July 28, 2020 - The Ontario Superior Court has released its decision in Battiston v Microsoft Canada Inc. (Battiston), which involved the without-cause termination of a long-serving employee. Among other issues raised in the litigation was the status of Mr. Battiston’s unvested stock awards that had...
Bright New Idea for Pensions
Davies partner Jessica Bullock describes a new and unique type of hybrid pension plan – target benefit plan (TBP) – whereby the risk is shared equally between the employer and employees. TBPs represent a compromise that is intended to minimize the risks associated with traditional DB and DC pension plans.
In this article, Jessica explains the mechanics of this type of plan and how it is being implemented in New Brunswick, currently the only jurisdiction in Canada that permits the establishment of TBPs. Although Ontario, Alberta, British Columbia and Nova Scotia have enacted legislation to expressly permit TBPs, regulations are still required and the legislation in these jurisdictions has not been proclaimed into force. In Quebec, temporary legislation provides for the establishment of TBPs in certain enterprises. And earlier this year, the federal government announced a proposal to implement TBPs for federally regulated private sector and Crown corporations.
July 07, 2020 - Many Ontario employers document the terms of the employment relationship in a written employment agreement. These agreements commonly distinguish between an employee’s entitlements on termination of employment “without cause” and termination “for cause. ” At the same time, it is settled law...