• First Reference
  • About us
  • Contact us
  • Blog Signup 📨

First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

  • Home
  • About
  • Archives
  • Resources
  • Buy Policies

fiduciary duty

By McCarthy Tétrault LLP | 3 Minutes Read January 21, 2019

“Keep your hands clean”: Ontario Superior Court rules that an unfairly terminated fiduciary may owe a lesser degree of post-employment fiduciary duties

Recently, in the case of Palumbo v. Quercia 2018 ONSC 503, the Ontario Superior Court of Justice ruled that the restrictions on soliciting clients of a corporation will not be as strict for an unfairly terminated fiduciary.

Article by McCarthy Tétrault LLP / Employee Relations, Payroll / breach of fiduciary duty, employment law, fiduciary duty, soliciting customers, termination, wrongful dismissal, wrongful termination

By Occasional Contributors | 3 Minutes Read April 17, 2017

Ontario Superior Court comments on director and officer duties

A recent decision of the Ontario Superior Court of Justice addresses directors’ duties towards the corporation and its employees. Specifically, the court addressed whether a director or officer’s fiduciary duties extend to protecting an employee from the consequences of that employee’s own fraudulent acts.

Article by Occasional Contributors / Business, Not for Profit / board of directors, common law negligence, director, Duty of care, Duty of loyalty, fiduciary duty, négligence, officer, Ontario Psychological Association v. Mardonet, reasonable standard of care

By Occasional Contributors | 7 Minutes Read August 1, 2014

The prodigal pension plan member

It’s one of those pension administration nightmares – someone of pensionable age shows up at your door claiming he was an employee 20 years ago and asks for his pension. There is some evidence of employment, but no record of a pension entitlement. As a fiduciary you cannot pay out benefits unless someone is clearly entitled, so you ask the person for some proof of the pension entitlement. At this point the person may give up; but your sense of relief is overshadowed by concerns that your record keeping did not allow you to be as certain as you might have been in disposing of the claim. On the other hand, if he doesn't give up, it will likely be an even more costly, time-consuming and frustrating exercise.

Article by Occasional Contributors / Business, Finance and Accounting, Payroll / burden of proof, Crown Life pension plan, deferred pension, document retention and destruction policy, evidence of employment, fiduciary duty, Financial Services Commission of Ontario, FSCO, Management and Retention of Pension Plan Records, no record of a pension entitlement, now administered by Canada Life, obligation of loyalty to the beneficiaries, Ontario Superior Court, pay out benefits, pension administration, pension plan, pension plan member, pensionable age, plan membership, proof of the pension entitlement, record keeping, robust record retention policy, Superintendent of Financial Services, what records an administrator should keep

  • « Go to Previous Page
  • Go to page 1
  • Go to page 2
  • Go to page 3
  • Go to Next Page »

Footer

About us

Established in 1995, First Reference is the leading publisher of up to date, practical and authoritative HR compliance and policy databases that are essential to ensure organizations meet their due diligence and duty of care requirements.

First Reference Talks

  • Home
  • About
  • Archives
  • Resources
  • Buy Policies

Main Menu

  • About First Reference
  • Resources
  • Contact us
  • 1 800 750 8175

Stay Connected

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

We welcome your comments on our blog articles. However, we do not respond to specific legal questions in this space.
We do not provide any form of legal advice or legal opinion. Please consult a lawyer in your jurisdiction or try one of our products.


Copyright © 2009 - 2022 · First Reference Inc. · All Rights Reserved
Legal and Copyright Notices · Publisher's Disclaimer · Privacy Policy · Accessibility Policy