Home Julius Melnitzer

Quebec court rules municipal sector pension law unconstitutional for retirees, justified for active members

The Quebec Court of Appeal has ruled the province’s Bill 15, which substantially modified municipal sector pension plans, is unconstitutional with respect to retirees but justified for active plan members. The legislation, which was passed in 2014, adopted a cost-sharing formula for plans and plan deficits, established a shared-cost stabilization fund and put an end […]

  • June 29, 2023 June 28, 2023
  • 09:00

Ontario court overturns $249K judgment against employer that denied worker LTD benefits

The Ontario Court of Appeal has overturned a $248,931 judgment against an employer that denied long-term disability benefits to an employee, citing the trial judge’s misinterpretation of eligibility requirements. “The employee’s position was that he was on temporary medical leave, but he had been working until the day he left and the medical evidence clearly […]

  • May 25, 2023 May 24, 2023
  • 09:00

How will crypto disclosure rules impact federally regulated pension plans?

In its 2023 budget, the federal government announced plans to require that federally regulated pension plan sponsors disclose their cryptocurrency asset exposure to the Office of the Superintendent of Financial Institutions. The government has yet to announce how the pension disclosure requirements will be implemented. “Just how these guidelines will affect standards of governance or regulatory […]

  • April 20, 2023 May 2, 2023
  • 09:00

Employers can’t rely on original termination clauses when employee responsibilities increase: court

The Ontario Court of Appeal has ruled that employers can’t rely on termination clauses when employees’ duties have escalated significantly after they signed their original employment contracts, including situations where the employee didn’t receive a promotion. In its ruling, the court relied on the changed substratum doctrine, which states termination clauses in a written employment […]

  • March 23, 2023 March 22, 2023
  • 09:00

Termination of LTD benefits for Air Canada workers eligible to receive unreduced pension benefits doesn’t amount to age discrimination: court

The Federal Court has ruled that the termination of long-term disability benefits for employees who become eligible to receive unreduced pension benefits doesn’t amount to age discrimination. The case arose from the terms of a collective bargaining agreement between Air Canada and the Air Canada Pilots Association. The agreement provided that pilots were eligible to […]

  • February 21, 2023 February 16, 2023
  • 09:00

Withdrawal of real return bonds could financially impact DB pension plans: CIA

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

Ontario tribunal determines employer entitled to $320K pension surplus

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

Employer’s prior conduct prohibits pension plan amendments, despite collective agreement terms: Ontario court

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 May 24, 2023
  • 09:00

SIGA liable for $1.2M in LTD benefits following termination without cause: Saskatchewan court

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

Court rules employers must include electronic tips under pensionable earnings

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