate employment and employer-provided benefits? It’s a question that commonly arises when it comes to employees who have been away from work and in receipt of long-term disability benefits for extended periods of time. Generally, and subject to applicable statutory entitlements respecting termination pay and severance, it […]
Ontario has published new proposed rules around marijuana use that includes a workplace ban on smoking both the medical and recreational varieties. In response to the federal government’s plan to legalize marijuana in July 2018, Ontario’s proposal is informed by its experience in managing tobacco and alcohol, as well as lessons from other jurisdictions that have […]
Representative counsel for Sears Canada Inc.’s retirees has sent a letter to the monitor, FTI Consulting Inc., and all parties involved in the Companies’ Creditors Arrangement Act proceedings asserting their first priority claim against the company’s estate on behalf of pension members. In the letter sent recently, Andrew Hatnay, a partner at Koskie Minsky LLP, wrote that […]
A recent Court of Appeal of Alberta dismissal of a case relating to age discrimination and the eligibility of receiving long-term disability benefits provides some clarity to future legal interpretation of similar employer-sponsored plans. In International Brotherhood of Electrical Workers, Local 1007 v. Epcor Utilities Inc., the union’s appeal related to whether a long-term disability […]
The coming into force of an administrative monetary penalty regime under Ontario’s Pension Benefits Act on Jan. 1, 2018, will change the risk profile for plan sponsors and administrators, necessitating a review of governance and compliance policies. Current enforcement tools, primarily compliance orders and fines of up to $100,000 for a first offence and $200,000 […]
Sears Canada Inc.’s announcement on Tuesday that it will seek a liquidation order from the Ontario Superior Court of Justice appears to vindicate the earlier decision of the company’s employees and retirees to seek a windup of the company’s defined benefit pension plan at the earliest opportunity. “While you might not want to seek a […]