The Ontario Court of Appeal has ordered a full trial for an employee who sued for $300,000 in long-term disability benefits despite signing a document that released such claims. The decision in Swampillai v. Royal & Sun Alliance Insurance Co. of Canada reverses a lower court decision that summarily found the release to be “unconscionable.” […]
A recent decision from the Ontario Court of Appeal could significantly change the landscape for employers and pensioners involved in bankruptcy proceedings that engage pension plan deficits. The decision, Guarantee Company of North America v. Royal Bank of Canada, released in January, is a construction lien case that makes no mention of pensions. But the […]
The Ontario government is proposing a rollback of OHIP+, which would restrict the free prescription drug coverage program to dependants under age 25 who aren’t covered by private plans. The previous Liberal government implemented the program in January 2018 with an estimated cost of $465 million annually. It covered all OHIP-insured dependants under age 25 […]
Saskatchewan will soon be the latest jurisdiction to adopt an enhanced priority for deemed trusts created by its pension benefits legislation. The Pension Benefits Act establishes a deemed trust for amounts contributed by both employers and employees. Bill 151, which amends the province’s Personal Property Security Act, will create a super-priority for these trusts when […]
When considering the legal cases attracting the most attention from the pension and benefits industry in 2018, the Ontario Human Rights Tribunal’s decision in Talos v. Grand Erie District School Board was one of the most talked about of the year. “This case is important because plan administrators who previously relied on the Employment Standards Act […]
The Federal Court of Appeal is upholding a ruling denying female Royal Canadian Mounted Police employees the opportunity to buy back into their pension plan after they moved to part-time roles to raise their families. The case arose when three former RCMP officers opted to job share and work reduced hours to spend more time with their […]
Although it’s somewhat late in the making, Alberta’s new pension legislation proposing a joint governance structure for three of the province’s largest pension plans appears to have kept up with the times. “The legislation is a made-in-Alberta plan that takes into account that almost 25 years have passed since we first saw this type of […]
Whether considering age eligibility or policy wording, recent rulings for employees in a pair of Ontario cases are reminders to employers to review their long-term disability offerings. When I’m 65 Ontario employers may no longer have the option to reduce or eliminate health and life insurance benefits for employees aged 65 or older, following the […]
A decision from the Ontario Superior Court of Justice suggests that even broadly worded releases won’t cover subsequent lawsuits against employers for “improper conduct” such as intimidation and sexual harassment. “The decision is problematic because finality is everything when it comes to settlements,” says Arthur Zelikman, a labour and employment lawyer at Zelikman Law Professional […]
British Columbia’s Court of Appeal has upheld an award of five months’ notice for an employee with only 12 months of service who was terminated without cause. “The case is an important reminder to employers that notice obligations on termination can be significant even for short-term employees,” says David McInnes, an employment and labour lawyer […]