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.
Publication Name: 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.
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.
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.
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…
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).
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.
Alberta Court Finds Executive’s Misrepresentation of Academic Qualifications Justifies Dismissal With Cause
In Tudor v Accurate Screen Ltd., 2026 ABKB 237, the Alberta Court of King’s Bench upheld a just cause dismissal where a VP falsified his academic credentials on his résumé.
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.