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.
Practice Area: Litigation
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.
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).
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.
A Deal Is a Deal: Lessons From Stribling v Starbucks Coffee Canada Inc.
In Stribling v Starbucks Coffee Canada Inc., the Ontario Superior Court addressed a scenario in which an employer made a separation offer that was accepted in writing by the employee. However, the employee did not sign the release that was delivered to him by the employer and then sued for wrongful dismissal. The court treated…
Lessons In Employer Copyright Ownership From Nexus Solutions Inc. v. Krougly
Nassima Kaddoura outlines a recent Ontario Court of Appeal decision is a reminder that employers can’t assume they own employee created work — even if it competes with their business. Read the case in point and learn the key takeaways for employers.
BCCA Upholds Mandatory COVID-19 Vaccination Policy Where Employer Relied on Provincial Health Officer’s Opinion
A recent ruling offers new guidance to the reasonableness of mandatory workplace policies. In this article, Andrew Schjerning breaks down a recent British Columbia Court of Appeal decision confirming that employers may reasonably rely on public health authority guidance when implementing mandatory COVID‑19 vaccination policies.
“No News” May Not Mean “No New Employment”: Settlement Drafting Lessons From Cross v. Cooling Tower Maintenance Inc.
When it comes to settlement agreements, precision is non-negotiable. In this article, Justin Jalea explores the recent Cross v. Cooling Tower maintenance Inc. decision and provides important reminders for employers drafting settlement agreements involving salary continuance and clawback provisions.
Federal Government Reminds Federally Regulated Employers About Harassment and Violence Policy Compliance
Are your harassment and violence prevention policies up to date? George Vuicic breaks down the federal government’s recent reminder and what federally regulated employers should revisit to ensure continued compliance in the year ahead.