In Hedrick v. Johnston Meier Insurance Agencies Ltd., Justice Bennett of the Supreme Court of British Columbia addressed two issues that will be of interest to employers: when an employer may rely on frustration of contract, and when statutory benefit payments may be deducted from wrongful dismissal damages.
Practice Area: Employment Law
Arbitrator Strikes Down TTC’s Random Drug and Alcohol Testing Program
A significant decision concerning workplace drug and alcohol testing, has found that the Toronto Transit Commission’s (TTC) random drug and alcohol testing program was unreasonable, contrary to the collective agreement and inconsistent with employees’ rights under section 8 of the Canadian Charter of Rights and Freedoms (Charter).
“At Any Time” and “For Any Reason” Termination Clauses Survive: OCA Clarifies Rules for Interpreting Employment Contracts
The Ontario Court of Appeal has issued a significant decision that brings much-needed clarity to the interpretation of employment contracts and the enforceability of termination provisions under the Employment Standards Act, 2000.
Cleaner Reinstated Following Threat to Kill Supervisor
In Servantage Services Corporation v Unifor Local 3000, Arbitrator Rogers reinstated a cleaner dismissed for making a death threat, emphasizing the importance of proportionality and rehabilitative potential in disciplinary decisions.
BC Court of Appeal Upholds Fixed-Term Employment Commitment in Business Acquisition
BCCA decision confirms agreements arising from single transaction will be read harmoniously to give effect to parties’ overall bargain.
Unwritten Practices, Selective Discipline, and the Cost of Bad Faith
Wilsher v. Olympic Wholesale highlights the risks for employers of relying on unwritten practices, enforcing workplace rules inconsistently, and engaging in bad faith conduct during the dismissal process.
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.
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.
Canada Tables Bill C-36, the Protecting Privacy and Consumer Data Act
In our latest FTR Now Hicks Morley’s Victoria McCorkindale outlines significant changes for private sector organizations proposed in Bill C-36, the Protecting Privacy and Consumer Data Act.
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).