The Ontario Court of Appeal has ruled that a strict examination of the language of an incentive plan is the key to determining whether a terminated employee is entitled to damages for a lost opportunity to earn incentive plan compensation during the reasonable notice period. “If there’s something in the language that clearly entitles the […]
An Alberta court has ruled that employees receiving disability payments during the reasonable notice period can’t “double-dip” by receiving payments for lost wages. “The decision affirms the principle that employees are entitled only to what they would have received had they been working during the notice period,” says Sheena Owens, an employment lawyer at Stikeman […]
The Ontario Divisional Court has confirmed that an employer’s duty to accommodate ends when an employee’s disability becomes permanent and thereby frustrates the contract of employment. “The decision in Katz v. Clarke is a breath of fresh air for employers because it reaffirms that employees seeking accommodation can’t merely inform their employers of their desire to […]
The complexities of income tax at retirement can come as a shock to pensioners, but most plan sponsors are providing limited assistance in helping their retiring employees deal with these issues. “In our experience, much of the communication and education provided by employers/sponsors or their plan record keeper focuses on basic retirement and investment knowledge, […]
A Nova Scotia arbitrator has ruled that sex addiction isn’t a disability that employers must accommodate, especially where the condition doesn’t affect the employee’s ability to perform their duties. The arbitrator, Augustus Richardson, also expressed doubt that a condition called “sex addiction” existed, noting it wasn’t generally recognized by an accredited professional body such as the American […]
Canadian pension funds are welcoming proposed regulations from the U.S. Department of the Treasury that clarify the sweeping exemption from U.S. tax on real estate available to qualified foreign pension funds. “The previous regulatory framework reduced our demand for real estate in the U.S. and, as importantly, increased the cost and complexity of our structuring,” says […]
The federal government has released draft legislative proposals to implement changes to the employee stock option tax regime announced in its 2019 budget. As promised in the budget, the proposals will impose an annual cap of $200,000 on employee stock options eligible for the stock option deduction under the Income Tax Act. They also confirm that […]
The Federal Court of Appeal has ruled that an airport parking pass provided to a flight attendant by a commercial airline is an employee benefit for the purposes of income because he received “economic value” from the pass despite the fact that the employer provided it to improve its employees’ reliability and flexibility. “The established […]
A recent RBC Insurance Services Inc. study found 45 percent of employees on disability claimed their workplaces pressured them to go back earlier than they felt they were able to do so. This is a significant increase from the 33 per cent of respondents who said the same in the previous year’s survey. Indeed, there’s a […]
Plan administrators are welcoming the increased clarity accompanying the amendment of Ontario’s Pension Benefits Act to allow for the electronic designation of beneficiaries and the re-issue of the Canadian Association of Pension Supervisory Authorities’ guideline No. 2, which establishes best practices for electronic communications in the pension industry. “Clarity on the ability to designate beneficiaries electronically […]