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  • Article

    New Guidance For Navigating Pay Transparency Reports

    In the evolving landscape of workplace equality, pay transparency has emerged as a critical tool for promoting fairness and trust within organizations.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    Ontario Court Of Appeal Upholds 30-Month Notice Period

    In the recent decision of Lynch v Avaya Canada Corporation ("Lynch")1 Ontario's Court of Appeal upheld an astounding 30-month notice period awarded...
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
Article

Ontario Labour Relations Board Comments On Appropriate Workplace Investigators

Employer discretion in managing the process through which workplace harassment and violence allegations are investigated can be crucial to ensuring that employers can manage costs and limit workplace interruption...
CanadaEmployment and HR
McMillan LLP
McMillan LLP
  • Article

    Personal Opinions Regarding Effectiveness Of Masks Insufficient To Ground A Valid Human Rights Complaint

    The British Columbia Human Rights Tribunal has dismissed another complaint relating to a refusal to wear a mask, this time in the context of religious belief and employment.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    The 2017 Ontario Budget – Pensions and Benefits Play a Central Role

    On April 27, 2017, the Government of Ontario put forward its 2017 Budget and introduced legislation – Bill 127, An Act to implement Budget measures and to enact and repeal various statutes – to implement the measures contained in the Budget.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    "The Risk Of Red Herrings": Failing To Provide Evidence Of Misconduct Leads To Punitive Damages

    A recent decision by the Ontario Superior Court of Justice , Gordon v. Altus Group Ltd., emphasizes how important it is for employers to engage in progressive discipline and to provide honest reasons when dismissing an employee for just cause.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    The Tide Turns: Positive Decision For Employers Seeking To Enforce Stock Agreements

    A recent no-nonsense decision will bring comfort to employers navigating the murky technicalities of stock award agreements and, more specifically, clauses in stock award agreements...
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    The Whistleblower Who Cried Wolf: Arbitrator Upholds Termination Of False Whistleblower

    Organizations have legal obligations to protect employees from workplace violence and harassment.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    There's One Month Left To Prepare For The AODA In Ontario – Is Your Company Ready?

    The Ontario Government enacted the Accessibility for Ontarians with Disabilities Act, 2005 (the "AODA") to develop standards to improve accessibility for Ontarians with disabilities in the areas of customer service, employment, information and communication, transportation and the built environment.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    "You Can't Have Your Cake And Eat It (Part) 2": An Update On Mitigation And Employment Contracts

    In June 2012, we wrote about Chief Justice Winkler's decision in Bowes v Goss Power Products (2012 ONCA 425) ("Bowes"), which had raised a number of eyebrows.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    Emissions Trading and Climate Change Bulletin: Canada´s Kyoto Future Uncertain

    As the new Conservative government takes its place in the House of Commons, Canadian industry is paying close attention to today's Throne Speech for an indication as to Canada's future under the Kyoto Protocol. Although they opposed the Accord while in Opposition, the new government's position remains unclear.
    CanadaEnergy and Natural Resources
    McMillan LLP
    McMillan LLP
  • Article

    New Regulation Regarding The 450 MW Block Of Wind Energy In Quebec

    The Regulation respecting a 450-megawatt block of wind energy1 was published by the Quebec Government on November 13, 2013. - See more at: http://www.mcmillan.ca/new-regulation-regarding-the-450-MW-block-of-wind-energy-in-Quebec#sthash.oZ1b28ql.dpuf
    CanadaEnergy and Natural Resources
    McMillan LLP
    McMillan LLP
  • Article

    BC Supreme Court Upholds Yet Another Decision Of The BC Environmental Assessment Office

    This case involved a proposal to construct 10 run-of-river hydroelectric power plants on tributary creeks to the Holmes River over an approximately 40 km distance.
    CanadaEnvironment
    McMillan LLP
    McMillan LLP
  • Article

    Developer-Friendly Changes Proposed For Ontario's Record Of Site Condition Regime

    The Ontario Ministry of the Environment, Conservation and Parks (the "Ministry") has proposed amendments to the Record of Site Condition ("RSC") regime to support building homes faster by reducing the need for an RSC.
    CanadaEnvironment
    McMillan LLP
    McMillan LLP
  • Article

    Environmental Protection: An Essential Consideration For Any Minor Exemption

    The Québec Court of Appeal recently reiterated[1] that a minor municipal exemption cannot be granted if it has the effect of adversely affecting the quality of the environment.
    CanadaEnvironment
    McMillan LLP
    McMillan LLP
  • Article

    Ten Times The Fine: Québec Introduces Increased Penalties For Environmental Non-Compliance

    Québec has introduced minimum fines ten times higher than previous penalties for environmental violations in high-risk industries including manufacturing, mining, and energy sectors. The amendments to the Environment Quality Act target specific contraventions such as unauthorized discharges, operating without proper authorization, and non-compliance with ministerial conditions.
    CanadaEnvironment
    McMillan LLP
    McMillan LLP
  • Article

    Budget 2023: Proposed GST/HST Amendments Affect The Scope Of Financial Services

    Budget 2023 proposes to amend the Excise Tax Act (the "ETA") to expressly subject supplies of "payment card network" services to Goods and Services Tax/Harmonized Sales Tax ("GST/HST").
    CanadaFinance and Banking
    McMillan LLP
    McMillan LLP
  • Article

    Canadian Industry Responds To Final Report On Open Banking

    Senior financial services executives across the country recently participated in a survey regarding the Final Report on open banking (the "Report") from Canada's Advisory Committee (the "Committee")...
    CanadaFinance and Banking
    McMillan LLP
    McMillan LLP
  • Article

    Divergent Paths – Securities Regulatory Authorities In Nine Canadian Jurisdictions Propose To Adopt Different Rules For Registration Of Non-Resident Investment Fund Managers

    The Proposed Policy addresses requirements for registration by "non-resident investment fund managers" in the Policy Jurisdictions.
    CanadaFinance and Banking
    McMillan LLP
    McMillan LLP
  • Article

    OSFI Announces Proposed Amendments To The Vested Asset Regime For Foreign Insurance Companies Operating In Canada On A Branch Basis

    On March 29, 2021, OSFI announced three proposed amendments to the vested asset regime for foreign insurance companies with branch operations in Canada ("FIBs").
    CanadaFinance and Banking
    McMillan LLP
    McMillan LLP
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