Share on LinkedInShare on LinkedIn

ARTICLE · 27 DECEMBER 2018

Pensions And Benefits Part 2: Key Case-Law Developments In Canada

Miller Thomson
Miller Thomson
Contributor

Miller Thomson

Miller Thomson LLP ("Miller Thomson") is a national business law firm with approximately 500...

View firm profile
Explore more from Miller Thomson

As discussed at our last A.M. Pension Webinar on December 11, 2018, there have been a number of significant legislative and case-law developments in the area of pensions and benefits law in 2018.

CanadaEmployment and HR
Miller Thomson LLP
Miller Thomson LLP
Author LinkedIn connections

As discussed at our last A.M. Pension Webinar on December 11, 2018, there have been a number of significant legislative and case-law developments in the area of pensions and benefits law in 2018. In Part I of a two-part blog post, we discussed some of the key legislative developments in Ontario and the federal jurisdiction. In this post, we highlight some of the key case-law developments in Canada.

Challenges under the Charter of Rights and Freedoms

Lubianesky v. Gazdag (Alberta)

In Lubianesky v. Gazdag, Ms. Lubianesky sought a declaration that the provisions in Alberta's Employment Pension Plans Act ("EPPA") that allowed only married spouses, not common-law spouses, to agree to divide benefits on relationship breakdown violated the equality provisions of the Canadian Charter of Rights and Freedoms ("Charter") on the grounds of marital status.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Tariffs, Terminations And EI: Implications Of Canada’s New Support Package For Employers

Canada's federal government has announced a $3.5 billion rapid response support package in anticipation of retaliatory tariffs against the United States, introducing new temporary employment insurance measures and workforce retention programs. The package extends EI benefits, waives waiting periods, and creates funding opportunities for employers to retain and retrain workers rather than implement large-scale layoffs.
CanadaEmployment and HR
Siskinds LLP
Siskinds LLP
Article

Silva v. Royal Bank Of Canada: A Cautionary Tale About Terminating For Cause

A financial planner's wrongful dismissal case against RBC resulted in over $2.5 million in damages after the bank filed an inaccurate termination notice that destroyed her career prospects. The Ontario Superior Court found the bank's conduct vindictive and its allegations of cause unproven, raising critical questions about employer obligations when reporting terminations in the investment industry.
CanadaEmployment and HR
Affleck Greene McMurtry LLP
Affleck Greene McMurtry LLP
Article

Unsubstantiated Findings In Workplace Investigations: What To Do When You Can’t Decide

When workplace investigators face difficult decisions, many default to marking allegations as "unsubstantiated" to avoid risk. However, this seemingly safe approach carries significant organizational costs, undermines complainant trust, and often stems from insufficient training in credibility assessment and the balance of probabilities standard.
CanadaEmployment and HR
RT Workplace Training & Consulting Inc.
RT Workplace Training & Consulting Inc.
Article

Quebec’s New Truck Licence Transfer Rules: What Ontario Carriers Need To Do Now

Ontario commercial truck drivers with less than two years of heavy-truck experience must now pass a practical road test administered by Quebec's SAAQ before transferring their licence to operate heavy vehicles in the province. This new requirement follows fatal collisions and an Ontario Auditor General audit that exposed significant gaps in training standards and provider oversight. Carriers operating across the border need to factor these requirements into workforce planning, recruitment timelines, and dis
CanadaTransport
Miller Thomson
Miller Thomson
Article

Quebec’s Bill 24: New Consent Requirements For AI Generated Advertising And The Legal Risks Business Cannot Afford To Ignore

Quebec's new Bill 24 prohibits businesses from using a person's identity or image in consumer advertising without consent, creating significant compliance obligations for companies using AI-generated content, synthetic voices, and digitally altered spokespersons. The legislation introduces broad enforcement powers and extends liability beyond content creators to platforms that distribute or facilitate unauthorized representations.
CanadaConsumer Protection
Miller Thomson
Miller Thomson
Article

Canadian Income Tax Source Deductions And Payroll Taxes: What Every Foreign Employer Needs To Know

Foreign companies hiring Canadian employees or allowing remote work from Canada face immediate payroll obligations that begin the moment employment duties are performed on Canadian soil. Understanding income tax source deductions, CPP and EI premiums, provincial payroll taxes, and director liability rules is essential for compliance, regardless of whether the employer maintains a physical Canadian presence.
CanadaTax
Miller Thomson
Miller Thomson
Article

Could The Old Ontario Construction Lien Act Still Apply To Your Project? The Court Of Appeal Weighs In

A 2026 Ontario Court of Appeal decision reveals that construction contracts signed years after legislative reforms may still be governed by the old Construction Lien Act if the procurement process began before July 1, 2018. The ruling demonstrates how early project proposals and negotiations can determine which statutory regime applies, regardless of when the final contract was executed or where the project was ultimately built.
CanadaReal Estate and Construction
Miller Thomson
Miller Thomson
Article

Consultation du Canada sur la transparence en matière d’IA : ce que les entreprises doivent savoir avant le 23 septembre

Canadian organizations developing, acquiring, deploying or using AI have until September 23, 2026 to contribute to shaping the federal government's approach to AI transparency through a public consultation. Innovation, Science and Economic Development Canada is seeking input on five key areas that could lead to new disclosure obligations, incident reporting requirements, and AI agent tracking mechanisms.
CanadaStrategy
Miller Thomson
Miller Thomson