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"Are Pension Benefits Deductible From Wrongful Dismissal Damages?"

Jurisdiction: - Ontario

John D. Campbell and Stephanie L. Turnham have written an article entitled "Are Pension Benefits Deductible From Wrongful Dismissal Damages?" (October 2010). They are lawyers at WeirFoulds LLP in Toronto. The article was published in Canadian Corporate Counsel magazine.

In the article, the authors state that:

In Ontario, and generally throughout the common law provinces of Canada, the current consensus is that pension benefits received during the notice period are not to be deducted from wrongful dismissal damages".

They go on to state, however:  read more »

"Background Check Program a Reasonable Exercise of Management Rights"

Jurisdiction: - Ontario

Hadiya Roderique, a lawyer at Fasken Martineau in Ontario, has written a bulletin entitled "Background Check Program a Reasonable Exercise of Management Rights" (August 4, 2010).

The bulletin provides a case summary of the decision of Arbitrator Watters in Re Diageo Canada Inc. and C.A.W.-Canada, Local 2098 (January 20 2010).

"Privacy In Practice: Top 10 Workplace Q&As"

Andrea York, a lawyer at Blakes, wrote a paper entitled, "Privacy In Practice: Top 10 Workplace Q&As" for the Six-Minute Employment Lawyer conference that was presented by The Law Society of Upper Canada in Toronto on June 15, 2010. 

The 10 questions she addresses are:  read more »

Employee-shareholder dismissed for cause awarded damages for improper invocation of Shareholders' Agreement

Jurisdiction: - Ontario

In Link v. Venture Steel Inc. and Ruben Rivas, 2010 ONCA 144 the Ontario Court of Appeal upheld a decision in which a former Vice-President of Sales was awarded more than $4 million in damages, most of which related to company shares the employer had improperly purchased, pursuant to a Shareholders' Agreement, at the time it dismissed the employee for just cause.

The case also addressed the issue of how non-competition and non-solicitation provisions in a Shareholders Agreement will impact on a court's analysis of whether an employee's mitigation efforts were reasonable.

Lawyers at Fasken Martineau has prepared a summary of the case ("Beware the Perils of Firing Employee-Shareholders", June 22, 2010) that can be found here

Mandatory reporting of child pornography in Canada

Jurisdiction: - Alberta - Manitoba - Nova Scotia - Ontario

In an April 2009 post, I reported on the pending legislation in Ontario - Bill 37 - which will amend the Child and Family Services Act (Ontario) and imposes a positive obligation on any person in Ontario, including employers and employees, to report child pornography.

An article in the May 3, 2010 edition of the Canadian HR Reporter - which recently landed on my desk - points out that Ontario is just one of four Canadian provinces to take action in this regard. To summarize from the article (and other sources):  read more »

"Moving Forward with Phase One of Ontario Pension Reform"

Topics: - Pensions
Jurisdiction: - Ontario

Blakes has published an article entitled "Moving Forward with Phase One of Ontario Pension Reform" that addresses Bill 236, the Pension Benefits Amendment Act, 2010.

The article states that, "There are plan amendments in a number of areas which are required or advisable as a result of Bill 236", which fall under the following headings:  read more »