Case In Point

Ontario Superior Court Awards Damages for Equity Incentive Compensation Vesting After Notice Period

In Khatib v. GoEasy Ltd, 2026 ONSC 3513, the SCJ (Ont.) awarded a terminated executive damages on a pro rata basis, in respect of equity awards that would not have vested within the reasonable notice period.

Case In Point

Federal Replacement Worker Ban: First Reported Decision on the Merits

The Canada Industrial Relations Board has issued its first merits decision under the federal replacement worker ban, confirming that a violation depends on whether the individuals fall within the statutory prohibitions. In reviewing CUPE Local 4317 v. Montreal Gateway Terminals Partnership, Hicks Morley’s Simon Mortimer highlights the Board’s strict, provision-based approach under the updated framework.

Case In Point

Separate Agreements, Separate Forums: When Equity Disputes Escape the Employment Arbitration Clause

How employment and equity arrangements are structured and interpreted remains a focus for Ontario courts. Hicks Morley’s Avleen Banwait examines a key distinction for employers to consider when drafting relevant provisions: equity-based claims may fall outside the scope of an employment arbitration clause where separate agreements and forums are at play.

Case In Point

Final Means Final: Settlement Enforced by Ontario Labour Relations Board

In Yolande Linton v. Mohawk College of Applied Arts and Technology, the Ontario Labour Relations Board (Board) upheld and enforced a settlement between the parties, dismissing the Applicant’s unlawful reprisal claim under section 50 of the Occupational Health and Safety Act. For employers, this decision reinforces that clearly communicated and accepted settlement terms can be…

Case In Point

Ontario Court of Appeal Confirms No Charter Right to Deceptive Workplace Access

In Animal Justice v. Ontario (Attorney General), 2026 ONCA 380, the Court of Appeal for Ontario unanimously reversed the lower court and upheld the constitutionality of the Security from Trespass and Protecting Food Safety Act, 2020 (Act) and its regulation, General, O. Reg. 701/20 (Regulation).

Case In Point

Past Conduct, Present Cause: Ontario Court Upholds After-Acquired Cause in Birnbaum v. Dr. Chan

What happens when an employer discovers serious misconduct only after terminating an employee without cause? In Birnbaum v. Dr. Chan, the Ontario Superior Court confirmed that employees are not insulated from the consequences of serious misconduct committed before termination simply because it was discovered afterwards.

FTR Now

Ontario’s Court of Appeal Reaffirms the Limits of Justiciability in Dorceus v. Ontario

In Dorceus v. Ontario, the Ontario Court of Appeal confirmed that courts are not the place for sweeping political or scientific debates disconnected from viable legal claims. The decision is a useful reminder that civil claims must be grounded in material facts, that unmeritorious claims can be struck early, and that certain workplace-related disputes must proceed through the specialized forums with exclusive jurisdiction. Hicks Morley’s Shauna Bartlett reviews the decision and what it means for future claims.