Insights

Hicks Morley publishes a number of materials, both electronic and print, on issue-specific and sector-specific topics of interest to our clients. Our insights section has links to all of our various publications, updates and blogs, both current and historical, to keep you informed of developments in the law that impact human resources.


233 Results

FTR Now

Ontario Budget 2019: Protecting What Matters Most – Key Human Resources Highlights

By: Natasha D. Monkman, Paul E. Broad, Sukhvinder K. Dulay, Jordan N. Fremont, Tierney Read Grieve

On April 11, 2019, the Ontario government tabled its 2019 Budget, Protecting What Matters Most (Budget), and introduced supporting implementation legislation, Bill 100, the Protecting What Matters Most Act (Budget Measures), 2019 (Bill 100).

The Budget outlines key initiatives around broader public sector compensation, reforms within the healthcare sector, registered pension plans, freedom of information, and more. In this FTR Now, we highlight the proposals that are of particular interest to employers, benefits plan administrators and human resources professionals.

Case In Point

Appellate Court Finds Preferential Treatment of WSIB Claimants in Workplace Not Discriminatory

By: Kate K. Shao

The Ontario Divisional Court recently released Carter v. FCA Canada Inc and Human Rights Tribunal of Ontario, a decision which affirms that differential treatment between employees with work-related injuries and employees with non-work-related injuries is not discriminatory under the Ontario Human Rights Code (Code). The applicant, who had a non-work-related injury, sought to return to…

FTR Views

Coverage for Medical Cannabis under Ontario’s Workers’ Compensation System [Video]

By: Mariana Kamenetsky, Kathryn L. Meehan

The legalization of recreational cannabis, which came into effect on October 17, 2018, has raised many questions for employers about cannabis use in the workplace, as well as potential coverage of cannabis under benefit plans. In this video, Mariana Kamenetsky and Kathryn Meehan talk about coverage for medical cannabis under Ontario’s workers’ compensation system.

Case In Point

No Tort of Harassment in Ontario

By: Will T. McLennan

In Merrifield v. Canada (Attorney General), the Ontario Court of Appeal found that a “tort of harassment” does not exist in Ontario. The plaintiff/respondent was hired as a Constable in the Royal Canadian Mounted Police (RCMP) in 2005. He was promoted to Corporal in 2009 and then to Sergeant in 2014. In June 2007, he…

School Board Update

Recent Developments of Note

By: Dianne E. Jozefacki, Amanda E. Lawrence-Patel, Diana P. Holloway, Kate K. Shao

On March 15, 2019, the Ministry of Education outlined several new initiatives in a plan entitled “Education that Works for You” which will have a significant impact on the school board sector. In this School Board Update, we summarize the key initiatives.

Case In Point

An Update on the Status of Family Status – Just in Time for Family Day

By: Jordan D. Simon

In a recent decision released by the Human Rights Tribunal of Ontario, the Tribunal found that an employer discriminated against the Applicant, a personal support worker, by failing to accommodate her special childcare needs. The Tribunal found that the Applicant’s employment was terminated at least in part because she was unable to offer more flexible hours due to her childcare obligations. The Tribunal awarded a remedy of $30,000 in compensation for injury to the Applicant’s dignity, feelings and self-respect.

Reaching Out

Reaching Out – Fourteenth Edition

By: Michael S. Smyth, Paul S. Schwartzman, Sean Reginio, Anna Jeffery

Dear Friends, Welcome to our Winter 2019 edition of Reaching Out. The last 18 months have been a tumultuous time in employment law in Ontario. We saw the introduction of sweeping changes to the Employment Standards Act, 2000 and Labour Relations Act, 1995 in January 2018, only to see many of them repealed in January…

School Board Update

School Boards Take Note: Recent Developments of Interest

By: Amanda E. Lawrence-Patel, Dianne E. Jozefacki, Diana P. Holloway, Kate K. Shao, Matin Fazelpour

In this Update, we discuss a recent decision of Arbitrator Nyman with respect to what constitutes a collective agreement and which re-affirms the longstanding principle that the interpretation of a collective agreement is first to be based on the plain and ordinary meaning of the written words. We also discuss a topical case with respect to a grievor’s obligation to produce arguably relevant medical documentation in the context of a grievance arbitration – notwithstanding the contractual restrictions that may exist.

FTR Quarterly

FTR Quarterly – Issue 12

By: Shivani Chopra, Will T. McLennan, Amanda J. Hunter

In This Issue: Year in Review – Key Human Resources Law Developments of 2018, The Road Ahead: Human Resources Trends and Issues to Watch in 2019 and more!