Legal Decisions

• Court upholds damage award for terminated bipolar employee

  Employers struggling with how best to accommodate mental health in the workforce, will be interested in a new decision of the Ontario Divisional Court upholding an $80,000 judgment against an Ottawa company that dismissed a man with bipolar disorder.

• The duty to accommodate: The Supreme Court rules in favour of the employer

  The Supreme Court of Canada has just ruled in the case of Hydro-Québec, unanimously reversing the decision rendered by the Court of Appeal of Québec in February 2006. In doing so, the Supreme Court upheld the dismissal of an employee as a result of excessive absenteeism due to an illness, after several unsuccessful attempts to accommodate her, reports a Stikeman Elliott Employment Law Update.

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• SCC permits dismissal of sick employee for excessive absenteeism

  The Supreme Court of Canada has unanimously reversed the decision of the Quebec Court of Appeal in Hydro-Québec, upholding the dismissal of an employee as a result of excessive absenteeism due to an illness, after several unsuccessful attempts to accommodate her.

• Recent case law developments

  A Pension Alert from the law firm of Borden, Ladner, Gervais highlights recent legal decisions of interest to the pensions community and their significance for employers.

• Monsanto does not bind federally-regulated plans, FCA rules

  In a surprising decision, the Federal Court of Appeal has ruled that the Supreme Court of Canada decision in Monsanto does not bind federally-regulated plans, and as a result surplus is not payable on partial wind up.

• Former Imperial Oil employees lose their second kick at the can

  A new decision from the Alberta Court of Queen's Bench confirms the right of defined benefit pension plan sponsors to "adversely" amend qualification criteria for ancillary benefits, and reveals that the court has a low tolerance for repetitive litigation, even where the prior decision is from a regulator in another province

• Is this the end Of Quebec exceptionalism in class action matters?

  The Superior Court of Quebec recently rendered a judgment inBrito v. Pfizer Canada Inc. authorizing the institution of a national class action in the Province of Quebec. Quebec has long been considered a haven for the plaintiff class action bar. With this judgment, the June 2008 Blakes Bulletin says there is no doubt that it will, for the time being, retain this status for future national class actions.

• When golf membership is not a taxable benefit

  A former executive of Canada Life scored a "hole in one" when the Tax Court of Appeal agreed that membership in a golf club he neither wanted nor used, was not a taxable benefit.

• Davies successfully defeats one of the largest proposed class actions in Quebec history

  The Québec Court of Appeal has released its highly anticipated decision in the "Piro" case (Option Consommateurs v. Novopharm et al.) -- a $3.9 billion proposed class action instituted on behalf of all Quebecers against nine generic drug manufacturers -- and dismissed the appeal from the decision which refused to authorize the class action.

• The decision in Burke v. Hudson's Bay Company

  A Blakes Bulletin analyzes the Ontario Court of Appeal decision in Burke v. Hudson's Bay Company which clarifies that a transfer of surplus assets on the sale of a business was not required, at least in the circumstances where plan members did not have entitlement to surplus on a pension plan wind-up, and which clarified when it is acceptable to pay pension plan expenses from the pension fund.

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• 2008 EI and CPP/QPP premiums are released

  Canadian employers and their employees will pay lower Employment Insurance premiums in 2008, and there will be no increase in CPP/QPP contribution levels. Employment Insurance

• "Five minutes about managing vacation envy" with Ceridian's Estelle Morrison

  Summer is almost over, and yet many Canadians have still not used up any of their annual vacation days. In this week's podcast, Ceridian Director of Health Management Estelle Morrison discusses managing the "vacation envy" of those who didn't get away, and practical strategies for employers who want to ensure their employees get regular R&R.

• Salary budgets in Canada, U.S. continue to climb

  Results from the 35th Annual WorldatWork Salary Budget Survey, the largest survey of its kind, show pay budgets growing steadily from 2008 to 2009 in the U.S. and Canada.

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• Salary budgets in Canada, U.S. continue to climb

• Mental health stigma still widespread in Canada

• Are you getting bangs for your tuition reimbursement bucks?