287 Results

Common Ground? Class Action Updates

The Court of King’s Bench of Alberta has permitted disclosure of settlement details in a class action lawsuit against the City of Leduc, revealing a payment of over $9.5 million to 155 female employees who experienced workplace sexual misconduct. This case represents both one of the highest compensation per person for workplace sexual misconduct claims…

Common Ground? Class Action Updates

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.

Case In Point

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.

Case In Point

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.

Case In Point

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…

Case In Point

In Marshall v Mercantile Exchange Corporation, the Ontario Superior Court of Justice granted an employer’s motion for a defence medical examination of a former employee who claimed an inability to mitigate their damages due to a mental health condition. This decision makes clear that in appropriate cases, a defendant in a wrongful dismissal lawsuit will…

School Board Update

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…

Common Ground? Class Action Updates

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…