Fernandes v. Penncorp Life Insurance – long-term disability
In a recent decision, the Ontario Court of Appeal awarded a totally disabled man the sum of $236,773 in unpaid long-term disability benefits, $200,000 in punitive damages and $25,000 in damages for mental distress. This occurred when a disability insurance company refused to pay the man in the face of significant evidence of medical disability […]
How to Make Work a Return to Work from Medical Leave (and avoid human rights liability)
Once an employee on leave has signaled that a return to work is pending, it is important that an employer handle the return appropriately in order to comply with human rights legislation, which requires accommodation of disability to the point of undue hardship. While this is a well-founded obligation, putting it into practice is a […]
The $10,000 Wage Recovery Cap Has Been Lifted
One of the key changes brought about by The Stronger Workplaces for a Stronger Economy Act, 2014 comes into effect today. Specifically, if an employer does not pay their employee for their work, the Ontario Ministry of Labour can now award employees for the full amount of their unpaid wages. Previously the Ministry was limited […]
Family Protection Endorsement – OPCF-44R
An Ottawa court case decided in January that the Family Protection Endorsement (OPCF-44R) did apply to cover a young man (not named in the policy) who received serious injuries in an accident caused by an uninsured driver. Despite the fact the young man had a pattern of living at more than one location, the court found […]
Important Change to Motor Vehicle Accident Benefits
Effective December 2014 persons who are injured in motor vehicle accidents will have to pay out of their own pocket for approved medical treatment and then seek reimbursement for this expense from their insurer unless the medical services provider who provides the treatment is licensed with the Financial Services Commission of Ontario (“FSCO”). Only those […]
Employer criminally charged over workplace safety obligation
On January 13, 2014, the Ontario Ministry of Labour released a decision regarding a death due to workplace safety violations. After two directors of the company pleaded guilty to safety violations in the workplace, the Ministry sentenced them to jail and fined the company. This serves as a sobering reminder to employers that they need […]
Letters of Reference – Bad Idea?
Earlier this fall there was a program on the CBC’s “The Story From Here” which ran a segment about a woman named Jo who, during a job interview, learned that her former employer had refused to provide her with a reference. Her former employer had adopted a “no references policy”. Jo explained that she felt […]
Three New Job-Protected Leaves of Absence Take Effect October 29, 2014
Today, three new job protected leaves of absence come into effect under the Employment Standards Act: (1) Family Caregiver Leave, (2) Critically Ill Child Care Leave, and (3) Crime-Related Child Death and Disappearance Leave. We have been actively following the progress of Bill 21, the Employment Standards Amendment Act (Leaves to Help Families), 2013, since March 2013 when […]
“Waiving” Goodbye: Can an Employer Waive the Employee’s notice of Resignation without Paying Any Indemnity?
The Supreme Court of Canada is scheduled to hear the case of Asphaltes Desjardins c. Commission des norms du travail, 2013 QCCA 484 today, March 28, 2014. This case could represent significant change for employers in terms of employee resignations and notice period payments. THE FACTS This Quebec matter involved a gentleman by the name […]