Practice Area: Litigation

Sweeping Reforms Proposed to Ontario Rules of Civil Procedure

· 3 min read

The Ontario Civil Rules Review (“CRR”) Working Group has released its much-anticipated Phase 2 Report, proposing broad reforms to the civil justice system in Ontario. The CRR was launched in January 2024 with a mandate to identify ways in which civil court proceedings could be made more efficient, affordable, and accessible.

Federal Court Dismisses $2.5 Billion Class Action Alleging Systemic Anti-Black Racism in Federal Public Service Hiring Decisions and Promotional Opportunities

· 4 min read

The Federal Court of Canada determined a class action that sought to address alleged systemic anti-Black racism and discrimination simply did not meet the procedural criteria to certify the action as a class proceeding. In this Common Ground, Hicks Morley’s Sean Reginio and Eleanor Vaughan examine the Court’s analysis.

B.C. Supreme Court Imposes Costs on Workers’ Compensation Appeal Tribunal for Procedural Fairness Breaches, Deviating from the “Traditional Immunity” Enjoyed by Decision-Makers

· 5 min read

A recent ruling underscores the importance of procedural fairness in administrative tribunal proceedings, especially when dealing with vulnerable applicants. In this Case in Point, Mariana Kamenetsky reviews the case, the court’s analysis and the decision. https://

Court Awards Terminated Executive Over $456,000 After Finding Employer’s Conditional Severance Offer Constituted Repudiation of the Employment Agreement

· 3 min read

A recent decision underscores the importance of complying with contractual termination entitlements for departing employees. In this Case in Point, Hicks Morley’s Justin Choy examines the decision and what it means for employers.

Employee’s $76,000 Claim for Vested Stock Units Barred by Wrongful Dismissal Settlement and Release

· 5 min read

Settlement agreements require careful attention to both present and future entitlements, as highlighted by the Ontario Court of Appeal’s recent decision in Preston v. Cervus Equipment Corporation. The Court held that the scope of an executed release, indemnity and minutes of settlement (the Settlement Documents) precluded an employee’s subsequent claim to vested stock units, despite…

Supreme Court of Canada Addresses Workplace Privacy Rights in Ontario Schools

· 5 min read

On June 21, 2024, the Supreme Court of Canada rendered its decision in York Region District School Board v. Elementary Teachers’ Federation of Ontario. The decision establishes that Ontario school boards are “government”—and thus subject to the Canadian Charter of Rights and Freedoms (Charter)—and provides guidance on how alleged breaches of an employee’s Charter-based right…

Ontario Court Approves Modest $62,000 Settlement in Employee Misclassification Class Action

· 3 min read

In Morris v. Solar Brokers Canada Corp., the Ontario Superior Court of Justice approved a negotiated settlement of $62,000 in a class action arising from the alleged misclassification of individuals as independent contractors. The Court also approved class counsel fees in the amount of $20,000, leaving $42,000 to be distributed amongst the class. As a…

Ontario Court Grants Injunction to End Encampment at University of Toronto

· 3 min read

The Ontario Superior Court of Justice has granted an interlocutory injunction to end an encampment on the University of Toronto’s Front Campus. The Court found that the University’s Governing Council, as the property owner, has the ultimate right to determine the land’s use. In obiter, the Court also reiterated that the Charter does not apply…