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The Canadian Institute of Actuaries is urging the federal government to reconsider its cessation of real return bond issuances, citing the potential financial impacts to defined benefit pension plans. “We request not only that the decision to cease issuing real return bonds be reconsidered, but also that the annual issuance of real return bonds be […]

  • January 19, 2023 January 18, 2023
  • 09:00

The Financial Services Tribunal of Ontario has awarded an employer with a $320,000 pension surplus, despite the plan’s trust agreements’ silence as to surplus entitlement. “The requirements for an employer to receive 100 per cent of surplus are strict, but the tribunal took a practical [approach] as opposed to a narrow interpretive approach to the […]

  • December 22, 2022 December 21, 2022
  • 09:00

A recent Ontario Divisional Court ruling serves as a caution that employers’ prior conduct may prohibit them from amending pension plans even when the collective agreement clearly allows them to do so. “The takeaway from the decision is that employers’ discretion to amend plans will always be subject to labour law principles in cases that […]

  • November 23, 2022 November 22, 2022
  • 09:00

The Saskatchewan Court of King’s Bench has held the Saskatchewan Indian Gaming Authority liable for more than $1.2 million in long-term disability benefits owed to a former employee whose benefits were cut off when he was fired and became permanently disabled during the notice period. “This case illustrates the massive risk that an employer takes […]

  • October 19, 2022 October 17, 2022
  • 09:00

The Federal Court of Appeal has ruled that a Halifax restaurant must include a portion of the electronic gratuities intended for wait staff as “pensionable salary and wages” when calculating its liabilities under the Canada Pension Plan. This was despite the fact the restaurant had no obligation to include gratuities paid in cash directly to […]

  • September 14, 2022 September 13, 2022
  • 09:00

An Alberta court has ruled that a Calgary grocery store worker placed on indefinite unpaid leave — for failure to comply with a mandatory mask policy — has resigned as opposed to being constructively dismissed and isn’t entitled to reasonable notice or compensation in lieu thereof. “This decision may signal that adjudicators will have little […]

  • August 16, 2022 August 15, 2022
  • 09:00

An arbitrator has ruled Public Health Sudbury violated the Ontario Human Rights Code prohibition against discrimination on the basis of creed when it terminated a nurse who refused a coronavirus vaccination because it was against her religious beliefs. “The decision is significant because the arbitrator, Robert Herman, is well-respected and his reasoning will draw the […]

  • July 27, 2022 July 26, 2022
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A recent Ontario Court of Appeal decision raises the bar for employers seeking to withhold minimum entitlements under the Employment Standards Act from employees dismissed for cause. The case arose when TK Elevator terminated Mark Render — a manager with more than 30 years’ service — for cause in 2014 after he briefly placed his […]

  • May 18, 2022 May 17, 2022
  • 09:00

Last week’s federal budget proposed more borrowing flexibility for registered defined benefit plans. The proposal would replace the historical 90-day term limit on short-term borrowing with restrictions based on plan assets: additional borrowed money can’t exceed the lesser of 20 per cent of the plan’s assets and the amount by which 125 per cent of […]

  • April 14, 2022 April 14, 2022
  • 09:01

As arbitral decisions relating to the reasonableness of mandatory coronavirus vaccination policies emerge, employers have clearly gained the upper hand. “The overall box score shows that, for the most part, arbitrators have upheld mandatory vaccination policies as reasonable,” says George Vassos, a labour and employment partner at Littler Mendelson. “In the most recent case, involving […]

  • April 12, 2022 April 12, 2022
  • 09:00